Eye for an eye notions, retributivism and punitivity are profoundly intuitive to many, the idea that we ought punish someone for the sake of punishing them, that once you’ve done x, you deserve to have x punishment done to you, the idea that we shouldn’t without restraint harm a child rapist who is no longer a threat and sitting in a prison cell all day offends them deeply.
They may say something like:
- ”Why shouldn’t we shove a broomstick up this evil rapist’s asshole, why would that be bad to do that if he did the same thing?”
The answer is obvious – for the exact same reason why it was bad when he stuck his dick up the child’s ass – because it causes pain and suffering, which is always bad.
Sometimes you may tolerate one suffering to avoid a greater one, like getting the vaccination to avoid the greater suffering of a deadly disease, or tolerating a boring workplace to obtain money, which you also only need to obtain resources that help you prevent some condition of suffering in your life in one way or another, but suffering itself is always a bad thing.
Even a masochist hurting themselves for sexual pleasure or a bipolar individual cutting themselves for emotional relief are not enjoying negative qualia (it is impossible for negative qualia to be enjoyable) – self-harmers are already experiencing suffering, so to blend out that worse suffering, they have to inflict pain onto themselves, using pain to eliminate a greater pain, for the masochist it would be sexual frustration, for the cutter it might be depression.
So if harm (negative qualia) is always bad, then it can never be the better option to inflict it, unless it prevents an even greater, more intense harm, i.e you see the child rapist raping the child, so you push him off that child to prevent more harm.
The problem with this in the context of punishment is that when the harm causer is being punished, they are usually already detained, that’s kind of implied in the act of punishment – it is an act of violence against the harm causer after the threat the harm causer poses has already been deactivated, otherwise it would just be an act of defense. It might be perceived as punishing by the harm causer, but it’s not for the sake of retribution, punishment.
So while it is perfectly justified for you to defend against the rapist whilst he is raping the child to prevent harm, it would be illogical to insist on punishing him after he has already been stopped and is already spending his whole day in a prison cell where he can no longer assault children anyway.
It was bad when he raped the child because it caused harm, plus he didn’t need to do that in order to defend himself against some kind of greater threat posed by the child, the child was not a threat, but for that exact same reason, it’s now arguably also bad if you shove a broomstick up his ass after he has already been stopped from raping the child, it’s the exact same negative qualia experienced by different subjects, and that negative qualia is not good.
Eye for an eye notions of retributivism are frequently based in human bigotry, cognitive biases, narcissism and delusion, they essentially believe it to be bad to harm feeling things for the wrong reason on a very instinctive, primitive, emotional level, which is why they then fail to acknowledge it as just as bad when abuse is happening to criminals in prison.
So for example, when your mother gets brutally murdered, you may have some kind of gut feeling telling you that this is only bad because it happened to your mother in particular, in which case, it’s not a problem if it happens to the murderer of your mother, because he isn’t your mother, so it wouldn’t be bad to harm him like it was bad when he harmed your mother.
But in reality of course, what happened to your mother was bad because she is a sentient, suffering-capable organism and it doesn’t get any more complicated than that, if it were only bad because it happened to your mother, then it wouldn’t be bad if it happened to literally anyone else who is not your mother, which is simply untrue, it would still cause negative sensation to have a knife in your throat, even someone didn’t give birth to you.
But, that’s of course also why it’d be bad if the murderer of your mother had a knife in his throat, because he’s also a sentient, suffering-capable organism.
Or when a pretty, cute girl gets brutally raped, you may have some kind of gut feeling telling you that this is only bad because she’s pretty and cute, in which case, it’s not a problem if it happens to her rapist, because he’s most likely not that pretty and cute, so it wouldn’t be bad to harm him like it was bad when he harmed the pretty girl.
But in reality of course, what happened to the girl was bad because she is a sentient, suffering-capable organism and it doesn’t get any more complicated than that, if it were only bad because it happened to someone pretty and cute, then it wouldn’t be bad if it happened to literally anyone else who is not pretty and cute, which is simply untrue, it would still cause negative sensation to get raped even if you’re ugly.
But, that’s of course also why it’d be bad if the rapist of that girl got raped, because he’s also a sentient, suffering-capable organism.
Obviously none of these factors that people ascribe some kind of superficial value to are ultimately important to them, the point here is that the harm itself is bad, it’s not bad based on your nepotistic delusions of it only being bad when it happens to your family, women and/or children that elicit some kind of primitive instinctive reaction in you.
If I put any sentient organism in an isolated cell where it cannot possibly pose a threat and torture it, it’s going to be unambiguously bad, no matter what, it will produce negative sensations, no way around it.
It’s usually done for the fleeting emotional pleasure that the victims or angry mobs derive from punishing someone, in which case they then grant the harm causer the right to justify his deeds based on the fleeting emotional pleasure he derived from causing harm.
- ”But what if the rapist raped your sister? You’d want him dead too!”
But what if you were the rapist? You’d want to rape too!
If you would be the person that wants to do x, you would want to do x too, therefore, doing x is now justified, that seems to be the idea here.
If you want to put Ted Bundy on the electric chair for the purpose of jerking off to it, then so can he consistently keep justifying violently killing women for the purpose of jerking off to it, it’s the same exact justification, you’re both arguing it’s ok to inflict torture so you can jerk off to it.
In many cases, retributivists then justify this sort of behavior by arguing that it is necessary:
- ”But he could still attack a prison guard!”
In which case, that problem could be solved by just sending more than one prison guard to his cell the next time, rape and murder remain unnecessary harms, because these harms are not required to detain the threat being posed – unless it legitimately happens in a moment of defense against the criminal.
- ”But he could escape prison!”
Unlikely, but if it’s true, that problem could be solved by just building more steadfast prison walls, rape and murder remain unnecessary harms, because these harms are not required to detain the threat being posed by the criminal.
- ”But that costs money!”
Which is the least harmful method of defending yourself against the threat. Some individuals cause a lot of harm, so we put these individuals into a home where they cannot cause a lot of harm anymore for the purpose of public safety. I think paying a certain amount of money generally produces less harm than being forced to wait to be executed.
Some may argue that life in prison is actually worse than being executed, but the point is that once a criminal is detained, there is no reason to not consult them on this matter first, I am not against the right to die, it’s just unnecessary to take the ability to decide their fate away from them, plus, again, prisons don’t have to be torture facilities that make someone suicidal in the first place.
If they wanted the death penalty, it wouldn’t be a penalty anymore, it would just be making use of the right to die, which we can have regardless of our criminal status.
- The only good argument for punishment would be deterrence.
So let’s say we just took the concept again of taking any sentient organism, putting it in a cell and torturing it, but it had to be done just once to prevent an even more intense harm from befalling everyone, let’s say everyone going to hell and burning alive over and over again eternally. In that case, it would still be bad, but it would obviously be less bad than not doing it.
The problem here again though is that it’s usually far from being this clear cut when it comes to crime and punishment. And the distinction between guilty/criminal and innocent/non-criminal remains insignificant, if anyone had to killed to save 1000 others from torture, and there were nothing else we could do about that, it’d be the better option to kill one regardless of their criminal status.
- Detainment is still deterrence.
No sentient organism wants to be restrained in any way, again, unless it releases another restraint they already experienced, like a masochist being more tense and frustrated if he doesn’t inflict pain onto himself, and you have no way of knowing the exact preferences of all potential criminals. A reduction of your freedom is still a deterring factor, to some it may be a greater one than death, to some it may not be.
- You don’t necessarily always know if you’re going to prevent a greater harm.
Unlike in the aforementioned hypothetical scenarios I just pointed to, you don’t necessarily know if you’re going to prevent more harm than you cause, perhaps you stick a broomstick up someone’s ass but all the harm you prevented from happening was 5$ being stolen, that’d be bad.
Let’s say you know for sure you could prevent a lot of people from stealing a potato by cutting their hands off and burning them alive in the streets, just the infliction of that punishment would be worse than a potato being stolen once in a while.
- Althroughout human history and to this day, draconian punishment has been inflicted and crimes have still been committed.
We’ve inflicted torturous draconian punishments on prisoners but their optimism bias was still strong enough for them to believe that they’re never going to get caught, then got caught, tortured to death, and people still committed crimes thinking they’re never going to get caught, optimism bias and overestimation of one’s own invincibility is strong in many humans in general, criminal or non-criminal, but especially when you’re committing a crime (exception of some calculated criminals of course), you might already be in a rather impulsive mental state.
- You don’t know what exact effect the punishment will have on each potential future criminal. Perhaps it demotivates them to commit crime, perhaps it leaves them neutral about their crimes, perhaps it motivates them to commit even more crimes.
In fact, countries like Norway where prisons look like hotel rooms seem to have the lowest crime rates, whereas a lot of countries that punish rather severely seem to have much higher crime rates.
What if you threaten a potential serial rapist and killer whose goal it is to bring all whores to justice with death, then he rapes and kills even more whores out of spite, then shoots himself, whereas if he were only to be threatened with a debate about whether or not raping whores is good or bad in a 5 star hotel, he would turn himself in to tell us all about it? You threaten the enraged school shooter with death and then he wants to shoot everyone even more for what he thinks is doing the right thing.
We stick a broomstick up the rapist’s asshole.
- Rapist 1 one stops raping because he wouldn’t like to experience that.
- Rapist 2 with poor impulse control just jizzes on her belly instead of her pussy next time and runs away in disorientation.
- Rapist 3 is pissed off for first being denied the pussy he wanted and now wants to take revenge against society for threatening him with torture for intruding vaginas that he considers his private property.
- Rapist 4 is in addition to being a sadistic rapist also a masochist who wouldn’t necessarily mind having a broomstick shoved up his ass.
- Rapist 5 gets an adrenaline rush from the fact that we now stick broomsticks up people’s asses for raping, that makes the whole rape game and trying not to get caught even more exciting.
Retributivists often have an irrational belief that criminals are ”just evil” with no explanation for it and all you got to do is just threaten them with death, they can’t be suicidal because that would mean that these monsters have feelings, when in reality, they’re of course ”just evil” out of nowhere.
They devalue criminals, so chances are they’re not even deeply contemplating the emotions and what could possibly motivate them. In that mindset, if they feel that alienated from them, of course they’re going to think it’s as simple as carry some garlic around and the evil vampires won’t attack you.
Punishment for the sake of punishment is bad anyway because all harm itself, the state of being harmed is bad, doesn’t matter if it’s a cute little girl or some fat ugly serial rapist, so pure retributivism is a failure, it’s an irrational concept.
If it’s done to prevent a greater harm, it’d be better to have the information on whether or not said punishment is actually efficient at preventing future harm, which in practice seems almost impossible to tell beforehand.
Therefore, for all intents and purposes, in practice, it still seems more sensible for the default position to simply be not to inflict harm on someone once you’ve stopped them from causing harm, unless you can demonstrate in that specific scenario that it will prevent a greater future harm, if it’s clear cut, i.e cut one hand off to stop a thousand hands from being cut off, nothing else you can do, then you cut one hand off, but in real life it usually simply isn’t that clear cut.





