Very Bad Wizards

Episode 256: The Right to Punish?

Mar 14, 2023
Ask episode
AI Snips
Chapters
Transcript
Episode notes
ADVICE

Question Broad Brain Blame Claims

  • When reading neuroscience claims, demand specificity: ask whether brain data adds anything beyond behavioral and self-report evidence.
  • The hosts advise skepticism of lazy 'lizard brain' claims and insist on concrete mechanisms (e.g., neurotransmitters) before inferring reduced volition.
INSIGHT

Retributivism vs Utilitarianism Right To Punish

  • Murphy argues utilitarianism fails because it cannot justify the state's right to inflict suffering, while retributivism respects autonomy but struggles under capitalism.
  • Retributivism can be formally correct yet materially inadequate in a society whose structures shape criminal motives and concepts like rationality.
INSIGHT

Tacit Consent Fails For The Disadvantaged

  • Retributivist justifications appeal to consent/general will: by living in society you implicitly accept punishment rules, making punishment your 'own' decision.
  • Murphy challenges this: many cannot 'opt out' of society, so tacit consent is implausible for the disadvantaged.
Get the Snipd Podcast app to discover more snips from this episode
Get the app