Tag: restorative justice

In this segment, I ponder the interplay between blame and Causa Sui. I’ll discuss the implications for moral responsibility as well as legal responsibility, which are not as in sync as one might imagine they might be.

To the uninitiated, Western legal systems have no pretensions about being about morality or justice. Legal systems are designed to maintain power structures and the status quo. They are deontological machines, making them prime targets for automation by the machine learning associated with artificial intelligence. This would also diminish the power of rhetoric over facts to some extent. But, I am no legal scholar, and all of this will have to wait for another segment.

I recently shared a video on causa sui and the basics of blame and blameworthiness, so I want to intersect those topics here.

Peter Strawson suggested that for humans, blame is a reactive response. It’s reflexive like having your knee jerk when tapped. Essentially, his position is that if blame didn’t naturally exist, we’d have to invent it, mirroring Voltaire’s quip, ‘If God did not exist, it would be necessary to invent Him’. Of course, this is because they serve the same power control purpose.

If God did not exist, it would be necessary to invent Him

Voltaire

To be fair, blame is closer to real than God, but the point remains. Strawson’s point is also that humans are saddled with blame and it’s not going anywhere no matter how nebulous it becomes in execution. It’s natural.

To me, this starts to sound suspiciously like a naturalistic fallacy. Humans seem to selectively cherry-pick which so-called natural tendencies they choose to defend. One might use nature to argue that female sexual availability begins at menstruation, and yet we have decided to ignore this and defer this on the grounds of civility. It’s obvious that we could consider blame to be an animal instinct we want to domesticate away, but because it serves other purposes, per Strawson’s perspective, it’s a useful tool.
But what’s the causa sui challenge. Let’s quickly recapitulate.

Causa sui argues that one cannot be the cause of oneself, ex nihilo. Being full products of nature and nurture to adopt the lay parlance, any blameworthiness lies with the sources or creators. Since we are concerned with moral responsibility, we can eliminate nature forthrightly. Nature may be responsible—by many estimations approximately 40 per cent responsible—, it possesses no moral agency. And if the individual is not responsible, then we are left with the environment and society, including the social environment. Of course, the environment gets off the hook in the same manner as the genetic and hereditary factors of nature.

Before we consider society, let’s regard the individual.

Albeit the brain-as-computer is a bit facile, it’s still good enough for illustrative purposes. When you are born, your cognitive hardware is installed, as are your edge peripherals and update protocols. Any of these can become damaged through some degenerative processes, or external environmental factors, but since my interest is in optimistic rather than pessimistic scenarios, I’ll ignore these instances. Given that blameworthiness is directly related to presumed cognitive processing, factors that diminish these faculties, mitigate blameworthiness and factors than increase it, ameliorate it.

As a—quote—’normal’ child becomes an adolescent and then an adult, the probability it will become blameworthy, increases with age, ceteris paribus. A person with cognitive deficits or conditions such as aphasia or dementia decreases the probability of blame assignment. Even temporary impairment mitigates judgment—oh, she was drunk.

So, following the brain-as-computer analogy, your brain is a CPU with a self-updating cognitive operating system and instruction set. Essentially, there is also short and long-term memory.
In the case of cognitive deficits, one of these components might be effectively broken. The CPU might process too slowly; it might misinterpret what it receives; there may be issues with the sense organs or the nerves that transport signals.

I’ve got a mate who, due to medical malpractice at birth, experienced nerve damage. Although his eyes and brain are normal, his optic nerve cannot carry signals very well, effectively leaving him blind. Neither can he taste nor smell. So there’s that.

But assuming that this processing and storage hardware are intact, the causa sui constraint still applies, but let’s spend some time evaluating societal interactions.

All inputs come from society—cultures and subcultures. Apart from misinterpreted processing scenarios, if a person doesn’t receive a particular moral instruction set, that person should surely be considered to be exempt from moral blame. It may be difficult to assess whether an instruction has been input. This is a reason why children are categorically exempted: they may not have received all of the expected moral codes, they may not have been stored or effectively indexed, and their processing hardware is still in development—alpha code if you will. Brain plasticity is another attribute I won’t spend much time on, but the current state of science says that the brain is still not fully developed even by age 30, so this is certainly a mitigating factor, even if we allow leeway for the causa sui argument.

I mention subculture explicitly because the predominant culture is not the only signal source. A child raised by, I don’t know, say pirates, would have an amended moral code. I am sure we can all think of different subcultures that might undermine or come at cross odds with the dominant culture, whether hippies, religious cultists, militia groups, racial purist groups, and so on.

So, a commonly held moral in the subdominant group may counter that of the prevailing one. An example that comes to mind is some religious organisations that do not agree with human medical intervention. There have been cases where parents have allowed a child to die from an otherwise curable condition. Although in the United States, there is a claim of freedom of religion—a claim that is spotty at best—, parents or guardians in situations like these have been convicted and sentenced for following their own moral codes. But as with all people, these people are as susceptible to the limitations of causa sui as the rest of us. They are not responsible for creating themselves, but moral responsibility was asserted based on the beliefs of the prevailing culture. Even besides the legal context, persons in the larger society would likely blame the parents for their neglect—though they may be praised for being resolute in their righteousness by their in-group. This just underscores that morality is a collection of socially constructed conventions rather than something more objective.

Returning to causa sui, let’s say a person commits an act that society would typically assign blame. Rather than exercise some act of retributive justice—a concept with no foundation in a causa sui universe—the course of action was remediation. In this case, the desired moral instruction would be delivered thereby seemingly making the moral offender blameworthy. But would they be?

Presumably, (for what it’s worth) psychologists would evaluate the subject for competency in maintaining the programming. In the case of the aforementioned religious parents, they may be threatened with retribution for not abiding by the superseding rules of the prevailing power structure.

Although I might personally allow some leeway even with the causa sui in full force and effect, but I can’t say that I have much faith in the ability of humans to make a correct assessment. My impression is that any assessment would be one of convenience than something sounder.

Perhaps I’ll produce a more robust segment on retributive justice, but my feeling is that retributive justice is an area that legal systems should avoid altogether. If necessary, focus on restorative justice, rehabilitation (or ‘habilitation’ as the case might be) and quarantine models to ensure any bad actors are contained away from society. Again, this puts individuals at the mercy of cultures they find themselves a part of. I am not going to delve into this any further save to remind the listener of gang initiation schemes where a person needs to kill a member of a rival gang to become a trusted member. This is their moral code—quite at odds with the mainstream.

So there you have it. Owing to causa sui constraints, a person cannot be ultimately responsible for their actions. My primary thesis is—apart from metaphorical equipment failures—that any moral responsibility falls wholly on the society or culture. Full stop. And this isn’t as foreign as one might first feel. Although for most people blame is natural, in an individualistic society, people are interested in finding the culprit. In collectivist cultures, any culprit might do. Perhaps I’ll share some stories in a future segment.
Meantime, what are your thoughts on moral responsibility? Can someone be ultimately responsible? Some have said the ‘ultimate responsibility’ is a philosophical red herring and that we can still hold someone responsible, even if not in the ultimate sense, which causa sui disallows. Are you more in this camp? Is this enough to mete out so-called retributive justice? For me, retributive justice is a euphemism for vengeance, and justice is a weasel word. But that’s just me, and perhaps a topic for another segment.

Are there any topics you’d like me to cover? Leave a comment below.