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How should a constitutional state – one that respects subjects’ basic rights – treat civil disobedients? This chapter presents and critically engages with some of the most prominent answers legal scholars, political theorists, and philosophers have given to this question. On what I call punitive approaches, which I present in section 1, civil disobedience is first and foremost an act of resistance that threatens the constitutional order, and thus a public wrong worthy of punishment. Theorists of civil disobedience have challenged this approach since the 1960s, especially by conceiving of civil disobedience as a kind of dissent, which liberal democratic societies ought to and can ‘make room’ for. Sections 2 and 3 examine these ‘constitutionalizing’ approaches, with section 2 focusing on the case for leniency, and section 3 on the case for broad accommodation. Section 4 examines the costs of constitutionalizing approaches and reclaims the understanding of civil disobedience as a kind of resistance, alongside its uncivil counterparts, that is sometimes justified and even necessary in constitutional democracies.
Genocide is sometimes called the ’crime of crimes’. The word was coined by Raphael Lemkin in 1944, then declared an international crime by the United Nations General Assembly. In 1948, the Genocide Convention was adopted. As the first human rights treaty of modern times, it constituted a significant intrusion into what had previously been a matter exclusively of domestic concern. This explains the narrow definition of the crime of genocide. It requires proof of an intent to destroy a national, ethnic, racial or religious group. Only a half century after its adoption did the Genocide Convention take on real significance with inter-State cases being filed at the International Court of Justice and many prosecutions at the International Criminal Tribunals for the former Yugoslavia and Rwanda. The Convention requires that States Parties punish genocide but they are also required to prevent it, even when it takes place outside their own territory. More than 150 States have ratified the Genocide Convention. Genocide is also prohibited under customary international law. It is generally agreed that the duty to punish genocide is a peremptory norm of international law (jus cogens).
In Massachusetts, a proposed bill would reduce the sentence of those incarcerated who become living donors of either organs or bone marrow. We outline two concerns with such a proposal, which relate directly to the content of the proposal (as opposed to broader debates about payment for organs and validity of consent obtained from the incarcerated). The first of these concerns is about equality of opportunity. The proposal provides the opportunity for a sentence reduction for some but not for others – and the distribution of these opportunities reflects circumstances largely beyond the control of the incarcerated. The second concern is that the proposal may conflict with why we punish in the first place. The proposal is at odds with the non-consequentialist general deterrence defended by Tadros, retributivism, and communicative theories of punishment. Among the theories examined, only the purely consequentialist version of general deterrence might find the practice palatable. The upshot of the latter observation is that the proposal presupposes the truth of a purely consequentialist theory of punishment and sets aside others.
Despite large-scale racial inequalities across multiple social domains, racial innocence highlights the complacency of the law and social science research in denying racial power through race neutral assumptions. We explore three theoretical and methodological mechanisms maintaining racial innocence within quantitative social science: treating unequal structural conditions and organizational practices as impartial, isolating samples to reflect limited stages, and focusing on individual levels of analysis. Given that mass incarceration is one of the most visible modern-day exemplars of racial subordination in the United States, we use the example of incarceration sentencing to highlight these mechanisms. Using case processing data from Miami-Dade County between 2012 and 2015 (N = 86,340), we first examine racial inequality in incarceration sentencing when treating unequal case characteristics impartially across racial groups relative to when we allow case characteristics to be unequal across racial groups. Second, we examine racial inequality when isolating limited samples with narrow decision points relative to when we draw from samples across multiple stages. Finally, we examine racial inequality with individual-level frameworks relative to a neighborhood level frameworks. In this case, racial inequalities in incarceration sentencing with a racially consciousness approach are twice as large than with a racially innocent one.
The 1948 Genocide Convention is a vital legal tool in the international campaign against impunity. Its provisions, including its enigmatic definition of the crime and its pledge both to punish and to prevent the 'crime of crimes', have now been considered in important judgments by the International Court of Justice, the international criminal tribunals and domestic courts. Since the second edition appeared in 2009, there have been important new judgments as well as attempts to apply the concept of genocide to a range of conflicts. Attention is given to the concept of protected groups, to problems of criminal prosecution and to issues of international judicial cooperation, such as extradition. The duty to prevent genocide and its relationship with the doctrine of the 'responsibility to protect' are also explored.
In this paper, the strategy method's impact on behavior in sequential bargaining games is investigated. Besides the decision procedure (hot versus cold), we varied the second mover punishment costs (high versus low). Significant impacts of both treatment variables were observed. For example, second movers punished significantly more often in the hot version of the low cost game. Furthermore, first mover behavior was significantly different in the hot and cold versions of both games. In the hot games, first mover behavior suggests an expectation of decreased rewards and/or punishments from second movers. We observed, however, no decrease in reward and an increase in punishment. The hot cold variable only informs first movers that the decision procedure used by second movers has changed. Therefore, first mover behavior must be shaped by their perceived assessment concerning how second movers make decisions. We argue that first mover behavior can be explained by the interaction of two well-known psychological effects: the consensus and positive self-image effects.
A vast amount of empirical and theoretical research on public good games indicates that the threat of punishment can curb free-riding in human groups engaged in joint enterprises. Since punishment is often costly, however, this raises an issue of second-order free-riding: indeed, the sanctioning system itself is a common good which can be exploited. Most investigations, so far, considered peer punishment: players could impose fines on those who exploited them, at a cost to themselves. Only a minority considered so-called pool punishment. In this scenario, players contribute to a punishment pool before engaging in the joint enterprise, and without knowing who the free-riders will be. Theoretical investigations (Sigmund et al., Nature 466:861–863, 2010) have shown that peer punishment is more efficient, but pool punishment more stable. Social learning, i.e., the preferential imitation of successful strategies, should lead to pool punishment if sanctions are also imposed on second-order free-riders, but to peer punishment if they are not. Here we describe an economic experiment (the Mutual Aid game) which tests this prediction. We find that pool punishment only emerges if second-order free riders are punished, but that peer punishment is more stable than expected. Basically, our experiment shows that social learning can lead to a spontaneously emerging social contract, based on a sanctioning institution to overcome the free rider problem.
This paper introduces new experimental designs to examine how conditional cooperation and punishment behaviours respond to the full range of variation in the contributions of others. It is shown that contributions become significantly more selfish-biased as others contribute more unequally, while punishment increases both with decreasing contributions by the target player and increasing contributions by a third player. Low contributors who punish antisocially do not direct their punishment specifically toward high contributors, while their beliefs indicate that they expect to themselves be punished.
We investigate the endogenous formation of sanctioning institutions supposed to improve efficiency in the voluntary provision of public goods. Our paper parallels Markussen et al. (Rev Econ Stud 81:301–324, 2014) in that our experimental subjects vote over formal versus informal sanctions, but it goes beyond that paper by endogenizing the formal sanction scheme. We find that self-determined formal sanctions schemes are popular and efficient when they carry no up-front cost, but as in Markussen et al. informal sanctions are more popular and efficient than formal sanctions when adopting the latter entails such a cost. Practice improves the performance of sanction schemes: they become more targeted and deterrent with learning. Voters’ characteristics, including their tendency to engage in perverse informal sanctioning, help to predict individual voting.
Punishment has been shown to be an effective reinforcement mechanism. Intentional or not, punishment will likely generate spillover effects that extend beyond one’s immediate decision environment, and these spillovers are not as well understood. We seek to understand these secondary spillover effects in a controlled lab setting using a standard social dilemma: the voluntary contributions mechanism. We find that spillovers occur when others observe punishment outside their own social dilemma. However, the direction of the spillover effect depends crucially on personal punishment history and whether one is personally exempt from punishment or not.
We experimentally investigate the relationship between (un)kind actions and subsequent deception in a two-player, two-stage game. The first stage involves a dictator game. In the second-stage, the recipient in the dictator game has the opportunity to lie to her counterpart. We study how the fairness of dictator-game outcomes affects subsequent lying decisions where lying hurts one’s counterpart. In doing so, we examine whether the moral cost of lying varies when retaliating against unkind actions is financially beneficial for the self (selfish lies), as opposed to being costly (spiteful lies). We find evidence that individuals engage in deception to reciprocate unkind behavior: The smaller the payoff received in the first stage, the higher the lying rate. Intention-based reciprocity largely drives behavior, as individuals use deception to punish unkind behavior and truth-telling to reward kind behavior. For selfish lies, individuals have a moral cost of lying. However, for spiteful lies, we find no evidence for such costs. Taken together, our data show a moral cost of lying that is not fixed but instead context-dependent.
We extend the results of Bartling and Fischbacher (Rev. Econ. Stud. 79(1):67–87, 2012) by showing that, by delegating to an intermediary, a dictator facing an allocation decision can effectively shift blame onto the delegee even when doing so necessarily eliminates the possibility of a fair outcome. Dictators choosing selfishly via an intermediary are punished less and earn greater profits than those who do so directly. Despite being powerless to influence the fairness of the outcome, an intermediary given the choice between two unfair outcomes is punished more than when the dictator chooses one directly. This is not the case when the intermediary merely can initiate the random selection of one of the outcomes. Our findings reinforce and clarify the usefulness of agency as a tool to evade perceived culpability.
Many experiments have demonstrated the power of norm enforcement— peer monitoring and punishment—to maintain, or even increase, contributions in social dilemma settings, but little is known about the underlying norms that monitors use to make punishment decisions, either within or across groups. Using a large sample of experimental data, we empirically recover the set of norms used most often by monitors and show first that the decision to punish should be modeled separately from the decision of how much to punish. Second, we show that absolute norms often fit the data better than the group average norm often assumed in related work. Third, we find that different norms seem to influence the decisions about punishing violators inside and outside one's own group.
Online labor markets provide new opportunities for behavioral research, but conducting economic experiments online raises important methodological challenges. This particularly holds for interactive designs. In this paper, we provide a methodological discussion of the similarities and differences between interactive experiments conducted in the laboratory and online. To this end, we conduct a repeated public goods experiment with and without punishment using samples from the laboratory and the online platform Amazon Mechanical Turk. We chose to replicate this experiment because it is long and logistically complex. It therefore provides a good case study for discussing the methodological and practical challenges of online interactive experimentation. We find that basic behavioral patterns of cooperation and punishment in the laboratory are replicable online. The most important challenge of online interactive experiments is participant dropout. We discuss measures for reducing dropout and show that, for our case study, dropouts are exogenous to the experiment. We conclude that data quality for interactive experiments via the Internet is adequate and reliable, making online interactive experimentation a potentially valuable complement to laboratory studies.
When public goods can only be provided when donations cross a minimum threshold, this creates an advantage in that Pareto Efficient outcomes can be Nash Equilibria. Despite this, experiments have shown that groups struggle to coordinate on one of the many efficient equilibria. We apply a mechanism used successfully in continuous public goods games, the Hired Gun Mechanism (Andreoni and Gee in J. Public Econ. 96(11–12):1036–1046, 2012), to see if it can successfully get subjects across the threshold. When we use the mechanism to eliminate only inefficient equilibria, without addressing coordination, there is a modest but statistically insignificant improvement with the mechanism. However, when we hone the mechanism to eliminate all but one of the provision-point equilibria, thereby addressing the coordination issue, the mechanism moves all subjects to the desired efficient outcome almost immediately. In fact, after only one round using the hired gun mechanism, all subject are coordinating on the chosen equilibrium. The mechanism can be applied in settings where a group (1) has a plan for public good provision, (2) can measure contributions, (3) can fine members and (4) has an agreed upon standard for expected contributions. In these settings simple punishments, when focused on solving coordination as well as free riding, can greatly improve efficiency.
Abundant evidence suggests that high levels of contributions to public goods can be sustained through self-governed monitoring and sanctioning. This experimental study investigates the effectiveness of decentralized sanctioning institutions in alternative punishment networks. Our results show that the structure of punishment network significantly affects allocations to the public good. In addition, we observe that network configurations are more important than punishment capacities for the levels of public good provision, imposed sanctions and economic efficiency. Lastly, we show that targeted revenge is a major driver of anti-social punishment.
Recent experiments have shown that voluntary punishment of free riders can increase contributions, mitigating the free-rider problem. But frequently punishers punish high contributors, creating “perverse” incentives which can undermine the benefits of voluntary punishment.
In our experiment, allowing punishment of punishing behaviors reduces punishment of high contributors, but gives rise to efficiency-reducing second-order “perverse” punishment. On balance, efficiency and contributions are slightly but not significantly enhanced.
In this paper, we report an experimental investigation of the effect of framing on social preferences, as revealed in a one-shot linear public goods game. We use two types of indicator to measure social preferences: self-reported emotional responses; and, as a behavioural indicator of disapproval, punishment. Our findings are that, for a given pattern of contributions, neither type of indicator depends on the Give versus Take framing that we manipulate. To this extent, they suggest that the social preferences we observe are robust to framing effects.
While the opportunity to punish selfish and reward generous behavior coexist in many instances in daily life, in most laboratory studies, the demand for punishment and reward are studied separately from one another. This paper presents the results from an experiment measuring the demand for reward and punishment by ‘unaffected’ third parties, separately and jointly. We find that the demand for costly punishment is substantially lower when individuals are also given the ability to reward. Similarly, the demand for costly reward is lower when individuals can also punish. The evidence indicates the reason for this is that costly punishment and reward are not only used to alter the material payoff of others as assumed by recent economic models, but also as a signal of disapproval and approval of others’ actions, respectively. When the opportunity exists, subjects often choose to withhold reward as a form of costless punishment, and to withhold punishment as a form of costless reward. We conclude that restricting the available options to punishing (rewarding) only, may lead to an increase in the demand for costly punishment (reward).
This chapter is the heart of the book; it presents comprehensive deterrence theory (CDT), the reconceptualization of classical deterrence theory. It identifies the core principle of CDT, additional principles that flow from consideration of the intrinsic elements, and predictions that can be made based on them. The chapter presents both a set of core theoretical arguments and a wide range of corollaries that predict when and how legal punishment deters. The theory argues that deterrence consists of all eight intrinsic elements that individually and collectively deter crime. An essential insight from CDT is that there is no universal deterrent effect of a given punishment. Rather, deterrence involves contingent effects that depend on the configuration of the intrinsic elements. Because these can vary greatly, so, too, can the effects of punishment. This insight has profound implications for understanding the limited state of research to date, limited generalizability of many extant studies, and ineffectiveness of many policies. It also has implications for understanding how policy could be improved.