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Whether it is useful to emphasize the punishment of certain criminals — rather than their containment or rehabilitation — is a question for social and psychological science. But it seems clear that a desire for retribution, arising from the idea that each person is the free author of his thoughts and actions, rests on a cognitive and emotional illusion — and perpetuates a moral one.

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Despite our attachment to the notion of free will, most of us know that disorders of the brain can trump the best intentions of the mind. This shift in understanding represents progress toward a deeper, more consistent, and more compassionate view of our common humanity — and we should note that this is progress away from religious metaphysics. Few concepts have offered greater scope for human cruelty than the idea of an immortal soul that stands independent of all material influences, ranging from genes to economic systems. Within a religious framework, a belief in free will supports the notion of sin — which seems to justify not only harsh punishment in this life but eternal punishment in the next. And yet, ironically, one of the fears attending our progress in science is that a more complete understanding of ourselves will dehumanize us.

Viewing human beings as natural phenomena need not damage our system of criminal justice. If we could incarcerate earthquakes and hurricanes for their crimes, we would build prisons for them as well. We fight emerging epidemics — and even the occasional wild animal — without attributing free will to them. Clearly, we can respond intelligently to the threat posed by dangerous people without lying to ourselves about the ultimate origins of human behavior. We will still need a criminal justice system that attempts to accurately assess guilt and innocence along with the future risks that the guilty pose to society. But the logic of punishing people will come undone — unless we find that punishment is an essential component of deterrence or rehabilitation.

if a being has sufficient sense of justice and civility to know it has done wrong, knowing it has done wrong is often sufficient punishment. If the being has no remorse, punishment will only increase its anger.

We tend to hold on to resentment because we feel like the nitwit who wronged us doesn’t deserve foreignness. Meanwhile, the only person being punished by your resentment is you. Forgiveness is about you deserving peace, not necessarily about others deserving your forgiveness. You are allowing nasty those of nasty things to take up precious space in your mind. If you love yourself, you’ll end your own torture and let it go. (239)

"Moreover, in the system of criminal punishment in the libertarian world, the emphasis would never be, as it is now, on "society's" jailing the criminal; the emphasis would necessarily be on compelling the criminal to make restitution to the victim of his crime. The present system, in which the victim is not recompensed but instead has to pay taxes to support the incarceration of his own attacker — would be evident nonsense in a world that focuses on the defense of property rights and therefore on the victim of crime."

Punishment, without any proper end or purpose, is inconsistent with our ideas of goodness and justice; and no end can be served by it after the whole scene is closed. Punishment, according to our conception, should bear some proportion to the offence. Why then eternal punishment for the temporary offences of so frail a creature as man? Can any one approve of Alexander's rage, who intended to exterminate a whole nation, because they had seized his favorite horse, Bucephalus? Heaven and hell suppose two distinct species of men, the good and the bad. But the greatest part of mankind float betwixt vice and virtue.

If I owe a person money, and cannot pay him, and he threatens to put me in prison, another person can take the debt upon himself, and pay it for me. But if I have committed a crime, every circumstance of the case is changed. Moral justice cannot take the innocent for the guilty even if the innocent would offer itself. To suppose justice to do this, is to destroy the principles of its existence, which is the thing itself. It is then no longer justice. It is indiscriminate revenge.

This single reflection will show that the doctrine of redemption is founded on a mere pecuniary idea corresponding to that of a debt which another person might pay; and as this pecuniary idea corresponds again with the system of second redemptions, obtained through the means of money given to the church for pardons, the probability is that the same persons fabricated both the one and the other of those theories; and that, in truth, there is no such thing as redemption; that it is fabulous; and that man stands in the same relative condition with his Maker he ever did stand, since man existed; and that it is his greatest consolation to think so.

Let him believe this, and he will live more consistently and morally, than by any other system. It is by his being taught to contemplate himself as an out-law, as an out-cast, as a beggar, as a mumper, as one thrown as it were on a dunghill, at an immense distance from his Creator, and who must make his approaches by creeping, and cringing to intermediate beings, that he conceives either a contemptuous disregard for everything under the name of religion, or becomes indifferent, or turns what he calls devout. In the latter case, he consumes his life in grief, or the affection of it. His prayers are reproaches. His humility is ingratitude. He calls himself a worm, and the fertile earth a dunghill; and all the blessings of life by the thankless name of vanities. He despises the choicest gift of God to man, the GIFT OF REASON; and having endeavored to f

In psychiatry there is a certain condition known as delusion of reprieve. The condemned man, immediately before his execution, gets the illusion that he might be reprieved at the very last minute. No one could yet grasp the fact that everything would be taken away. all we possessed, literally, was our naked existence.

I am convinced that imprisonment is a way of pretending to solve the problem of crime. It does nothing for the victims of crime, but perpetuates the idea of retribution, thus maintaining the endless cycle of violence in our culture. It is a cruel and useless substitute for the elimination of those conditions — poverty, unemployment, homelessness, desperation, racism, greed — which are at the root of most punished crime. The crimes of the rich and powerful go mostly unpunished.

It must surely be a tribute to the resilience of the human spirit that even a small number of those men and women in the hell of the prison system survive it and hold on to their humanity.

I’ve spent half of my life not knowing the difference between killing myself and fighting back. What if I don’t want healing
as much as I want justice? What if I don’t care if justice looks exactly like revenge? Do you think I don’t know that I can’t want revenge without strapping the bomb to my own chest? That’s how the dominoes of trauma fall. You become just another thing about to detonate.

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The decision to use torture as a terror of retribution gives an inner satisfaction to the person who practises it, even if this is difficult for him to accept openly. Having been injured and humiliated by aggression, he can now humiliate in his turn those whom he considers to be his aggressors, and rediscover his self-esteem. As an ex-soldier of the Algerian War explains, forty years after the events: ‘You could feel a certain form of jubilation while being present at such extreme scenes . . . Doing to a body whatever you feel like doing to it.’ Reducing the other to a state of complete impotence gives you a feeling of supreme power. This feeling is one which torture gives you more than murder does, since the latter does not last: once dead, the other becomes an inert object and no longer produces that jubilation which stems from fully triumphing over the will of another, without his ceasing to exist.

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