We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
What does it mean for a government to declare its citizens 'dead' while they still live? Following the failed 2016 coup, the Turkish AKP government implemented sweeping powers against some 152,000 of its citizens. These Kanun hükmünde kararnameli ('emergency decreed') were dismissed from their positions and banned for life from public service. With their citizenship also revoked, Seçkin Sertdemir argues these individuals were rendered into a state of 'civic death'. This study considers how these authoritarian securitisation methods took shape, shedding light on the lived experiences of targeted people. Bringing together approaches from political philosophy, social anthropology, and sociology, Sertdemir outlines the approaches and justifications used by the Turkish government to dismiss opponents, increase surveillance, and brand citizens as 'terrorists'. At the same time, extensive archival research and in-depth interviews bring focus to the impact of these measures on the lives of women, and the disabled and LGBTQ+ communities.
This paper examines cooperation and punishment in a public goods game in Istanbul. Unlike prior within-subject designs, we use a between-subject design with separate no-punishment and punishment conditions. This approach reveals that punishment significantly increases contributions, demonstrating the detrimental effect of having prior experience without sanctions. We highlight two critical factors—heterogeneous initial contributions across groups and how subjects update their contributions based on prior contributions and received punishment. An agent-based model verifies that the interaction between these two factors leads to a strong persistence of contributions over time. Analysis of related data from comparable cities shows similar patterns, suggesting our findings likely generalize if using a between-subject design. We conclude that overlooking within-group heterogeneity biases cross-society comparisons and subsequent policy implications.
While people are surprisingly cooperative in social dilemmas, cooperation is fragile to the emergence of defection. Punishment is a key mechanism through which people sustain cooperation, but when are people willing to pay the costs to punish? Using data from existing work on punishment in public goods games conducted in industrialized countries throughout the world (Herrmann et al. in Science, 319(5868):1362–1367, 2008. https://doi.org/10.1126/science.1144237), I find first that those who contribute more are consistently punished less. Second, in many study locations, there are insignificant differences in the propensity of those who contribute and defect to punish. Finally, those who contribute and defect both carry out punishment against defectors. Some defectors do punish cooperators, but less often than they punish other defectors. The determinants of punishment are largely consistent across cities.
Do people discriminate between men and women when they have the option to punish defectors or reward cooperators? Here, we report on four pre-registered experiments that shed some light on this question. Study 1 (N = 544) shows that people do not discriminate between genders when they have the option to punish (reward) defectors (cooperators) in a one-shot prisoner’s dilemma with third-party punishment/reward. Study 2 (N = 253) extends Study 1 to a different method of punishing/rewarding: participants are asked to rate the behaviour of a defector/cooperator on a scale of 1–5 stars. In this case too, we find that people do not discriminate between genders. Study 3a (N = 331) and Study 3b (N = 310) conceptually replicate Study 2 with a slightly different gender manipulation. These latter studies show that, in situations where they do not have specific beliefs about the gender of the defector/cooperator’s partner, neither men nor women discriminate between genders.
Economists conducting laboratory experiments on cooperation and peer punishment find that a non-negligible minority of punishments is directed at cooperators rather than free riders. Such punishments have been categorized as ‘perverse’ or ‘antisocial,’ using definitions that partially overlap, but not entirely so. Which approach better identifies punishment that discourages cooperation? We analyze the data from 16 sites studied by Herrmann et al. (Science 319(5868):1362–1367, 2008) and find that when subjects are uninformed about who punished them, the recipient’s contribution relative to the group average (whether it is ‘perverse’) is a better predictor of negative impact on contribution than is her contribution relative to the punisher’s (whether it is ‘antisocial’). Regression estimates nevertheless suggest that punished subjects attempt to take relative contribution of punisher into account even if only by conjecture.
Expectations-based reference dependence has been shown to be important across a variety of contexts in Psychology and Economics. Do expectations play a role in moral judgment? The higher our beliefs are relative to an outcome, do we punish more harshly? This paper reports a series of experiments investigating the hypothesis that expectations as reference points per se affect punishment. The experimental design varies the expectation the Punisher holds just before she learns what actually occurred. In tandem with the manipulation, expectations are shown to vary significantly and substantially. However, punishment does not respond to these exogenous changes in expectations. After 17 sessions, 295 Punishers, and six experimental setups, expectations are shown not to affect punishment in any systematic way.
Punishment plays a role in human cooperation, but it is costly. Prior research shows that people are more cooperative when they expect to receive negative feedback for non-cooperation, even in the absence of costly punishment, which would have interesting implications for theory and applications. However, based on theories of habituation and cue-based learning, we propose that people will learn to ignore expressions of disapproval that are not clearly associated with material costs or benefits. To test this hypothesis, we conducted a between-subjects, 40-round public goods game (i.e. much longer than most studies), where participants could respond to others’ contributions by sending numerical disapproval messages, paying to reduce others’ earnings, or neither. Consistent with previous results, we observed steadily increasing contributions in the costly punishment condition. In contrast, contributions declined after the early rounds in the expressed disapproval condition, and were eventually no higher than the basic control condition with neither costly punishment nor disapproval ratings. In other words, costless disapproval may temporarily increase cooperation, but the effects fade. We discuss the theoretical and applied implications of our findings, including the unexpectedly high levels of cooperation in a second control condition.
This study examines the recent proliferation of manslaughter charges and subsequent prosecutions brought against people who have shared, sold, or provided drugs that have led to overdose death in Canada. It presents a documentary analysis of news media coverage, court decisions, and Access-to-Information and Freedom-of-Information requests of materials from criminal legal institutions. The analysis finds that the vast majority of those who face manslaughter charges are engaged in the lowest tiers of the drug trade, are themselves people who use drugs, and are often intimately known to the deceased. Messaging by police, prosecutors and the courts mobilize the overdose crisis as rationale for these charges and prosecutions, positioning them as a form of redress to impacted communities. This phenomenon illustrates how punitive criminal legal responses to the overdose crisis have deepened alongside the retreat of criminal law in other circumstances, contradicting claims of a therapeutic turn in Canadian drug policies.
The Norwegian 'treason trials' were the most extensive post–Second World War 'reckoning' with wartime collaboration in all of Europe. Following the war, tens of thousands of Norwegians were sentenced for their wartime actions, including the notorious leader of Norway's collaborationist party Nasjonal Samling, Vidkun Quisling. And yet many wartime actions also went unpunished, including, in the vast majority of cases, violence perpetrated against Norway's Jewish minority. The Quislings examines how the Norwegian authorities planned, implemented and interpreted this reckoning between 1941 and 1964. In doing so, it looks at the broader political purposes the treason trials served, how these changed over time and the mechanisms that brought these changes about. This wide-ranging study argues that the trials were not driven by the agenda of any one institution or group. Instead, their final shape was the result of a complex process of weighing up demands for legal form and consistency against a fast-changing political and social environment.
This chapter is about how police officers in China enforce anti-prostitution laws. These regulations outlaw the exchange of sex for money or other material goods in all of its forms, and for all individuals who engage in it. Yet in practice, police enforcement primarily targets low-tier sex workers. Of the array of possible sanctions, these women are more likely incarcerated than fined, and they are placed in institutions with a rehabilitative mission that, in practice, is not met. In addition, law enforcement officials often engage in illegal and abusive practices when arresting sex workers. Clients are not completely immune from punishment, but they are less likely to be arrested than are the women they solicit. The major exception to that pattern involves high-profile men whose actions have crossed the Chinese Communist Party (CCP). Their cases are taken out of the hands of street-level police officers and into the world of elite politics, with prostitution charges used to help secure their downfall.
The maintenance of cross-cultural variation and arbitrary traditions in human populations is a key question in cultural evolution. Conformist transmission, the tendency to follow the majority, was previously considered central to this phenomenon. However, recent theory indicates that cognitive biases can greatly reduce its ability to maintain traditions. Therefore, we expanded prior models to investigate two other ways that cultural variation can be sustained: payoff-biased transmission and norm reinforcement. Our findings predict that both payoff-biased transmission and reinforcement can enhance conformist transmission's ability to maintain traditions. However, payoff-biased transmission can only sustain cultural variation if it is functionally related to environmental factors. In contrast, norm reinforcement readily generates and maintains arbitrary cultural variation. Furthermore, reinforcement results in path-dependent cultural dynamics, meaning that historical traditions influence current practices, even though group behaviours have changed. We conclude that environmental variation probably plays a role in functional cultural traditions, but arbitrary cultural variation is more plausibly due to the reinforcement of norm compliance.
Chapter 10 provides an overview of the role and functions of private enforcement within regulatory regimes and the availability of redress. It draws attention to different ‘models of legal responsibility’ upon which regulatory regimes rely in allocating and distributing legal rights and duties between those who are subject to regulation and those whom regulation is intended to protect (‘regulatory beneficiaries’). This chapter is the most legally focused chapter in the volume, selectively highlighting several features of the institutional and enforcement context in which regulation occurs. Examples are private litigation, collective redress mechanisms, the role of courts as authoritative and final interpreters of the law and ‘alternative’ avenues for redress.
To comply with Shiʿi theological-jurisprudential justifications and dogmatic traditions, the Iranian postrevolutionary legal system formally enshrined the principle of legality of crime and punishment within the Iranian Constitution and important legal provisions. Despite this formal entrenchment and codification of its criminal law, which together act as a legal constraint on the traditionally excessive power of Muslim judges, the Iranian theocratic system has exempted religious sins from this principle by blurring the distinction between crime and sin and criminalizing certain sinful acts with unclear language. These two legal mechanisms not only violate the principle of legality and amplify legal uncertainty, but their reference to Sharia law also binds the fate of the accused more tightly to the discretion of the judge than to the letter of the law. Consequently, the religiopolitical predilections of judges have become a determining factor in findings of criminal responsibility and imposition of punishment on citizens.
People simultaneously entangled in multiple state systems are often subject to contradictory legal mandates that can foster distrust and incentivize system avoidance. This study focuses on those indebted to both the child support system and the criminal legal system, a situation we describe as dual debt. We ask whether and how the imposition of legal debts with punitive surveillance and collections mechanisms fosters alienation in the form of legal cynicism and estrangement, which we refer to jointly as legal anomie. Drawing from interview data in Minnesota, we find that legal anomie and system avoidance are mutually reinforcing processes, as debts in these systems triggered consequences that pushed people out of the formal labor market and heightened their distrust of legal institutions. The case of dual debt demonstrates how alienating and contradictory policy systems can foster both legal anomie and system avoidance, particularly in the context of economic and social precarity.
Abstract: Chapter 2 reflects on a key assumption about the “traditional Chinese family,” the “child-training” paradigm that emphasizes parenting and overlooks children. The chapter draws from interview and observational data with mothers and children to contrast an important local cultural model of parenting, that is, preventing children’s fights, with the reality of prevalent fighting and conflict among children. Weaving together qualitative, quantitative and machine learning analyses of texts, the chapter uncovers the experiences of “dis-obedient children” which departs from the parental ideal of training obedience. After debunking the myths of “Chinese parenting,” I explain the inefficacy of parental punishment through the lens of children’s sociomoral cognition, against the popular assumption and paradigm of reinforcement learning. These findings remind anthropologists to pay more attention to the ethical experience and reflections of young children, “the punished,” and urge adults to see the world through children's eyes.
In this chapter, we consider exemplary damages and aggravated damages, remedies with a strong vindicatory flavour, as recognised by the High Court of Australia in Lewis v Australian Capital Territory.
Exemplary damages vindicate the plaintiff’s interests, but also explicitly punish the defendant for the wrong in question. Punishment is not commonly recognised as a central aim of private law. Some commentators have argued that it should not be part of private law. However, exemplary damages are said to validate the plaintiff’s feelings of hurt and anger arising from the contumelious nature of the defendant’s wrong. Such damages also perform a vindicatory function. The fact that the law punishes a defendant for the manner of his interference with the plaintiff’s interests signals the importance of those interests.
I formulate a compatibilism that is distinctively responsive to skeptical worries about the justification of punishment and other moral responsibility practices. I begin with an evolutionary story explaining why backward-looking reactive attitudes are “given” in human society. Cooperative society plausibly could not be sustained without such practices. The necessary accountability practices have complex internal standards. These internal standards may fully ground the appropriateness of reactive attitudes. Following a recent analogy, we can similarly hold that there are no external standards for what is funny; the norms of comedy are complex, but funny is funny. However, this is compatible with moral reasons to change the practices themselves, and therefore change what is fitting within them: in the first instance, a moralistic “that's not funny” is ill-fitting, but “that shouldn't be funny” can be apt. The analogous reformist position prescribes practices constituting the minimal responsibility norms necessary for cooperative society.
Many moral judgments are rooted in the outrage heuristic. In making such judgments about certain personal injury cases, people's judgments are both predictable and widely shared. With respect to outrage (on a bounded scale of one to six) and punitive intent (also on a bounded scale of one to six), the judgments of one group of six people, or 12 people, nicely predict the judgements of other groups of six people, or 12 people. Moreover, outrage judgments are highly predictive of punitive intentions. Because of their use of the outrage heuristic, people are intuitive retributivists. People care about deterrence, but they do not think in terms of optimal deterrence. Because outrage is category-specific, those who use the outrage heuristic are likely to produce patterns that they would themselves reject, if only they were to see them. Because people are intuitive retributivists, they reject some of the most common and central understandings in economic and utilitarian theory. To the extent that a system of criminal justice depends on the moral psychology of ordinary people, it is likely to operate on the basis of the outrage heuristic and will, from the utilitarian point of view, end up making serious and systematic errors.
Gregory the Great's Moralia in Job has been said to mark a transitional phase in the development of atonement doctrine. I argue that the Moralia cohesively portrays Christ's redemptive work as achieving something in two directions: towards God, a vicarious payment of humanity's debt of punishment; towards humanity, an efficaciously convicting and restorative example. This sustains a spirituality in which exacting and self-denying moral effort rests on freedom from judgement and on the death accomplished by the Mediator. Engaging the Moralia in this manner illuminates patristic exegetical sensibilities and proves instructive about how the fathers fit into later taxonomies of atonement models.
Kant’s conception of remorse has received little discussion in the literature. I argue that he thinks we ought to experience remorse for both retributivist and forward-looking reasons. This account casts helpful light on his ideas of conversion and the descent into the hell of self-cognition. But while he prescribes a heartbreakingly painful experience of remorse, he acknowledges that excess remorse can threaten rational agency through distraction and suicide, and this raises questions about whether actual human beings ought to cultivate their consciences in such a way as to experience remorse in the way he conceives it.