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.

The Problem of Rape

Last week, Motherboard published the full email thread in which Stallman wrote that the “most plausible scenario” is that Epstein’s underage victims in his campaign of trafficking were “entirely willing.” Stallman also argued about the definition of “rape” and whether the term applies to the victims.

When someone else in the email thread pointed out that victim Virginia Giuffre, who was 17 when she was forced to have sex with AI pioneer Marvin Minsky, Stallman said “it is morally absurd to define ‘rape’ in a way that depends on minor details such as which country it was in or whether the victim was 18 years old or 17.”

Vice.com

Richard Stallman resigned from several positions after these comments were surfaced.

The United States have a communication problem that transcends their petty polar politics, and this issue extends to the West.

The conversation around rape and Julian Assange became an issue based on Sweden’s characterisation of the crime as they see it, but this is different.

As with many jurisdictions, the United States creates age-based legal boundaries. This is expedient, to to sure, but we also know, rape aside, that people mature at different paces–not to mention the concept that the brain is not fully developed (whatever than means) until around age 30.

Age is used to delimit majority for contracts, marriage, sex (consent), alcohol, voting, military service, and so on, but it’s a weak tea proxy.

As a legal/social subject, rape is fairly categorically reviled, but it is hardly cut and dry, especially when one confounds the issue with the concept of statutory rape, which is where the systems strips the concept of consent from the equation, so that at 6,569 days a woman (because this is predominately applied to females over males) has no right to consent but at 6,570 does. This is further exacerbated because different jurisdictions have different ages of consent and loopholes, that are beyond the scope of my commentary and misses the point of communication.

Hot Button

Rape, race, and gender are hot button topics used to curtail and derail legitimate discourse and conversation. Whether Stallman’s comments exceeded the bounds of my argument does not invalidate the argument. Perhaps, he did overstep the bounds of civility, but that’s not my concern here.

To me, the question is, given I feel that the sole purpose of jurisprudence systems is to consolidate power to the status quo, how do we create a fair but ‘knowable’ boundary around things for which we currently rely on age, one where both sides of the consent equation understand the limit ex ante. But given legal systems are not designed for precision but for simplicity and expedience (albeit in a Rube Goldberg sort of way) and given that most people don’t question systems themselves, I don’t expect it change any time soon.

Neither do I expect the broader population not to be distracted by these same hot button topics. Distraction is a standard rhetorical device.

Why Sexual Morality Doesn’t Exist

His words, not mine.

Whilst I agree that all morality is contrived, Alan H. Goldman, Kenan Professor Emeritus of Philosophy at the College of William and Mary, presents his position that sexual morality is not divorced from any morality. It’s not particularly a special case. I agree in principle, but his argument is lacking.


Sexual desire aims directly at the pleasure derived from physical contact

Alan H. Goldman

He states that ‘As other philosophers point out, pleasure is normally a byproduct of successfully doing things not aimed at pleasure directly, but this is not the case with sex. Sexual desire aims directly at the pleasure derived from physical contact. [The] desire for physical contact in other contexts, for example, contact sports, is not sexual because it has other motives (winning, exhibiting dominance, etc.), but sexual desire in itself has no other motive. It is not a desire to reproduce or to express love or other emotions, although sexual activity, like other activities, can express various emotions including love.’

Pleasure is normally a byproduct. 

Sure.

This is not the case with sex.

OK. Elaborate.

Sexual desire aims directly at … pleasure.

I'm still following.

Sexual desire in itself has no other motive, which is pleasure.

Damn. You lost me.

I might agree that pleasure (let’s ignore the fact that this is another weasel word) may be the motivation behind sexual desire, but we don’t really have means to determine motivation or intent, and we certainly can’t assess one attribute over another.

Power is everywhere because it comes from everywhere — Michel Foucault

Foucault may have argued that the motivation is power—perhaps each side is making their own power calculus. Given the state of current knowledge, this is not ascertainable. Prof Goldman may feel that pleasure is the motive; one may even argue that power yields pleasure. I’ll not traverse that rabbit hole.

Later, he asserts that ‘More controversial is whether any consensual sex between willing partners is wrong’. I won’t debate this position, but there is no good way to full assess consent.

I’ll outline a fairly stereotypical scenario—excuse me for opting for a heterosexual situation, but the pronouns are easier to track. Say a man and a woman have met in a social setting—perhaps they’ve been dating for some period—, and they ‘mutually’ decide to engage in sex. We’d call this exercising agency, two consenting adults.

But what of ulterior motives? Following the stereotype, perhaps he feels that he is conquering her, and she feels she is securing a stable mate; or perhaps they don’t feel this at all. What is the actual intent? Not to go full-on Freud, but are they playing out some latent urge? Is this just some deterministic eventuality. There’s really no way to tell. Any story I tell is as speculative as the next.

So, to end on a tangent, a significant problem underlying philosophy, psychology, and jurisprudence is the issue of intent. The term is bandied about on most cop shows and legal dramas, but it is another just another vapid notion that we accept as valid. Of course, if we dispense of the notion, our legal systems would just unravel.

Yet again we’ve reached a point where the only truth is rhetoric.

Is it a gift?

This is a continuation of my previous post—with a touch of TMI…

I was divorced some time ago, and I was ‘accused’ of giving gifts to another woman—a woman a met after I was served papers for the divorce. After her attorney asked if I had ever given any gifts to anyone, the judge scoffed when I asked for a definition of gift so that I could respond honestly. The judge actually rolled her eyes and made a comment that my approach was not going to work. So without an established definition, I replied, ‘No. I never gave any gifts to anyone.’ She was fine with the response. In fact, she already had made up here mind in the same manner when a person pleading the Fifth in the US is automatically seen as having something to hide and therefore guilty of something. It’s a fanciful notion that taking the Fifth somehow eliminates the concern in question, but the entire jurisprudence system is arbitrary and virtually capricious—despite supposedly being a deontological endeavour. In practice, the goal of organised Law is to elevate process over justice so as to at least give the appearance that it is fair and otherwise meaningful.

Lady Justice

So, is it possible to give a gift? Is it possible to know this? Is it possible to know the intent of anything?


Gift (n): a thing given willingly to someone without payment

https://en.oxforddictionaries.com/definition/gift

If gift is defined as a something given willingly and without payment, what is the scope of without payment, and what constitutes payment? Is altruism even possible? Is this possible to know? Again, can anyone know the intent of another? Can anyone truly know the intent of their own actions? Does the unconscious or past experience obviate intent?

In my case, I gave a woman some—what might colloquially be called—gifts. There were no strings explicitly attached? Does this mean there were no strings attached? I had a romantic interest in this woman. Clearly, this courting game involved gift-given in return for some expected payoff at some time in the future.

What if I had given one of these gifts to a stranger on the street—perhaps a homeless person? Would that now be a gift? What if I was in a foreign place with a nil probability of encountering this person ever again and nobody witnessed the transaction and I would never tell another soul about it? Would this be a gift?

I suppose if I had no notion of karma, whether the Eastern variety or the Western Heaven-oriented variety, and it gave me no hormonal benefits relative to dopamine, serotonin, and oxytocin, I’d buy it.

So, accuse me of being pedantic, and you’ve made my point. We only want to employ language until the point it complies with our notion of our sense of truth. But it’s nothing more than this.