Criminal Attempts and the Penal Lottery

In most penal systems, success is punished more than failure. For example, murder is punished more severely than attempted murder. But success or failure is often determined by luck. It thus appears that punishment is allotted on the basis of arbitrary factors. The problem of criminal attempts is the question of how to best resolve this apparent tension. One particularly sophisticated attempt at resolution, first developed by David Lewis, holds that such differential punishment is not unjust when understood as a natural penal lottery. What is most interesting about this view is that it does not appear to involve a commitment to resultant moral luck. I argue that the natural penal lottery fails to deliver justice. Upon analysis, it carries the same implication that it sought to avoid—namely, a commitment to resultant moral luck. I then argue that there can be, in principle, no penal lottery that delivers justice, natural or otherwise.     

中小学生对惩罚的心理感受研究

通过调查和统计分析发现：中小学生对惩罚的心理感受既有共性又有年级特色,惩罚对学生的心理感受有一定效果,对自己受到惩罚均体验难过,对他人受到惩罚后多数表示同情,年龄越大学生对惩罚尤其是心理上的惩罚越反感,越感觉惩罚无用。     

Child physical punishment,parenting, and school readiness

This study explored how physical punishment (PP) and other parenting approaches may predict school readiness outcomes. By using the Canada‐wide representative data, 5,513 children were followed over a 2‐year period. Caregivers reported on their use of PP and other parenting approaches (i.e., literacy and learning activities and other disciplinary practices) when children were 2–3 years old, whereas school readiness was measured at 4–5 years using interviewer‐administered tests of number competence and receptive vocabulary skills. Analyses controlled for PP use at 4–5 years, child externalizing behaviours, and various sociodemographics. Results indicated that PP does not directly predict school readiness; however, the effect of PP was moderated by other parenting approaches. Children's receptive vocabulary was weaker if caregivers used PP together with less frequent explaining/teaching regarding problem behaviour, or PP with less frequent engagement in literacy and learning activities. Children had weaker number competence when PP co‐occurred with more frequent psychological aggression (e.g., yelling/scolding). Results suggest that PP hinders children's school readiness when used alongside other parenting approaches, which reflects the reality of parenting (i.e., PP does not occur in isolation). Findings support early education efforts aimed at promoting early learning and literacy opportunities, as well as positive disciplinary strategies that do not involve PP.

Highlights

• We explored how physical punishment and other parenting approaches may predict school readiness outcomes using Canada‐wide data.
• Results provided little evidence of positive effects of physical punishment on school readiness across a range of parenting and disciplinary contexts.
• To promote school readiness, early education efforts should promote early learning opportunities and positive disciplinary strategies that do not involve physical punishment.

     

Do Guyanese mothers' levels of warmth moderate the association between harshness and justness of physical punishment and preschoolers' prosocial behaviours and anger?

This study assessed the moderating role of Indo‐Guyanese mothers' warmth and affection on the associations between harshness and justness of physical punishment and prosocial behaviours and anger in preschoolers. One hundred and thirty‐nine rural Indo‐Guyanese mothers filled out Rohner's Parental Acceptance–Rejection (PARQ) and Physical Punishment Questionnaires (PPQ). Teachers provided assessments of children's prosocial behaviours and anger in preschool settings. Maternal warmth did not moderate the relationship between harshness of physical punishment and children's prosocial behaviours and anger, but it did moderate the relationship between justness of physical punishment and prosocial behaviours for sons as well as the association between justness of physical punishment and anger for daughters. In Caribbean societies where harsh punishment is normative, maternal warmth may work more effectively with justness, and not with harshness of physical punishment, to lower negative childhood behavioural outcomes.     

Effects of Gender on Costly Punishment

Women are often believed to be more cooperative and less egoistic than men. In the present study, we examined whether people punish women for failing to live up to these benevolent gender stereotypes. Participants played a prisoner's dilemma game with female and male partners who either cooperated or defected. Participants were offered a costly punishment option. They could spend money to decrease the payment of their partners. In Experiment 1, participants spent more money to punish the defection of female in comparison to male partners, but this effect of partner gender on punishment was indirect rather than direct: Participants were more likely to cooperate with female partners than with male partners, which gave them more opportunity for moralistic punishment. In Experiments 2 and 3, we examined the effects of the participants' own gender on cooperation and punishment of female and male partners. Female participants cooperated more with female partners than with male partners while male participants treated female and male partners equally. We conclude that the effect of facial gender on punishment are indirect rather than direct. The results also showed that women, in contrast to men, tended to make decisions that can be considered more social and less rational from an economic point of view, consistent with social‐role theory and evolutionary accounts. Copyright © 2017 John Wiley & Sons, Ltd.     

Revisiting the Censure Theory of Punishment

This paper is a rejoinder to Thaddeus Metz’s article “Censure Theory Still Best Accounts for Punishment of the Guilty: Reply to Montague.” In his article, Metz attempts to answer objections to censure theory that I had raised previously. I argue in my rejoinder that Metz’s defense of censure theory remains seriously problematic despite what he says in his reply.

第三方惩罚对合作的溢出效应：基于社会规范的解释

第三方惩罚对合作的维系可能来自经济功能或规范提示功能。先前研究没有区分这两种功能, 因而未能回答：当惩罚不足以影响违规收益时, 是否还能促进合作?实验1 (N = 252)发现即使第三方惩罚无法降低违规收益, 依然能抑制自利行为。实验2 (N = 179)发现受过惩罚的违规者在其后的独裁者博弈表现出了更高的合作水平。2(是否旁观惩罚)×2(旁观前后)设计的实验3 (N = 179)显示, 旁观惩罚后被试的合作水平显著高于旁观前, 也高于未旁观惩罚的被试。后两个实验中, 社会规范在惩罚与合作之间均起中介作用。这进一步证实惩罚对合作的促进在很大程度上是通过规范激活来实现的, 并存在两种溢出效应：惩罚抑制了曾经的违规者(纵向溢出效应)和旁观者(横向溢出效应)在新博弈情境下的自私行为。这两种溢出效应的发现补充了文献中占主导地位的经济学解释, 并为理解人类社会长时间、大规模的合作提供了新视角。     

Stimulus presentation versus stimulus removal in the Good Behavior Game

The Good Behavior Game (GBG) is an effective intervention to reduce disruptive behavior. The GBG typically involves immediate stimulus presentation (e.g.., delivery of a token) following disruptions; however, experimenters have also removed tokens contingent upon disruptions. In the present study, we compared the effects of the GBG-stimulus presentation (P) and GBG-stimulus removal (R) on levels of disruptions in a 2nd-grade general education classroom. In addition, we measured student prompts, teacher praise and correctives, and student and teacher preference. The GBG-P and GBG-R versions of the game were similarly effective in reducing disruptions. However, the teacher chose to implement the GBG-R and the majority of students reported a preference for the GBG-R.     

Whom to punish? How observers sanction norm-violating behavior in ostracism situations

When observing ostracism, individuals can either side with the target or the sources of ostracism. Here we demonstrate that side-taking depends on whether the target previously acted in adherence to or in violation of perceived social norms. In four studies, a target behaved either norm-consistently or violated a social norm, and was subsequently either excluded by the sources or was not. Next, participants could sanction the behavior of the observed persons by refraining to assign money (Studies 1 and 2), or by subtracting money from a bonus (Studies 3 and 4). Observers assigned less money to the sources when these excluded a norm-consistent target. However, when the target had violated a social norm before, participants assigned less money to the target instead. These results have far-reaching implications because the (in)actions of neutral individuals can legitimize the sources’ behavior, or help a target under attack.     

A Defence of Jury Nullification

In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. First, I discuss the use of general verdicts and reject their replacement in criminal trials by special verdicts. Second, I examine verdicts based upon mistakes and racial prejudice, turning my attention to perverse verdicts and the question of whether or not juries are guilty of legislating when nullifying the law. Finally, I look at the problem of the awarding of excessive damages by juries. My goal will be to provide a sound theoretical defence of the practice of jury nullification.R. Pound, Law in Books and Law in Action, American Law Review 44 (1910),18.The term jury nullification is synonymous with jury equity. The use of jury nullification has been suspected of playing a role in the infamous trials of O. J. Simpson and Rodney King in the last decade. See People v Simpson, No. BA097211 (Cal. Super. Ct. 1995); People v Powell, No. BA035498 (Cal. Super. Ct. 1991).