[ExI] insanity plea
Anders Sandberg
anders at aleph.se
Tue Feb 26 23:53:07 UTC 2013
On 26/02/2013 16:39, John Clark wrote:
> On Mon, Feb 25, 2013 Stathis Papaioannou <stathisp at gmail.com
> <mailto:stathisp at gmail.com>> wrote:
>
> > There is no point in punishment if perpetrators and potential
> perpetrators aren't going to change their behaviour.
>
>
> But no matter how crazy somebody is you can ALWAYS change their
> behavior. Imprisoning them will change their behavior, at the very
> least their prey population will become quite different. And if a
> bullet is placed in their brain their behavior will change even more.
The point of punishment is manifold. Check
outhttp://lawcomic.net/guide/?p=60 and onwards for a nice overview from
a legal perspective. Some rather interesting points about the failure of
deterrence.
Looking at the list, rehabilitation and deterrence depend on learning.
Removal/prevention is all about just preventing certain actions.
Retaliation is more about inducing certain states in other people.
Ethicists might discuss the justice aspect of retribution endlessly, but
one key aspect is that the target is a moral agent: it is not fair to
punish people who could not do otherwise or did not have an
understanding of what they did, so by virtue of them being moral agents
they also need to have some sort of learning (otherwise they would not
be moral agents in the first place).
--
Anders Sandberg,
Future of Humanity Institute
Oxford Martin School
Faculty of Philosophy
Oxford University
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