Should the Criminal Justice System Be Abolished?

Much of jurisprudence is based on logic founded on faulty premises of regurgitated theological concepts shrouded in naturalistic theory and pseudoscience. This is not about the defund the police social trend of 2020. This is to say that the justice system is smoke and mirrors writ large. It’s ostensibly built on anachronistic concepts such as volition, evil, soul, blame, and forgiveness that should be tossed into the dustbin of history along with phrenology, humours, and will.

The titleof this post is taken from Robert Spapolsky’s proposed chapter concept for Behave, published in 2017, where until now, it’s languished on my Want to Read list, having entered via the vector of my interest in behavioural economics. Chapter 16 was eventually published with the title of Biology, the Criminal Justice System, and (Oh, Why Not?) Free Will.

I’ve been writing for years about the nonesensical attachment to these notions, so it gives me comfort in solidarity to discover others who share, at least to some degree my perspective, knowing, of course, that this doesn’t make this perspective any more correct.

To be fair, I’ve held a low opinion of so-called justice (and government) systems pretty much since I was taught about them almost 50 years ago. In the US, much teaching is really propagandising about how fair these systems are and how peers and reasonable persons concepts make is superior. In my mind, those were the being failings. Later, when I hopped onto my language insufficiency bandwagon, it only fell apart more. Kafka’s The Trial represents the internal workings of most justice systems than the logic and reason of propogated but proponants.

Stopping here. Much to do. I recommend reading Behave. If you’ve read it, I’d love to see what you thought about it.

Why the world does not exist

Markus Gabriel was brought to my attention, and I immediately thought of Lance at The Dog Walks.

In essence, part of his argument touches on the insufficiency of language, but his key rationale for this claim is anchored arount Kant and set theory. He published a book by the same name on this topic in 2015. This TedX talk is from 2013. I haven’t read it and am unlikely to do so in the near term, but it might be interesting if it expands upon the notion presented here.

Language Primacy: Cognition or Communication

As I am busy researching, this will likely be short. It would be even shorter without this preamble.

In researching the literature for my insufficiciency of language hypothesis, I am reading Fodor and Reboul to try to better grasp the evolutionary function of language. Both rely on the Theory of Mind. It seems that the more accepted theory is the language primarily evolved for communication as a survival mechanism. However, Fodor defends that cognition was the primary function and communicated was exapted. Carruthers contributes to the Language of Thought domain.

As I’ve presented here in dribs and drabs, my insufficiency theory of language argues that language is ill-suited for the communication of abstract concepts. It is fine for expression; communication of situational objects, inventions, and motion, description; and argumentation. But imagined concepts such as fairness, justive, and freedom don’t hold water. As I’ve discussed this hertofore in detail, I’ll not repeat myself.

Confirmation bias notwithstanding, the primacy of cognition better explains why abstract conceptual communication so often fails. Language has been stretched beyond its boundary constraints, and the air is thin past that.

I’m not sure I am willing to choose a side quite yet. Rather, I’ll note the different perspectives and move on. The underlying mechanism is less important to me than the empirical deductions that follow.

Gender Constructs

I’ve been following Philosophy Tube since Abigail was Ollie. Always top-notch material. Their content has gotten longer over time, so I’ve found myself skipping over in favour of shorter presentations. I am so glad to have decided to watch this one.

As anyone who follows me knows, I am a big advocate of social construct theory, yet I learned so much in this vid, which is proper well-cited AF. Lot’s of new content to add to my backlog, so I’ve got more than enough reading material for my next few incarnations at least.

The biggest takeaway for me is the notion that not only is gender a social construct, but so is sex itself. Previously, I have defended the sex-gender distinction, but in fact, scientific taxonomies are still social constructs—only in the scientific community rather than the greater community at large.

Abigail’s platypus drives home the point. Not that it’s some big reveal. Another less poignient analogy is fruit and vegetable classification. Tomatoes are fruits. Mellons—watermellons, pumpkins, and so on—are fruits. Say it ain’t so.

Give it a viewing and like or comment here and/or there.

Language of Life

I want to write about this Quanta Magazine article: What Is Life? Its Vast Diversity Defies Easy Definition. but I’ve not got enough spare time. Too many irons in the fire or plates spinning or which ever metaphor you favour.

My interest in the insufficiency of language is what attracted me to the article, and is probably how it ended up in my feed. To highlight some aspects, in 2011, Russian geneticist Edward Trifonov reviewed 123 definitions of life and found as many definitions as authors. Although he discovered some core shared features. His version distilled to self‐reproduction with variations.

The article mentions Wittgenstein’s language games—and rightfully so. But it underscores the point that language is an approximation of reality. My working position was that naming objects is simple—in fact trivial—, but naming abstract concepts presents challenges. Now, I find that the challenge sets in earlier than even I expected. Language is truly insufficient.

The first step to recovery is to admit there’s a problem.

Opiates of the Masses

No, really.

Memories are fallible. I’d thought I had written on this topic of opiates and public policy at length. And perhaps I have. Just not here. Perhaps that’s a good thing. Searching my blog for my take on opiates, I find that I cite Marx’s ‘Religion is the opiate of the masses‘, four times—make that five. But nothing more.

Carl Hart recently published a book on his heroin use—Drug Use for Grown-Ups: Chasing Liberty in the Land of Fear. By some accounts, Carl might appear to be the stereotypical heroin addict in the United States. Well, he’s black, so there’s that. But that’s where the stereotype ends.

Carl Hart is a professor of neuroscience in the psychology department of Ivy League, Columbia University—at least before he published his book. I’ve not read his book, but at my blog I’ve provided a link to the Guardian article, which prompted this post.

The gist I get from having read the Atlantic article is that the public health narrative surrounding heroin and other illicit drugs is akin to the hype of the days when Reefer Madness was all the moral outrage. And make no mistake—this outrage has everything to do with moral one-upmanship and nothing to do with health outcomes. This is pure and simple cultural performativism signalling the higher ground one occupies. As is common enough, many people have actually internalised their misinformation and disinformation to the point they truly believe there is a medical basis to their belief systems. If they are at all introspective, they would see that morals and Calvinism have nothing to do with this purported health care policy. It’s a seemingly reasonable, logical place to arrive. No emotional element is necessary.

But allow me to step back for a moment. Am I saying that there are no possible harmful effect for consuming drugs and other chemicals? No. Am I claiming that no one has ever died as a result of chemical intoxication or overdose? No, again. Am I saying that drug abuse does not incapacitate some people? Nope. I am saying none of the above. I am claiming that hyperbole abounds, the causal connection is overattributed, and cofactors are ignored in favour of an orthodox etiology.

For the record, I am a teetotaler. I do not abuse or even use chemicals referred to as drugs—illicit or otherwise. I don’t drink alcohol, don’t smoke cigarettes. I don’t even drink coffee or covfefe. I do drink Coca Cola, so my big vice in this regard is caffeine. Even rarely do I take ibuprofen or acetaminophen.

As I note in my Defence of Capitalism post, it’s difficult to get good second-hand information of illicit drugs. The medical-industrial complex and the official police state peddle fear and disinformation. Whether they believe the information they dispense is true or not is irrelevant. What is important is the low truth content. It makes one wonder what to trust and what not to when these agencies routinely propagate falsehoods and misrepresent truth.

This misrepresentation isn’t limited to opiates. I found it interesting when Michael Phelps won gold at the Olympics, only to announce that he was the consummate pothead, and smoking weed was part of his daily routine. Here’s what the official Olympics website says about him, by the time he retired at Rio 2016 at the age of 31, Michael Phelps had collected a total of 23 golds, three silvers and two bronzes at the Olympics, a record-breaking haul that looks unlikely to be bettered for many years to come. So much for the lazy stoner stereotype. As marijuana becomes more accepted by mainstream culture, we come to notice that many of the so-called mental health issues were just fabricated. The purpose was to shroud a moral argument in medical legitimacy. Whether the healthcare industry was complicit or it was the law enforcement regime gone rogue is a separate question. Yet again, it undermines the legitimacy of any claims.

In 2020, the world encountered the Coronavirus, COVID-19. And medical expertise, particularly around immunology and the spread of pathogens, came into question. In the United States and United Kingdom, their misinformation was further exacerbated by administrations hostile to science. But given the history of misinformation for political purposes, it may be premature to blame the general public for being reluctant to trust the alarms. They’ve created the classic Boy Who Cried Wolf scenario. And so the question becomes what health information can one trust? And who is the authoritative source?

Listen to this as a podcast on Spotify

What Reason?

Any system built on the presumption of widespread capacity for reason is bound to fail. The ability for most humans to ‘reason’ is clearly abridged and homoeopathic. And this is before one factors in cognitive deficits and biases. This is separate from sense perception limitations.

Nietzsche was right to separate the masters from the herd, but there are those in both classes with these limited capacities, though in different proportions.

People are predictably irrational

In economics, we have to define reason so narrowly just to create support the barebones argument that humans are rational actors—that given a choice, a person will take the option that leaves them relatively better off—, and even with this definition, we meet disappointment because people are predictably irrational, so they make choices that violates this Utilitarian principle. And it only gets worse when the choices require deeper knowledge or insights.

Democracy is destined to fail

This is why democracy is a destined to fail—it requires deeper knowledge or insights. The common denominator is people, most of whom are fed a steady diet of the superiority of humans over other species and lifeforms and who don’t question the self-serving hubris. They don’t even effectively evaluate their place in the system and their lack of contribution to it.

To the masters, who are aware of the limited abilities of the herd to reason, it seems like hunting fish in a barrel. If we convince the herd that they have some control over their destinies, that’s as far as it needs to go, but among the masters, there are subclasses, so people in these factions are also vying for position, so each employs rhetoric to persuade herd factions.

No one is sheltered from the limitations of reason

To the people out reading and writing blogs and such, confirmation bias notwithstanding, they may more likely to be ‘reasonable’ or able to reason, but try as they may, no one is sheltered from the limitations of reason.

More on this later…

Property, Tax

Interestingly, I started this blog exploring property, a concept that makes no sense to me, and continued on a Postmodern journey to discount rights and truth. And then Enlightenment thinking in and of itself. I think of these still, most recently turning onto the concept of Democracy. Whilst researching de Tocqueville, I happened upon this letter by Ben Franklin. What on? Property. And taxation.

Property

CHAPTER 16|Document 12

Benjamin Franklin to Robert Morris

25 Dec. 1783

Writings 9:138

The Remissness of our People in Paying Taxes is highly blameable;

the Unwillingness to pay them is still more so.

Benjamin Franklin

The Remissness of our People in Paying Taxes is highly blameable; the Unwillingness to pay them is still more so. I see, in some Resolutions of Town Meetings, a Remonstrance against giving Congress a Power to take, as they call it, the People’s Money out of their Pockets, tho’ only to pay the Interest and Principal of Debts duly contracted. They seem to mistake the Point. Money, justly due from the People, is their Creditors’ Money, and no longer the Money of the People, who, if they withold it, should be compell’d to pay by some Law.

Franklin calls out those citizens unwilling to contribute their fair share to the commonwealth.

Property superfluous to [the Conservation of the Individual and the Propagation of the Species] is the Property of the Publick

Benjamin Franklin

All Property, indeed, except the Savage’s temporary Cabin, his Bow, his Matchcoat, and other little Acquisitions, absolutely necessary for his Subsistence, seems to me to be the Creature of public Convention. Hence the Public has the Right of Regulating Descents, and all other Conveyances of Property, and even of limiting the Quantity and the Uses of it. All the Property that is necessary to a Man, for the Conservation of the Individual and the Propagation of the Species, is his natural Right, which none can justly deprive him of: But all Property superfluous to such purposes is the Property of the Publick, who, by their Laws, have created it, and who may therefore by other Laws dispose of it, whenever the Welfare of the Publick shall demand such Disposition. He that does not like civil Society on these Terms, let him retire and live among Savages. He can have no right to the benefits of Society, who will not pay his Club towards the Support of it.

Franklin is supportive of Locke’s property of ‘life, liberty, and property’ fame, but he is decidedly not a fan of passing along excess generational wealth. In fact, he feels that such excess property should accrue to the public.

To those unwilling to play by these rules, banishment to the wolves is not too good for them. Stripping them of citizenship is not too harsh a punishment.

He that does not like civil Society on these Terms, let him retire and live among Savages

Benjamin Franklin


The Founders’ Constitution
Volume 1, Chapter 16, Document 12
http://press-pubs.uchicago.edu/founders/documents/v1ch16s12.html
The University of Chicago Press

The Writings of Benjamin Franklin. Edited by Albert Henry Smyth. 10 vols. New York: Macmillan Co., 1905–7.

Easy to print version.

Vantage

A runner helps a competing runner to complete and win a race. The competitor had been confused, as signage was in a language foreign to him, so the other helped him out.

Iván Fernández Anaya and Adel Mutai Race

Although the debate in the comments thread on LinkedIn of whether the rules of the event supersede the overarching human condition leans heavily toward cooperation over competition, some are vehemently opposed to the thought of ‘breaking the rules’ of the contest.

I suggest that this is an issue of framing. Sporting events are a wholly contained subset of the human condition. If you visualise this as a Venn diagramme envisaged as camera lenses, you’ll see that the event is a deliberate tight shot. One with the broader human experience cropped out. But the viewer has the ability to pull back and capture a wider shot. This shot recognises factors other than winning a petty sporting event. It emphasises cooperation over competition.

There is no moral imperative here. One may adopt either lens without shame. As for me—and apparently most—, the wider shot is preferred. But a wider lens is not always the default view for humans.

Humanism

When it comes to how, as people, we fit into the larger universe, we tend to adopt a human-centric view. And one doesn’t need to be a Humanist to take this position. Most religions do this by proxy, where the gods have appointed humans as the Ones.

How can one not be a racist?

This is the same choice as whether to adopt a tight or a wide shot. And some people take an even tighter shot, where the focus is on nationality or race or colour or sex or gender or affluence or whatever. But the wide shot captures all species on the same plane. Peter Singer is the leading Western philosopher in this space. In his world, Humanism, this human-centred view, is Speciesism.

The most common responses to this charge are to dismiss it on the grounds that ‘humans are superior for reasons’ or that ‘as long as we consider the biosphere as a system, we can still take an elevated position’. I don’t truly accept either of these positions. The first is, frankly, narcissistic, as is the second, but humans have an abysmal track record when systems thinking and complexity are involved.

How can one not be a Speciesist?

The obvious question, then, akin to, ‘How can one not be a racist?’ in these #BlackLivesMatter times, is ‘How can one not be a Speciesist?’ But there are still wider lenses as we pull back to capture the entire taxonomy. We can elevate species to genus to family, order, class, phylum, kingdom, domain, or life. And why stop there except for moral convenience?

Ask yourself: What lens are you using? What is your frame? Where is your focus? What is your depth of field?

Humanism is Speciesism

Why is racism wrong but speciesism OK? Primarily, other species have no voice, and to have no voice is to have no say. This advert got my attention.

Joaquin Phoenix Advert

Humanism is part and parcel of specious Enlightenment tripe, where ‘coincidentally‘ humans put themselves at the forefront. Copernicus removed Earth from the centre — though to be fair, even Christians had elevated gender-non-specific-Man above other animals — , but Humanism makes it more poignant that it’s Man at centre not God. Gods be damned. In fact, it’s often an afterthought that humans are animals at all, despite only the slightest veneer of consciousness and, more to the point, language to separate us from them.

Otherness has proven itself to be an evolutionary survival aspects, one that has brought me tho a point where I can write this, so one can call it natural, another term fraught with connotational baggage. To be able to differentiate and discriminate appear to be valuable attributes, but how much is enough, and how much is too much.

Buddhism teaches that we are all one with the cosmos, that any distinction is an illusion. Buddhist Enlightenment — not to be confused with Western Enlightenment — is to understand this, to not be bound to the illusion.

But, if racism is wrong, why is speciesism OK? Humans do give some animals some rights, and some places give different animals different rights, whilst other give animals categorically more and fewer rights. Some places ascribe divinity upon animals, elevating them above humans.

Racism seems to be more wrong because humans are more genetically homogeneous — at least phenotypically. Other mammals and herptiles don’t look so much like us. In observation, when they do, we have an additional layer of empathy, so chimps and canines with expressive eyes gain sympathy not afforded crustaceans and pinnipeds.

I don’t have an answer save to say that it’s just convenient and some day we may see a world as portrayed by science fiction where some — mostly bipedal species — live quasi-harmoniously with humans. But even there, humans are always the start, front and centre to provide to moral POV.