EDIT: Wait, you mean “punish” in the consequentialist sense of punishing defection, right?
Yes, but this does not imply that the current level of awfulness is optimal. It certainly does not mean we should increase the awfulness beyond the optimal level.
But if someone proposes that the current level is too high (whether on consequentialist or legal grounds), one of the arguments they will encounter is “you want to help rapists and murderers?! Why? Those bastards deserve it.”
(The consequentialist argument for, say, the current state of US prisons is of course undercut by the existence of other countries with much less awful prisons.)
The consequentialist argument for, say, the current state of US prisons is of course undercut by the existence of other countries with much less awful prisons.
If you want to look at optimal awfulness, there is a much better way to test, look at the crime rate. The currant crime rate is extremely high by historic standards. Furthermore, the recent drop from its peak in the 1970′s has accomplished by basically turning major cities into Orwellian surveillance states. I think increasing the awfulness of prisons would be a better solution, at the very least in puts the burden on the criminals rather than the innocent.
That really isn’t a good argument for the current state of US prisons, is it? Clearly, even openly allowing institutional rape has failed to help; yet other, less harsh countries have not seen soaring crime rates by comparison.
I’ve seen studies suggesting that certainty of punishment is much more important for determining behavior than the extremity of it—it’s more a question of a strong justice system, a respect for authority (or fear, one might say), than people performing expected utility calculation in their heads.
It is known that lots of people enjoy inflicting pain on the helpless. Anyone who punishes prisoners because they enjoy doing so is in a conflict of interest, at least if he has any discretion in how to carry out the punishment.
I don’t know if it’s more so because comparing degrees here is hard, but I would say that we should not hire prison guards who enjoy punishing prisoners and have discretion in doing so.
EDIT: Wait, you mean “punish” in the consequentialist sense of punishing defection, right?
Yes, but this does not imply that the current level of awfulness is optimal. It certainly does not mean we should increase the awfulness beyond the optimal level.
But if someone proposes that the current level is too high (whether on consequentialist or legal grounds), one of the arguments they will encounter is “you want to help rapists and murderers?! Why? Those bastards deserve it.”
(The consequentialist argument for, say, the current state of US prisons is of course undercut by the existence of other countries with much less awful prisons.)
If you want to look at optimal awfulness, there is a much better way to test, look at the crime rate. The currant crime rate is extremely high by historic standards. Furthermore, the recent drop from its peak in the 1970′s has accomplished by basically turning major cities into Orwellian surveillance states. I think increasing the awfulness of prisons would be a better solution, at the very least in puts the burden on the criminals rather than the innocent.
That really isn’t a good argument for the current state of US prisons, is it? Clearly, even openly allowing institutional rape has failed to help; yet other, less harsh countries have not seen soaring crime rates by comparison.
I’ve seen studies suggesting that certainty of punishment is much more important for determining behavior than the extremity of it—it’s more a question of a strong justice system, a respect for authority (or fear, one might say), than people performing expected utility calculation in their heads.
Personally I’m in favor of corporal punishment, cheaper than prisons and you don’t have the problem of long term prisoners getting used to it.
It is known that lots of people enjoy inflicting pain on the helpless. Anyone who punishes prisoners because they enjoy doing so is in a conflict of interest, at least if he has any discretion in how to carry out the punishment.
Also, it’s possible to take that effect into account when deciding punishment.
More so than existing prison guards?
I don’t know if it’s more so because comparing degrees here is hard, but I would say that we should not hire prison guards who enjoy punishing prisoners and have discretion in doing so.