Sher's notion of deserved punishment has unacceptable implications. It does not justify punishing some serious wrongdoers, who are unwilling to commit lesser wrongs, more severely than minor offenders. It requires victim-inflicted punishments which repeat the wrongdoings, with the roles reversed. But if Sher moves away from such victim-inflicted punishments, then his theory should treat wrongdoers like tort-feasors who have to pay monetary compensations to their victims.
One dark and rainy night, Yuso sexually assaults and tortures Zelan. In escaping from the scene of his crime, he falls heavily and becomes an impotent paraplegic. Instead of treating his fate as divine retribution for his wicked acts, Yuso sees it as sheer bad luck. He shows no remorse for what he has done, and vainly hopes that he will recover his powers, which he now treats as involuntarily hoarded resources to be used on less rainy days. In the (...) presence of others, he pretends that he has turned over a new leaf. He asks for religious and educational books, hoping to make up for his poor education and deprived social background. But he immediately discards them when he is alone in favor of the pornographic magazines which he has bribed a nurse to smuggle in for him. His deception and various obscene acts committed in the hospital are exposed; by the time he comes up for trial, everyone knows that he is still a lustful, sadistic, and unrepentant man. Most retributivists have a sufficient justification for punishing Yuso independently of the social consequences of his punishment. Two features of the case might cause some difficulties. First, Yuso has already experienced considerable suffering and deprivation both before and after his crime, and retributivists might disagree about the relevance of the suffering to his punishment. Secondly, Yuso is unrepentant, and it is unlikely that punishment will change him. This might, as we shall see, create a problem for those who think that the justifying aim of punishment is the moral reform of the offender. (shrink)
In mirror mark tests dolphins twist, posture, and engage in open-mouth and head movements, often repetitive. Because postures and an open mouth are also dolphin social behaviours, we used self-view television as a manipulatable mirror to distinguish between self-examination and social behavior. Two dolphins were exposed to alternating real-time self-view and playback of the same to determine if they distinguished between them. The adult male engaged in elaborate open-mouth behaviors in mirror mode, but usually just watched when playing back the (...) same material. Mirror mode behavior was also compared to interacting with real dolphins . Mark tests were conducted, as well as switches from front to side self-views to see if the dolphins turned. They presented marked areas to self-views to see if the dolphins turned. They presented marked areas to the self-view television and turned. The results suggest self-examination over social behavior. (shrink)
This article is a systematic repudiation of Joseph Hamburger's thesis in his book John Stuart Mill on Liberty And Control . Hamburger maintains that Mill wanted to promote the `moral regeneration of mankind' by eroding Christian belief and replacing it with a religion of humanity. He argues that Mill's defense of liberty must be seen in this context, although Mill himself tried to conceal some of his views. Mill in fact permitted interference even in the area of self-regarding conduct. He (...) was against interference by public opinion, but not against interference by superior persons. Mill valued freedom because it enabled superior persons to promote the desired progress toward the religion of humanity. But this article argues that Hamburger fails to distinguish between legitimate and illegitimate forms of interference, a distinction that is central to Mill's case for liberty. Superior persons are not allowed to coerce others from engaging in non-harmful but `miserable' conduct. The progress that Mill envisaged was to be achieved within the framework of freedom for all. Key Words: liberty social control self-regarding conduct Christianity religion of humanity public opinion. (shrink)