It’s maybe fun to debate about whether they had mens rea, and the courts might care about the mens rea after it all blows up, but from our perspective, the main question is what behaviors they’re likely to engage in, and there turn out to be many really bad behaviors that don’t require malice at all.
I agree this is the main question, but I think it’s bad to dismiss the relevance of mens rea entirely. Knowing what’s going on with someone when they cause harm is important for knowing how best to respond, both for the specific case at hand and the strategy for preventing more harm from other people going forward.
I used to race bicycles with a guy who did some extremely unsportsmanlike things, of the sort that gave him an advantage relative to others. After a particularly bad incident (he accepted a drink of water from a rider on another team, then threw the bottle, along with half the water, into a ditch), he was severely penalized and nearly kicked off the team, but the guy whose job was to make that decision was so utterly flabbergasted by his behavior that he decided to talk to him first. As far as I can tell, he was very confused about the norms and didn’t realize how badly he’d been violating them. He was definitely an asshole, and he was following clear incentives, but it seems his confusion was a load-bearing part of his behavior because he appeared to be genuinely sorry and started acting much more reasonably after.
Separate from the outcome for this guy in particular, I think it was pretty valuable to know that people were making it through most of a season of collegiate cycling without fully understanding the norms. Like, he knew he was being an asshole, but he didn’t really get how bad it was, and looking back I think many of us had taken the friendly, cooperative culture for granted and hadn’t put enough effort into acculturating new people.
Again, I agree that the first priority is to stop people from causing harm, but I think that reducing long-term harm is aided by understanding what’s going on in people’s heads when they’re doing bad stuff.
I agree this is the main question, but I think it’s bad to dismiss the relevance of mens rea entirely. Knowing what’s going on with someone when they cause harm is important for knowing how best to respond, both for the specific case at hand and the strategy for preventing more harm from other people going forward.
I used to race bicycles with a guy who did some extremely unsportsmanlike things, of the sort that gave him an advantage relative to others. After a particularly bad incident (he accepted a drink of water from a rider on another team, then threw the bottle, along with half the water, into a ditch), he was severely penalized and nearly kicked off the team, but the guy whose job was to make that decision was so utterly flabbergasted by his behavior that he decided to talk to him first. As far as I can tell, he was very confused about the norms and didn’t realize how badly he’d been violating them. He was definitely an asshole, and he was following clear incentives, but it seems his confusion was a load-bearing part of his behavior because he appeared to be genuinely sorry and started acting much more reasonably after.
Separate from the outcome for this guy in particular, I think it was pretty valuable to know that people were making it through most of a season of collegiate cycling without fully understanding the norms. Like, he knew he was being an asshole, but he didn’t really get how bad it was, and looking back I think many of us had taken the friendly, cooperative culture for granted and hadn’t put enough effort into acculturating new people.
Again, I agree that the first priority is to stop people from causing harm, but I think that reducing long-term harm is aided by understanding what’s going on in people’s heads when they’re doing bad stuff.