Quarantine and Social Justice

Gregg Caruso is interested in the notion of Agency from the perspective of justice, desert, and sentencing. This is applied philosophy.

My main argument against the possibility of free will is Nietzsche-Strawson’s causa sui argument, which I’ve touched on a few times by now, but I haven’t yet fully articulated my position. I’ll get to that another day. I’d also like to create another video, as I would like to do for this as I explore in more detail.

Ostensibly, this is a compatibilist view that leaves a modicum of free will, even with causa sui in place. I hope this illustration will be helpful.

In the centre of the illustration is you, the self of some arbitrary person who shall act as our subject. Let’s assume a couple of basic premises:

  1. We either live in a relaxed causal, deterministic or indeterministic universe.
  2. Causa sui is in full force and effect: one cannot cause any aspect of one’s self.

I include the term relaxed in the first premise, so I don’t have to deal with a fully deterministic universe governed entirely by the notion captured by Schrödinger’s equation. The second premise is in place to serve as a limitation: even if consciousness is an emergent property, its emergence doesn’t grant some insuperable metaphysical powers. One cannot reach outside of one’s self.

The scenario plays out as follows. You have been apprehended for violating some statute. Let’s say that you’ve taken an item from a retail store. As you are leaving the store, the police stop you. When asked if you took the item, you answer in the affirmative. This is a very efficient municipality, so you are taken immediately to a magistrate to make a plea.

In this scenario, Caruso is your attorney at law. His argument is that, given causa sui, you cannot be responsible for who you are. We’ve been here before. Since you can’t be responsible for who you are, any sentence to punish you would be unethical, as you’ve done nothing to deserve it. This is the notion of desert in the realm of retributive justice.

The judge buys this argument, but s/he counters with three possible courses of action. You may not be responsible for who you are, but we are a community of laws. You are a victim of your circumstances, so we cannot look backwards. For whatever reason—and through no fault of your own, by definition—, you were broken relative to complying with community norms.

Social Justice

Firstly, we may wish to make an example of you, to signal the community that we will incarcerate people who break the laws. This is more a public service purpose than a punishment.

Secondly, if you had contracted a communicable disease—we’re looking at you Covid—, you can be quarantined under the consideration of the common good. Framed this way, it is not a punishment, we just don’t want it to happen again.

Lastly, we may also be justified on the grounds of rehabilitation. I highlight the ‘re‘ in rehabilitation because some people may not have been ‘habilitated’ in the first place. Perhaps think of them as feral. In any case, a computer programming analogy might make sense here.

So what’s this all about? Remember, causa sui says that you cannot be held responsible for creating yourself. The claim is that you are a product of your nature and nurture. Genetically speaking, perhaps there was some reason that you could not incorporate inputs into factors that allowed you to appropriately interpret this law—or any law, more generally. Or maybe, you were never exposed to this law or category of law before.

In the preventative vein, we could be signalling, ‘We caught You taking an item from a shop without paying. Now you know this, and we may make an example of you since you are caught as well’.

Quarantine may be a bit of a stretch in this scenario, so feel free to substitute a more serious offence if it helps you to remember this. Perhaps You killed someone. Even without punishment, we may want to get You off the streets before another killing is perpetrated. I’ll come back to this one.

Rehabilitation makes sense even if one is not responsible for one’s self. Presuming that you are a product of programming—family, culture, peers, and so on—, perhaps you just need to be rewired. Perhaps a particular subroutine was not implemented or activated correctly. This rationality could be used as a non-punitive justification.

Counterarguments

The public prevention case may be why offenders were pilloried in by-gone days. Display in a public square may inform some who may have missed the lesson the first time around, hence dissuading taking similar actions. But unless this ‘public service message’ reached enough people, it would probably not be the best rationale.

Quarantine may sound OK on the surface, but it’s actually rather specious. Firstly, that You knicked a trinket. What exactly is the risk of contagion? Petty theft is not known to be particularly communicable. Secondly, just because you’ve done something once is little measure of whether you’ll do it again. In fact, if this were true, then one might have assumed that you could never have committed the offence because of your history.

Rehabilitation may likely be the best option among these. If you missed that particular lesson or had forgotten or diminished the calculus, remediation may do just the trick. However, if your ‘operating system’ is not up to snuff, it’s not a matter of inputs. It’s a matter of processing capability.

Psychological intervention is in its infancy, so the probability of remediating this is low, if not a crap shoot. And not all such processes can be remediated. This could lead one to fall back on the quarantine option, but who is the competent assessor in this case?

It’s easy enough to assess if You is Hannibal Lecter or tells you straight out that s/he intends to repeat the offence. Some cognitive deficiencies are simple enough to recognise. But what about the grey areas—all of that space in between?

And who is making sure that the judges are not being punitive simply because they haven’t yet eaten lunch?

Enfin

Bringing this to a close, if we have no free will, it makes no sense to punish. Sadly, most justice systems promote retributive justice and punishment in sentencing. I’ll spare you my diatribe on how I believe most people attracted to jurisprudence, law, and law enforcement have been conditioned. And whilst Caruso feels justified in foreword action, I am more sceptical. This said, I’ll take what I can get.

This post is pretty much a stream of consciousness. I hope to give it better treatment in a future video.

Moral Responsibility

Can we be held morally responsible for our actions? Yes, says Daniel Dennett. No, says Gregg Caruso. Reader, you decide

Aeon Article, 4 October 2018

Caruso: [Dan,] you have famously argued that freedom evolves and that humans, alone among the animals, have evolved minds that give us free will and moral responsibility. I, on the other hand, have argued that what we do and the way we are is ultimately the result of factors beyond our control, and that because of this we are never morally responsible for our actions, in a particular but pervasive sense – the sense that would make us truly deserving of blame and praise, punishment and reward. While these two views appear to be at odds with each other, one of the things I would like to explore in this conversation is how far apart we actually are. I suspect that we may have more in common than some think – but I could be wrong. To begin, can you explain what you mean by ‘free will’ and why you think humans alone have it?

Gregg Caruso

Dennett: A key word in understanding our differences is ‘control’. [Gregg,] you say ‘the way we are is ultimately the result of factors beyond our control’ and that is true of only those unfortunates who have not been able to become autonomous agents during their childhood upbringing. There really are people, with mental disabilities, who are not able to control themselves, but normal people can manage under all but the most extreme circumstances, and this difference is both morally important and obvious, once you divorce the idea of control from the idea of causation. Your past does not control you; for it to control you, it would have to be able to monitor feedback about your behaviour and adjust its interventions – which is nonsense.

In fact, if your past is roughly normal, it contains the causal chains that turned you into an autonomous, self-controlling agent. Lucky you. You weren’t responsible for becoming an autonomous agent, but since you are one, it is entirely appropriate for the rest of us to hold you responsible for your deeds under all but the most dire circumstances. 

Daniel Dennett

if your past is roughly normal, it contains the causal chains that turned you into an autonomous, self-controlling agent

Dan Dennett

So commences this debate. The argument unfolds largely on semantic grounds. Even here, one can see the debate over the distinction between control and causation. I understand what Dennett is attempting to parse here, but I object on the grounds of causa sui.

I recommend reading the Aeon article as there is much more than this distinction, but it does remain a semantic issue. I started a post on backwards- and forward-looking perspectives, that better articulate Caruso’s perspective, but I am also working on other things. This was quicker to post and I wanted to keep a bookmark anyway, so it’s a win-win.

Your Morals

I was commenting elsewhere on morals and was directed to Jonathan Haidt and his work. Notably, the questionnaire at YourMorals.org, where you can get your own assessment and contribute data points to the body of work.

Full disclosure: I am not a fan of this type of survey, as I’ve mentioned previously. Still, I made an attempt. Better still, I’ve copied the questions to critique. There are 36 all tolled. Perhaps, I’ll respond to a dozen at a time. The next dozen responses are here. Generally speaking, they present each question and provide a Likert scale as follows:

  1. Does not describe me at all
  2. Slightly describes me
  3. Moderately describes me
  4. Describes me fairly well
  5. Describes me extremely well

Standard fare. It starts off bad:

1. Caring for people who have suffered is an important virtue.

Why include an abstract concept like virtue? I don’t ascribe to the notion of virtue, so it’s an empty set. Given that, my response would be a 1. If I ignore the offensive nomenclature and assume it translates idiomatically into ‘beneficial for some target society’, then I still have to question what is meant by suffering, and how far does caring extend. Is it enough to feel bad about the homeless person, or does one have to care enough to provide sustenance and shelter? Talk is cheap.

2. The effort a worker puts into a job ought to be reflected in the size of a raise they receive.

This is fraught with all sorts of problems. In fact, it’s a reason why I consider myself to be a Postmodern. The inherent metanarrative is that societies are effectively money-based. I don’t happen to believe that, so I am again faced with responding to an empty set. Even if I attempt to abstract the ‘raise’ aspect to mean that effort represents input and output is a direct and (perhaps) proportional function, I am still left to wrestle with how this effort is measured and what could have been achieved had the others not been present.

Using a sports analogy—always a dangerous domain for me to play in—, what if LeBron James was to play an opposing team by himself? He needs the other team members. Of course, his teammates are compensated, too. But in his case, his salary is not only based on his athletic talent but on his celebrity power—rent in economic parlance. Perhaps LeBron makes a lot of baskets, but without the assists, he’d have fewer. And because he is the go-to guy, some other teammates might be sacrificing baskets as part of their winning strategy.

Finally, how do you measure the effort of an accountant, a janitor, and an executive? The question is fundamentally bollox.

3. I think people who are more hard-working should end up with more money.

On a related note, I can abbreviate my commentary here. Again, what is harder? Are we asking if construction workers should earn more than CEOs? More bollox.

4. Everyone should feel proud when a person in their community wins in an international competition.

Yet, again, an empty set and a sort of mixed metaphor. I don’t agree with the notion of identity and even less at scale—states, countries, and nationalities. Putting that aside, why should I derive pride (that cometh before the fall) because someone succeeds at some event anywhere? It’s facile. If the question was focused on whether I would be happy for that person, the answer might shift up the scale, but where would I have derived pride for that person’s achievements?

5. I think it is important for societies to cherish their traditional values.

First off, why? What values? Not to beat a dead horse, but what if my tradition is slavery? Should I cherish that? This is really asking should I cherish the traditions of my society. Clearly, it’s not asking if other societies should enjoy the privilege of cherishing theirs? From the standard Western vantage, many want to cherish their own, but not Eastern values of eating dogs or Middle Eastern values of burqaed women and turbans. Is this asking should the world subscribe to my society’s values? I’m not sure.

6. I feel that most traditions serve a valuable function in keeping society orderly

Speaking of tradition… We are not only dealing with the vague notion of tradition, we are discussing another vague concept, order, and elevating order over (presumably) disorder. Order connotes a status quo. And why is the superlative most present? Has someone inventoried traditions? I believe I am supposed to translate this as ‘I feel that the traditions I am familiar with and agree with help to create a society that I am content with’. Again, this betrays the privileged perspective of the observers. Perhaps those disenfranchised would prefer traditions like Capitalism and private property to be relics of the past–or traditions of two-party rule, partisan high court judges, or money-influenced politics, or politicians serving themselves and their donors over the people or Christmas.

7. We all need to learn from our elders

Learn what exactly from our elders? Which elders? The bloke down the block? That elderly Christian woman at the grocery mart? The cat who fought in some illegal and immoral war? The dude who hordes houses, cars, and cash at the expense of the rest of society? Or the guy who tried to blow up Parliament. I believe this is asking should we learn how to remain in place as taught by the privileged wishing to maintain their places.

8. Everyone should try to comfort people who are going through something hard

Define hard, and define comfort? This harkens back to the first question. Enough said. As far as lying is concerned, we should by now all be familiar with the adage trying is lying. Or as Yoda would restate it, do or do not, there is no try.

9. I think the human body should be treated like a temple, housing something sacred within

Obviously, this one is total rubbish. Here, I don’t have a structure that makes it difficult to answer. I may have sprained my eye rolling it, though. This said, what is a temple treated like?

10. I get upset when some people have a lot more money than others in my country

This one is interesting. Whilst I don’t believe that countries or money should exist. In practice, they do. So on its face, I can say that I get upset when we are thrown into a bordered region and told we need to exchange paper, metal, plastic, and bits for goods and services–that some people have more and others have less primarily through chance.

11. I feel good when I see cheaters get caught and punished

Which cheaters? Cheating requires perspective and a cultural code. It can privilege the individualist over the communalist. This reminds me of the cultures that are more interested in ensuring that all of their members finish a contest than having any one win.

Academically, it is considered to be cheating to work together on an exam because the individual is being tested. Of course, the exam is on certain content rather than on the contribution of the human being.

Again, the question feels targeted at cheaters getting caught circumventing something we value. If someone cheats becoming assimilated into some military-industrial society, I will encourage and support them. If they get caught and punished, my ire would more likely be directed toward the power structure that created the need to cheat.

12. When people work together toward a common goal, they should share the rewards equally, even if some worked harder on it

I’ll end this segment here on another question of meritocracy. I think it’s fair to judge the authors as defenders of meritocracy, though I could be wrong. This feels very similar to some other questions already addressed. The extension here is about sharing the rewards, whatever that means. Are we baking a cake? Did we build a house for a new couple? Did we plant trees in a public park? Did we clean up litter on a parkway? Did we volunteer to feed the homeless? And what was the work? Again, how are we measuring disparate work? Did the chicken farmer work harder than the cow farmer? Did the carpenter work harder than the organiser?

If the remainder of these questions is different enough, I’ll comment on them as well. Meantime, at least know you know more why I have little faith in the field of morals. This does nothing to change my opinion that morals are nothing more than emotional reactions and subsequent prescriptions. I don’t mean to diminish emotions, and perhaps that might be a good central pillar to a vibrant society. I’ll need more convincing.