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UH / Philosophy / Phi 1305 / What is meant by Retributivism of Jean Hampton?

What is meant by Retributivism of Jean Hampton?

What is meant by Retributivism of Jean Hampton?


School: University of Houston
Department: Philosophy
Course: Introduction to Ethics
Professor: Justin coates
Term: Fall 2016
Tags: ethics and philosophy
Cost: 25
Name: Introduction to Ethics up to Exam 1
Description: The notes here I took based on my learning habit. I'm very visual so they will be on a web, not the usual outline. It helped me out a little better when it came down to the exam. The notes cover everything on Exam 1.
Uploaded: 12/06/2016
10 Pages 161 Views 1 Unlocks

How are WE imprisoned?

What causes us to have the worthless skill of only knowing appearances?


Almost everything we know about the world is The cave 1.The prisoners are able to see shadows & projections of images 2. They have varying degrees of skill @ determining what the shadows appear to be 3. This skill seem worthless once you've been exposed to the sun You feel worthless once you are unchained and eIf you want to learn more check out autoionization of acetic acid
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xposed to what REALLY is. Allegory: a story where stuff means something else, a story with a moral, an actual meaning Socrates and Glaucoma are discussing about the human condition Socrates BIG POINT in this section is that without a certain kind of moral education, we are ignorant of the good WHY DOES SOCRATES THINK WE HAVE A PROPENSITY FOR EVIL? Suggests that for Socrates, our propensity for wrongdoing is due to our untutored ignorance of whats really good Republic Book VII Wrote about the nature of reality, knowledge, goodness, beauty and justice dialogues, socrates, elenchus When the desire can be conditionally good at time of c Goodness of eating a pizza after a run, satisfying the desire. In some circumstances sex could be conditionally good in others "maybe we shouldn't be doing that" it depends on the situation. According to Socrates, we are imprisoned by our own non-rational desires and fears (our appetite The desire for food, sex, drink, love, material wealth, power, success, prestige. Its because we are competitive creatures that blinds us from what is really good. Desire is not responsive to your rational responses, Desire says "This is crap, i'm hungry" These desires mistakenly present their objects as being good. -But the goodness of these thins is merely conditionally If we're like the prisoners then what keeps us chained....... What causes us to have the worthless skill of only knowing appearances? What keeps us form seeing whats really good ...... APPETITE, FEAR, DESIRE through testimony. We are often pretty sure that we know whats really good and whats really valuable (as opposed to what merely...) How are WE imprisoned? Our sources of information, they are limited, they could be bias, not able to to pick on quickly. People lack the skills that are necessary for thinking. Religion, parents, factors as such that keep us from becoming and saying or LEARNING what we want to learn about. Are we more like -The prisoners? Yes because at times we are ignorant and lazy. -The enlightened individual who has been exposed to the light of the sun -A combination? BUT HOW DOES SOCRATES ARGUE FOR THESE CLAIMS? The allegory of the cave Plato, Republic VIIThe Republic Plato's theory of justice int he individual and in the polis (city) Structures around the question: why should we be just if injustices more profitable. Plato thinks only the just individual can truly be happy "I would feel quilty ( self punishment) because by feeling guilty its like you are punishing yourself" Another way to see it is, "Well its only $20 oppose to $100" The golden rule (treat other people like the way you like to be treated) Why is tradition important? -Tradition serves a function, it molds us. It determines and pushes us to be a certain type of person -Participating in these "routines, traditions" it keeps us in the loop with our routine Family in the the central idea of a good life Difference between a ritual and a tradition: Rituals are done with a sign of respect, there's also a purifying element to it too How important education is Mencius emphasizes 5 traditional Confucian doctrines -Happiness in day-to-day life -Importance of tradition -Familial relations as central to the good life -IImportance of Ritual -Importance of education What is Confucianism? Background #1Confucius thinker Child and the well case (2A6) Spontaneous reactions is the natural reactions that we experience when something happens -Its not always that we do good things, its just that we have these spontaneous and natural reactions that are good. -Worry about how easily we can be bad. -Reactions of pity, distress, spontenouty make us human. Its human nature -Mencius What does Mencius think this tells us about human nature? -Our natures post us to "rightness" -Mencius was concerned with human nature -What are our natures like? -He thinks that we don't need to do violence to our natures to become good You don't have to change everything but it means that to become a good person are not changes that alter. Compared to plato -To become a good person on plates views you need have some kind of violence. Mencius thinks otherwise, he believed you don't need violence Spontaneous Goodness -With so much bad stuff int he world how can we think that there is good in the world. What does Mencius say? - Natures -To understand how human can be naturally good & yet capable of evil, we must win about natures more generally -Its natural for humans to do good, but also possible to end up as terrible individuals, we sometimes fails to do so. -Mencius says that theres a propensity in our nature to become good but we still do bad Mencius -All of us have these natural abilities to respond to suffering with pity which is a natural response. Also we have in our nature that there are certain action and ways that we act that are shameful For humans to be good, then, the minds of pity, and consideration, shame, and dislike, respectfulness and reverence and knowledge of right and wrong must be cultivated. -If you're in a good environment, following your traditions, routines, then you will grow these capacities that Mencius talks about that will make us goods. Human Nature Mencius (Book 6A)Background #2 2 Kinds of morals Traditional/conservative moral theory -Moral theories can either be conservative or radical Plato's moral theory requires that we reject our ordinary conception or morality, so its radical Traditional moral theory (confucianism) require that we formalize our ordinary conception or morality so that we are conservative. How do you decide what counts as a good life? Start with how your desires and decisions are good, right. We think about how we should live our life, we rely in experience. Good life and a happy life - Ex. Christianity: Radical because its not the usual things. But it all depends in our experiences, in the 20th century it seemed normal and conservative for them, but today it is pretty radical Sprouts of Rightness Mencius thinks human natures is good because it supplies us with the "sprouts of rightness" that, when cultivated, allow us to become good people Doris & Murphy think they are not responsible for the crimes committed NOTE they do not think they are good or bad they just believe the soldiers are not responsible for their action due to the conditions they went through If they are right how should we respond to war crimes. What might be wrong for Doris & Murphy's argument? Combat situations are stressful Exculpation for War Crimes All of these seems to mitigate responsibility Soldiers are constantly under duress, no time Often making decisions in a split sec. Often sleep deprived Running on adrenaline & fear Combat Atrocity Ordinarily we think of ourselves as free and responsible agents Its fair to blame us when we act badly But in some situations seem to undermine Its good to praise us when we act well EXAMPLE: My Lai Massacre But what about cases of atrocity? -If anyone deserves to be blamed for their actions its people hat do really awful stuff The view that our behavior is largely explained by features of the situations we find ourselves in. Walking alone and you trip on the sidewalk what di you think of them, (clumsy) what do you If what you do us explained by features if the situation -The situation of outside of our control Then it seems you are not (or less) responsible for what you do. Responsibility & Situation John Doris & Dominic Murphy, "...the moral Psychology of atrocity"Sitatuationism think of yourself? (stupid houston sidewalk) -With ourselves we appeal to environmental features -With other you blame that they're clumsy Milgram -Stanford Prison Experiment -good samaritan study -Isaeli judge study If a person is not in control of their actions then they are not morally responsible Someone sitting besides you steps on your foot (on purpose) Someone sitting besides you steps on your foot BUT this person is having a seizure (NOT ON PURPOSE) Someone sitting besides you stomps on your foot and has a seizure BUT behind that is a scientist that controls their brain. EXAMPLE What i so is a result of factors outside of my control then it seems that perhaps i am not morally responsible -seizure -neurological Responsibility & Control But a puzzle emerges if we think that agents must be bale to appreciate the reasons for and against their action of they are going to be morally responsible Its not clear that some of the worst among us are really sensitive to reasons in this way Reasons-responsiveness -You know what you're doing -It's what you mean to do -you are able to appreciate the reasons both for an against action (reasons-responsiveness In response to cases like Assassin 3, you might think the control principle is false But you might also think it is related to a similar principle What is a agential competence? It seems that you're a competent agent if Competence Doubting the control principlethe idea that your behavior or actions are far away rom your control Dana K. Nelkin "Psychopaths, Incorrigible Racist, and.."If reasons-responsiveness isn't required for moral responsibility,then how should we understand its conditions Responsibility & luck Rick Nick and Dick are all bad guys for trying to kill someone BUT are they blame worthy? Question 1: How can they be blameworthy for diff. things if the difference in their actions is just a matter of luck? Question 2: if you think Dick is responsible, do you have to give up the control principle? If an agent expresses objectionable meal attitudes in his/her actions, then he.she is deserving of moral response (like blame or punishment) He os she is thus morally responsible Quality of Will Douglass claims that everyone already knew that slavery should have ended Back at that time there were millions of people that would not support this Are there any moral issues that, as a society, we are currently ignoring, even though , they should be obvious to us? EX When we buy clothes, do we think that the people who made it were not slaves. 1. Slaves are human 8. Self-deception and moral ignorance 6. Douglas's condemning people, shaming them. 1. Born in slavery in MD Escaped in the north in 1838 He went on to great success as an orator and writer Most know for his work as an abolitionist 2.Humans are entitled to liberty 3.Those currently enslaved should be free 5. Humanity of slaves 4. Argument Concerning the 1st premise, Douglass notes that it is already conceded by slave-owners Douglass insists that he will protest the injustice of continued slavery with "the severest language he can command Also argues those who say that he'll be more persuasive if he sweetens his argument 3. Nature of his protest FREDERICK DOUGLASS7. The aim to protest Slaves are punished and fined Important because it allows him to sanction the US for its willingness to free those enslaved Other reasons to protest: shine light on an issue, to convince people to change their minds, invest people to change their behavior Purpose is to read through people, approach them, condemn 2. Instead of rejoicing on the 4th of July, Douglass says that he must mourn . Speech took place on 4 of July. He mourn because millions of people were still enslaved The continued fact of slavery is at odds with the principles endorsed in the Declaration of Independence "all man are created equal" Even isyoucondemnthosewhoare committingthe injusticeandsitsilently....you wouldbereasonable inthinking"i don'twant togetmyhandsdirty, lets letotherpeopletake careofthat. -Theres a reasontoprotesteven ifyouthink nothing isgoingtochange, yeswewant somethingtochangebuteven ifyouknow nothinggoodwill comethere isalwayssome kindof injusticethatwill comefromthis. If protest is morally important as Douglass, Dubois, and Boxill all argue, then we must determine how to protest. -What forms of protest are best? -"Best" is ambiguous ValueofProtest TheNatureofProtest BernardBoxhill "SelfRespect& Protest"Injustice&Harm Self-respectandprotest -Doesn'tmeanthatWashingtonthough thatpost-Civil WasUSwas.. -However he did argue that thevictimsof oppressionareharmed lessthanthe victimizers -Thevictimscannotbeharmedbythe oppressors, andthevictimizersmake themselves intobadpeople -This isconnectedtocomestoic ideasthat we'll discuss inafewweeks. (all connected tosocratesandplato) Dubois, ontheotherhandthoughtthat ifones beingpressed, it is importanttoprotestthat oppression -Believes its importantforustostandupfor ourselvesandsaysomething, protest! -But if we're being ignored its hard toseehow muchwevaluesourselves Protestcanservea#offunctions -Compel acknowledgmentsofone's personhoodandrights -itcanannouncethatonestands insolidarity withotherswhoarebeingpressed -Itcansecureself-respect --- King begins by defending his presence in Birmingham "Injustice is anywhere is a threat to justice everywhere" "We are caught in an inescapable network of mutuality" An "outside Agitator" 1.Collection of facts In cases of protest, King thinks that it's important that the protestors have the facts on their side This is clear nm the case of the protests that anded king in prison. Why is the collection of the facts important? -To strategize King then criticizes row clergymen for being more concerned with demonstrations than the conditions that brought about demonstrations Its easy to be patient when your livelihood in not on your way. 1. A just law squares with the moral law, or the law of God/ an unjust law is out of harmony with the moral law. 2. Just laws uplift human personality/ unjust laws degrade Hypocrisy 2. Negotiation King argues that protest is justified if there has been a good-faith effort to negotiate with this powers. King actually thinks that this is the main point of protest. He's looking for the ability to renegotiate so everything could be more fair. 3. Self-purification For king, only non-violent protest work This required the participants knew what they were getting into. Are you able to endure the ordeal of going to King concludes have hurt the cause of racial justice "Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people ill will" -Segregation laws don't take human life seriously 3. Just laws are created by procedurally just means/ unjust laws are created by procedural unjust means 4.JUsr laws have fair applications/unjust laws have unfair applications Kings Criticism of White Moderates Just & unjust laws MLK "Letter from a Birmingham Jail"A defense protest King argues that protest is morally defensible jail? Direct Action After these 3 steps had been satisfied, protest was defensible Forms of direct action; sit-ins, marches, demonstrations, boycotts, etc. Direct action seeks to create such tensions in a community leaders are forced to acknowledge the injustice and negotiate a more just situation. Patience Sometimes patience is a virtue others times, however, it can be vice. Calls for patience serve to reinforce the status quo. "For years now i have heard the word White moderates (like the authors of "a call for unity") called kings extreme tactics extreme Kings reply "the question is not whether we will be extremist, but what kind of extremists we will be... Will we be extremists for the preservation of injustice, or will we be extremists for the cause of injustice? Kings Extremism "wait".... this "wait" has almost always meant "never" Civil disobedience "A call for unity" also expressed outrage at Kings willingness to disobey the law. How can King justify breaking the law for this aims while also criticizing segregationists for breaking the law for their aims. Kings answer: the laws he broke were unjust, but the laws that the segregations broke were just Just & unjust laws How do we distinguish between just and unjust laws? Retributive punishment is important for two reasons --Punishment as defeat fro wrong-doing: When someone engages in criminal activity, already there is a thinking. -Their actions declare that they are more valuable than the vicim. Making them feel less Problems for ME/Rehab Can't justify harsh treatment or suffering` Atoll criminal punishment typically make it harder rather than easier for criminals to reenter society --Punishment as vindicating value -If we're not willing to protect something then we don't value it -How we respond to wrongdoing reveals our values -If we ignore it then it seems we too improperly value the victims of criminal wrongdoing -Inflicting punishment on a criminal demonstrates that society values the victim properly. --P Hampton's Defense of Retributivism How does this compare to the defense of protest that DuBois and Boxill offer Jean Hampton, "The Retribute Idea"Retributivism Punishment is justified because the criminal deserves it. Simply in the c=virtue of the face that the criminal committed the crime, its good to punish them. PROBLEMS FOR RETRIBUTIVISM Mysterious - why does wrongdoing allow is to intentionally cause suffering, even if the suffering doesn't prevent any harm. Seems like its connected to base instictic not moral truth. Self-respect seems like a way of valuing oneself. -standing in solidarity wth those suffering injustice seems like a way of valuing them Protest and Punishment Probably includes guilt Includes a repudiation of one's motives Public apology -What makes for a good apology? Sincere -Why are some public apologies so bad? The process of Atonement Linda Radzik "Making Amends"Atonement as Self-punishment On another theory of self-punishment, we atone for our wrongdoing by causing ourselves to suffer We must be penitent This might take the form of serious guilt, but there are other ways to make ourselves suffer Radzik notes that nothing we do can actually change the past But the past can be "Righted" in the way a ship that's tossing can be righted Think here of Dimmesdale from the Scarlet Letter What does Atonement look like at a social level, In a large group? Is collective apology/ reparations possible? Political Implications Atonement as Reconciliation -This means its possible to restore the social balance that was upset by an act of wrong doing. Reconciliation is the goal of atonement because it is only possible of a wrongdoer has publicly repudiated the hurtful attitudes expressed in acts of wrongdoing. Broader social implications interpersonal implications both subjects can be to blame blame the guy pushing the switch backgroundthe Holocaust, most of the executions were done by ordinary Germans which because he always had the choice to do it or not, he was never force to continue. Which is why HE (the participant) was responsible. Milgram's Experiment"He" (the participant) physically did it but actually

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