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  • Locked thread
hakimashou
Jul 15, 2002
Upset Trowel

BRJohnson posted:

I think it's funny you're trying to build your justification of execution off of the writings of philosophers, and you're totally ok using the idea of what people deserve.

Nobody 'deserves' anything except when we apply subjective and/or arbitrary ideas to the situation. There is no way to epistemology your way into execution being some sort of justified universal good. This will always just come down to a matter of opinion about what the best way for the law to operate is for everybody (let's call this justice), and I say that if even one person has been put to death wrongly by the state than executions cannot be just. Your argument about a perfect world where the courts are flawless is pointless because it is not the case.

That's a bizarre way of looking at the world and I don't agree with it one bit.

I think it would be wrong to reward people who do bad things instead of punish them, because they deserve to be punished not rewarded.

Also if no one deserves anything, how can people have rights? Does no one deserve to live? To be free? To be treated like an equal or with respect?

Can people only deserve good things but never bad ones? Why?

hakimashou fucked around with this message at 03:28 on Mar 6, 2017

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hakimashou
Jul 15, 2002
Upset Trowel

WillyTheNewGuy posted:

This isn't true through. Sometimes a person chooses to murder, never gets caught, then dies of complications from getting too old. The choice to murder cannot also be the choice to be executed unless their correlation is 100%.

Whoosh!

hakimashou
Jul 15, 2002
Upset Trowel

bitterandtwisted posted:

You said:


ie the justification for the death penalty being proportionate is that both the victim and killer have the same experience
This is not changed by guilt.
This is not changed by culpability

There "justification" for proportionate punishment is that it isn't arbitrary. I'm not sure what you're getting at but the death penalty is proportionate for murder because both victim and perpetrator end up identically unable to experience anything ever again.

You seem to be confusing what makes someone deserving of punishment with what makes a particular punishment proportionate to a particular crime.

A person deserves to be punished if he is guilty and fully culpable and responsible for some wrongdoing, as above.

Many people think that one of the criteria for a punishment being just is that it is proportionate, and the death penalty is a proportionate punishment for murder.

hakimashou
Jul 15, 2002
Upset Trowel

Ytlaya posted:

This isn't solely related to this topic, but I want to point out that "treat others as you would want to be treated" is actually not a good idea and can lead to a lot of bad things. People are different, and some people are hurt by things that other people enjoy (for example racists find racist jokes funny while the minority in question finds them hurtful).

While it's true that it can apply to most situations, it is a bad idea to use it as some hard guideline for what is acceptable and what isn't.

edit: A better rule would be "treat other people as they have informed you they'd like to be treated, and if you're uncertain ask them."


All murder is not equal. Context/intent matters as well, and punishments should vary based on this. Someone who was under the influence of alcohol or some other drug killing someone during a heated argument is guilty of a lesser crime than someone who carefully premeditated someone else's murder and exhibited no remorse afterwards.


You can use this argument to justify literally any punishment, no matter how severe or absurd. For example, if the punishment for theft were to cut off a person's hands, you could argue "well, they shouldn't have committed theft if they didn't want their hands cut off!"

This isn't to say that you can't have some other justification for the death penalty, but this specific argument is not a good one.


I have an app on my phone where I record every time a person has lied to me, so that I can be reminded to lie to them as well in the future.

1. Yeah its easy to think about a little bit and arrive at ideas like "I want to be treated with respect so I will treat others with respect."

2. If you see above, different levels of culpability have already been covered. Twice now a list has been posted of crimes where most people would agree the perpetrator has the highest level of culpability and responsibility. Maybe we just stick to those ones for the death penalty?

3. Looking above again, you'll find you're in luck, It isn't the justification for anything, its helpful advice!

hakimashou
Jul 15, 2002
Upset Trowel

BRJohnson posted:

I said the concept of deserve is silly because the universe doesn't work that way. It doesn't matter if it's deserving something 'good' or 'bad', it's a construction. I think the death penalty (state executions) are unnecessary and unjust (and the reasoning for that line of thought has been well documented in this thread), so it has no place in the world we have a part in cultivating.

That's not even what you're arguing against, though, is it? You're arguing that it is morally correct and good to kill people sometimes, not to prevent another imminent death but as retribution for what they did or in fulfillment of some contract you've drafted and declared the pinnacle in morality (which you acknowledge isn't even applicable in our world). What a thoroughly egotistical and fruitless place you've arrived at.

It's pretty clear to me that we disagree on a fundamental level here, I wouldn't expect to change your mind. I just took issue with you adorning your opinions with philosophical dressing, when it's clear you're selectively picking things to arrive somewhere you're already quite stuck at.

I don't know that presenting Kantian ideas is philosophical dressing... it's Emmanuel Kant. It is what it is, it's not something I made up myself.

I'm arguing that it's not morally wrong for people who are guilty of murder to be executed. I think Kant's ideas are compelling.

Anyway a lot of people disagree with Kant, it isn't the end of the world.

hakimashou
Jul 15, 2002
Upset Trowel

Motto posted:

Have any countries that abolished the death penality suffered significantly for it?

The people rotting in prison who would have otherwise been executed are suffering for it I suppose.

hakimashou
Jul 15, 2002
Upset Trowel

bitterandtwisted posted:

Specifically, you're acting as though your moral opinions are objectively correct. That's a lot more horrifying to anyone who doesn't hold them.

For example, I'm guessing you disapprove of executing people for being gay or apostasy or whatever, even though those in favour of it are completely convinced their moral views are the objectively correct one?

Why not leave out the moral aspect from the justice system?

Justice is a word about morality.

In a purely utilitarian 'justice system' you could have situations where wrongdoers are secretly rewarded for their crimes instead of being punished.This goes against many people's moral intuitions.

hakimashou fucked around with this message at 13:17 on Mar 6, 2017

hakimashou
Jul 15, 2002
Upset Trowel

Apologies for the long post but it's kind of a complex thought experiment, I've tried to keep it as brief as possible, please bear that in mind if I've omitted anything.

If the only aims of punishment are utilitarian- to deter crime and keep the public safe from dangerous people, then the aims can be fulfilled without actually punishing wrongdoers.

lets say some hypothetical future utilitarians, in a time when technology has largely alleviated the conditions of resource scarcity we face today, as well as the difficulty in proving criminal accusations, impose a draconian punishment for sexual assault. Anyone proved guilty is carted off to Horror Island and tortured for many years, then executed. No one convicted of rape is ever seen again. Terror of this cruel fate deters people from committing the crime. And no one ever reoffends.

It is not necessary for the deterrent effect that the guilty are actually tortured and executed, as long as people believe it has happened. Horror Island could in fact be a paradise where the criminals live out the rest of their lives in sumptuous luxury with their every need and hedonistic desire fulfilled- as long as it is kept secret.

To committed utilitarians, this would be a better outcome than any form of punishment being levied against the guilty, since it would make life better for a greater number of people than would actually punishing them. To wit, the criminals themselves.

The only utilitarian objections to this are about the resources required, but since it is a hypothetical meant to illustrate a point not connected to resources, any necessary modification can be made to meet them. Any objection based on the pragmatism of these secret rewards is irrelevant, because whether or not it is possible is no objection to whether or not it would be just, if it were.

Some people, truly committed utilitarians, bite the bullet and admit that if possible, secret rewards would be better than punishments for some crimes.

Some people refuse to take a position and try to mire the issue in irrelevencies.

Others have moral intuitions or beliefs about justice that dispose them to believe it would be wrong.

It's not a thought experiment meant to discredit utilitarianism or prop up moral theories, just to explore your own beliefs and moral intuitions. If you think secret rewards would be wrong, not just impractical, its worth pondering "why?"

I think most people believe that a justice system should have some mix of both utilitarian and moral considerations, even if they can't describe exactly what a perfect mix would be. I know I do.

hakimashou fucked around with this message at 13:59 on Mar 6, 2017

hakimashou
Jul 15, 2002
Upset Trowel

Ytlaya posted:

Actually, the only problem I see with your proposed fake-torture island is the fact that information about it being fake would inevitably be leaked somehow. If there were some way to 100% avoid the information being leaked, I don't really care how good the quality of life for such criminals is, as long as they're kept separate from the rest of the population so they can't re-offend.

Yeah it's an if-then thing. Nothing wrong with being a strict utilitarian, many people are.

hakimashou
Jul 15, 2002
Upset Trowel
There's one line of thought that says life imprisonment is disproportionately cruel for murder. The murderer didnt imprison the victim for decades, he just killed him, so it would be unjust to imprison him for such a long period instead of imposing the death penalty.

hakimashou
Jul 15, 2002
Upset Trowel

N. Senada posted:

It's cruel if the jail is some hellish cesspit.

But if we were able to reform our prisons into detention facilities filled with opportunities to educate yourself, contribute to society, etc. it actually wouldn't be all bad!

I understand that this is unlikely.

It's still basically slavery, particularly if it is for life.

Kant thought that if there were two condemned men and one accepted his death while the other plead for life imprisonment, the former was an honorable man and the latter wretched, since he was willing to accept a life of enslavement.

hakimashou
Jul 15, 2002
Upset Trowel
It seems difficult to me to get from "people deserve to be punished or rewarded based on whether what they do is right or wrong" to "no one deserves to die".

If the justification is "they should be kept alive to suffer and think about what they did wrong, not killed" then the implication seems to be that death is too lenient.

If there are punishments more severe and less severe than death, why should there be a gap in the punishment spectrum where 'death' sits?

hakimashou
Jul 15, 2002
Upset Trowel

Ytlaya posted:

Nah, the logic is pretty straight-forward. Would you agree that no one deserves to be repeatedly raped and tortured for 20 years straight (or insert whatever disgusting inhumane thing you can think of)?

Basically the logic is that there exists a limit that punishments shouldn't cross, and that the death penalty is beyond that limit. You can disagree about where the limit should be, but most people would agree that limit exists so the logic itself is fine.

It might be possible for someone to do something so wrong that it is justifiable, I don't know.

Anyway, compared to that, the death penalty would be a mercy.

Why does no one deserve to die?

hakimashou
Jul 15, 2002
Upset Trowel

Peachfart posted:

The fact that your life is privileged enough that 5 days in minimum security scarred you doesn't mean that the death penalty is good. :wtf:

I'm not sure she said it was "good," just better than permanent dehumanizing slavery in prison.

hakimashou
Jul 15, 2002
Upset Trowel

BRJohnson posted:

I hope that you create a philosophy thread so that I can read and learn from it, as I have much to learn. Yet I still think your use of the word 'deserve' is ridiculous, as the decision of who 'deserves' what is completely subjective. The moral and ethical arguments of philosophers can stimulate our thought, yes, but the world is what we make it; if we can see that we have no human institution that can accurately dispense 'justice', than the sentence of death is too high to ever be allowed. What could possibly be the gain of ending a life*, when put beside preserving it? Cold reason and economics cannot even take us to that conclusion.

*except in the case of preserving another life



Say that in the future we invent some perfect lie defector and mind reader, some form of advanced brain analyzer.

John's wife Jane has a lot of money, and carries a large life insurance policy. Enough for John to be rich and set for life if he gets it all. He murders her and gets all the money, but the police soon figure out he did it, and he is apprehended.

The police question him and turn on the brain analyzer. He admits to killing his wife, and explains he did it for the money. The police ask him if he would ever kill anyone else, and he tells them he would not. He has all the money he could ever want, and getting rich was his main ambition in life. The brain analyzer confirms he is telling the truth, and that there is almost no chance he would ever kill anyone again.

Does he deserve to be punished, or should the police just let him go with his ill-gotten gains and subject him to periodic brain analysis in the future to make sure he hasn't changed his mind about murdering anyone else?

-

This doesn't really address whether in today's world we can justifiably administer the death penalty as a public policy, but it can help you explore moral intuitions about whether people really do deserve punishment or not.

As for the first part, all I've tried to argue is that it's not wrong for a guilty murderer to get the death penalty, not that the US justice system, or any other, does a good job of imposing it or that it should remain on the books.

One argument against the death penalty is "the death penalty is always wrong, it's is never not-wrong to execute a criminal." I disagree with this one specifically.

hakimashou
Jul 15, 2002
Upset Trowel

Smudgie Buggler posted:

Of course they can.

Whatever your utility function, removing the people you find to be making society worse makes it better.

Why pretend like you can't understand the anti-humanist position on this? It's so simple.

edit: Like, I can't wrap my head around how you can say this:


obviously indicating you believe in the subjectivity of moral values (i.e. moral anti-realism) but then purport to not understand how it's possible to think it's a good enough thing to permanently get rid of very bad people by killing them to outweigh the cost of the inevitable false-positives.

I'm not even saying I agree with this, but I don't get why you'd pretend to not understand that this point of view exists. If you find it immoral, argue it's immoral, not that it doesn't make sense.

The first bit isn't true. In a purely cumulative view of utility, where it's not about the average utility but about the total utility, every additional person makes society a little bit better.

hakimashou
Jul 15, 2002
Upset Trowel

Smudgie Buggler posted:

You're just a priori ruling out the possibility that an individual can contribute negative utility to the world. Good job.

edit: what sort of retarded idea is maximising "average utility" anyway? That would just lead you to killing everybody but the happiest person on Earth.

Cumulative utility leads to another 'repugnant conclusion' where infinite people living lives the slightest bit better than death is preferable to vast numbers of people living lives that are really really good.

hakimashou
Jul 15, 2002
Upset Trowel

Smudgie Buggler posted:

Why does desert need to enter this equation? I mean, it can, but there's still a perfectly adequate utilitarian case to be made for punishing defectors from the norm of not murdering people even if you know for certain the particular offenders in question will never do it again. Collectively, we have every reason to want to disincentivise people from doing their first murder as their fifth.

The utilitarian case allows for edge scenarios where guilty people are rewarded instead of punished, as long as everyone thinks they have been punished.

Also punishing innocent people is just as good a deterrent as punishing guilty people, as long as you can convincingly frame them.

Many people think this would be wrong, so deserts enter into it for a lot of people.

hakimashou
Jul 15, 2002
Upset Trowel

Orange Devil posted:

What is the value of talking about any of this stuff in these kinds of completely abstracted and unreal scenarios?

Should the United States as it exists today have the death penalty? That's the kind of question whose answer actually matters for anything more than words on the internet. It's the kind you can change policy off of, ie. affect actual human beings' lives and actually make the world a better place with. Bullshit hypotheticals are a waste of time and energy.

See above, the end of the post you quoted part of. Also the person I quoted. I thought it was pretty clearly explained, let me know if it's not.

hakimashou fucked around with this message at 13:37 on Mar 12, 2017

hakimashou
Jul 15, 2002
Upset Trowel

Smudgie Buggler posted:

gently caress me you're an angry little man.

I didn't think you were defending prisons as rehabilitative; I was simply rejecting the premise of your idiotic question.

Have you ever heard the parable of the piss-soaked thing?

Jacob and Esau were traveling along the road to Galilee, and on the side of the road Jacob spotted something in the dirt.

It looked like a bundle of cloth, but it was all wet. Jacob looked to Esau and said "I wonder if there is something valuable inside."

The two brothers looked closely, and Esau replied "it smells like piss, it looks like it is soaked in piss."

"I know," said Jacob, "but I want to see if there is anything inside."

Esau sighed, and watched Jacob pick up the bundle and carefully unwrap it.

There was nothing inside, and Jacob got piss all over his hands and his clothing.

hakimashou
Jul 15, 2002
Upset Trowel

N. Senada posted:

The answer is that the guy deprived society of his wife's contributions to society and his wife of her right to be alive. He also committed fraud against his insurer (unless they stipulated murdering your spouse was a condition you could make a claim against) and they should sue him for breach of contract.

We need to make it clear that such flagrant violations of our agreed-upon rules will not be tolerated, and so we'll take him away for awhile and hopefully indoctrinate him with our belief that people are more important than money.

Does he deserve to be punished for depriving his wife of her right to be alive?

hakimashou
Jul 15, 2002
Upset Trowel

Infinite Karma posted:

What's the purpose of the punishment? Deterrence? Rehabilitation? Restitution? Protection of society from future crimes?

I'm sure all of the above, but the question is really what penalty best serves those ends. What about killing him is a better punishment than locking him up forever, or torturing him forever, or making him into a slave laborer? Any of those are as morally repugnant as murdering him, if not less.

I'd say he does deserve to be punished because he did something wrong. I don't think it would be wrong to give him the death penalty for it.

It's not morally repugnant to execute a murderer. As above, the death penalty for murderers has virtues like exact proportionality to the crime. It also fulfills the golden rule or the categorical imperative.

In utilitarian terms, it is as good as a deterrent as other sever penalties, and it absolutely prevents recidivism.

hakimashou
Jul 15, 2002
Upset Trowel

N. Senada posted:

I know we should strive really hard to figure out how to preserve the offender's right to life as we move forward in figuring out what to do in reaction to his criminal activity.

How can he have the same right to be alive after he murdered his wife as before?

hakimashou
Jul 15, 2002
Upset Trowel

Infinite Karma posted:

This answered exactly none of the questions you responded to.

What does anyone gain by executing a murderer? I don't care about the morality of it, for this purpose, just explain what is gained by killing him instead of letting him go. Metaphysical considerations like the categorical imperative don't count, there are no brownie points for self-consistency. What do I, Infinite Karma, gain by implementing the policy of executing murderers, over a policy that is similarly severe, but not irrevocable?

I don't think we gain anything from capital punishment. The victim who was murdered gets no restitution or comfort. The criminal has no chance to rehabilitate. Deterrence has already failed, he committed the crime. The only thing gained is that we are protected from him killing people in the future. So as long as we are protected from the criminal, shouldn't we choose a penalty that offers more in other areas? Consider it a bonus that there's less moral hazard than state-sponsored killing.

Unless you truly think that killing is a positive for its own sake?

I don't know that anyone would get anything out of it, I just don't think it would be wrong to do.

hakimashou
Jul 15, 2002
Upset Trowel

Infinite Karma posted:

That's pretty loving faint praise for a policy of intentionally killing people.

If you say so. It's all I've been saying the whole thread.

There are some practical reasons for executing rather than imprisoning murderers. They can't reoffend and you don't have to pay to keep and feed them, which frees up money to spend on something else.

There are also compelling ethical reasons to do it. It is plausibly a less harsh and more fair penalty than life imprisonment/enslavement. It is a radical way of respecting the murderer's dignity and equality and agency. And if you think its good for people to get what they deserve, then it's good for that reason.

hakimashou
Jul 15, 2002
Upset Trowel

Plucky Brit posted:

No justice system is infallible. Any state which executes people for crimes will end up executing innocents. There is no recourse once someone is dead. Are you fine with that?

See above, I'm not convinced we should have the death penalty on the books, but I strongly diasagree with the idea that it is morally wrong to punish murder with execution.

hakimashou
Jul 15, 2002
Upset Trowel

LeJackal posted:

Well the question isn't 'is it morally correct to execute a murderer' but 'is the death penalty as practiced currently morally wrong' and if you addressed the question that would be great. Instead of coming up with insane hypotheticals about infallible lie detectors and such.

I thought the context of that was pretty clear, why don't you think it was?

Anyway I was responding to someone who said it was wrong to execute murderers.

hakimashou
Jul 15, 2002
Upset Trowel

twodot posted:

Would you be fine if one of your loved ones was executed for a crime which they did commit?

If the answer is no, your example is irrelevant. If the answer is yes, you're a psychopath.

Also, psychopaths are capable of emitting true arguments, so I think asserting that your opponent lacks empathy isn't much of an argument.

To get back to my earlier examples, I would be very upset if one of my loved ones was struck by a government employee driving a car and died, but I still accept that government employees driving cars and predictably (in an actuarial sense) killing innocents is worth the damage it causes. The whole "You must only accept policies that have zero innocent deaths as a result" argument just doesn't scale for literally anything else.

It would suck if a family member murdered someone and got the death penalty for it, but it's what they'd deserve so I would be 'fine with it,' even if it sucked to lose a family member.

Not sure why that would make someone a 'psychopath.'

hakimashou
Jul 15, 2002
Upset Trowel

twodot posted:

Can you offer definitions of "fine with it" and "sucked" such that this makes any sense? I prefer to avoid circumstances that suck, and wouldn't say I'm fine with a circumstance sucking. If I felt a circumstance sucked, I'd actively work to make it not suck, and wouldn't be content for it to just suck.

I suppose? I'd be fine with the death penalty, since the family member would deserve it. I'm fine with people getting what they deserve. Ie, I don't have a problem with it.

But it would feel terrible to lose a family member. Because it would feel terrible, it would suck.

Sometimes when the right thing happens, it sucks for someone.

The same would be true of a jail sentence. "We shouldn't jail people anymore because I don't want my relative to go to jail, since I would miss him or her" is not a respectable position.

I would care a lot more about a family member or friend than about a total stranger, especially if the stranger was a murderer. But my personal feelings toward the condemned wouldn't change my views about capital punishment. An easy way to understand why is to consider that my beliefs about capital punishment aren't "I think it is ok because it isn't anyone I know."

hakimashou fucked around with this message at 12:41 on Mar 15, 2017

hakimashou
Jul 15, 2002
Upset Trowel

Plucky Brit posted:

That's not the point; I'm talking about executing people who didn't commit a murder, but were convicted through a miscarriage of justice.

Are you content that the state will execute innocents, in the pursuit of justice?

I'm not content that the state will execute innocents, in the pursuit of justice.

However, I don't think it is morally wrong to give murderers the death penalty.

I don't see what the two have to do with one another.

hakimashou
Jul 15, 2002
Upset Trowel

Plucky Brit posted:

I don't agree with you on the morality issue, but I can understand and respect your viewpoint. It's an interesting discussion to have, provided it's at a theoretical level. The issue of executing innocents is why I oppose the death penalty, and we seem to be in agreement on this.

I find it annoying when people on both sides try to use the morality arguments as the reason to be for or against the death penalty in practice, or pretend as though that's the only argument worth making. I base my opposition on a different argument, one which I think carries far more weight.

Ya, because laws and courts are imperfect I think we probably shouldn't have the death penalty. I think that's a good argument against having it.

I don't think "the death penalty is always morally wrong." Is a good argument.

hakimashou
Jul 15, 2002
Upset Trowel

Zesty Mordant posted:

Even if, hypothetically, a criminal's 100% guilt could be ascertained, what would be gained by executing this person?

Justice

hakimashou
Jul 15, 2002
Upset Trowel

spacetoaster posted:

This. I cannot imagine how we ever got to a point where it's ok to put someone in a cage for 20+ years.

I'm no historian, but was that common (other than for nobles) at any time in history?

We stopped executing them I think.

hakimashou
Jul 15, 2002
Upset Trowel
Corporal / humiliation based punishments seem almost like a humane alternative to imprisonment.

Is there some kind of pain-zapper that doesnt risk giving people heart attacks?

hakimashou
Jul 15, 2002
Upset Trowel
Those drug cocktails are pretty barbaric.

Massive opiate/barbiturate overdose is probably the most humane. Maybe combine it with nitrogen asphyxiation.

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hakimashou
Jul 15, 2002
Upset Trowel

Orange Devil posted:

How the gently caress is getting paid to kill people morally acceptable anyhow?

Why wouldn't it be? You know about war and soldiers don't you?

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