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Unexpiated Tears: Ivan Karamazov on Justice from Subsequent Events

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” . . . I’ve collected a great, great deal about Russian children, Alyosha. There was a little girl of five who was hated by her father and mother, ‘most worthy and respectable people, of good education and breeding.’ You see, I must repeat again, it is a peculiar characteristic of many people, this love of torturing children, and children only. To all other types of humanity these torturers behave mildly and benevolently, like cultivated and humane Europeans; but they are very fond of tormenting children, even fond of children themselves in that sense. It’s just their defenselessness that tempts the tormentor, just the angelic confidence of the child who has no refuge and no appeal, that sets his vile blood on fire. In every man, of course, a demon lies hidden—the demon of rage, the demon of lustful heat at the screams of the tortured victim, the demon of lawlessness let off the chain, the demon of diseases that follow on vice, gout, kidney disease, and so on.

“This poor child of five was subjected to every possible torture by those cultivated parents. They beat her, thrashed her, kicked her for no reason till her body was one bruise. Then, they went to greater refinements of cruelty—shut her up all night in the cold and frost in a privy, and because she didn’t ask to be taken up at night (as though a child of five sleeping its angelic, sound sleep could be trained to wake and ask), they smeared her face and filled her mouth with excrement, and it was her mother, her mother did this. And that mother could sleep, hearing the poor child’s groans! Can you understand why a little creature, who can’t even understand what’s done to her, should beat her little aching heart with her tiny fist in the dark and the cold, and weep her meek unresentful tears to dear, kind God to protect her? Do you understand that, friend and brother, you pious and humble novice? Do you understand why this infamy must be and is permitted? Without it, I am told, man could not have existed on earth, for he could not have known good and evil. Why should he know that diabolical good and evil when it costs so much? Why, the whole world of knowledge is not worth that child’s prayer to ‘dear, kind God’! I say nothing of the sufferings of grown-up people, they have eaten the apple, damn them, and the devil take them all! But these little ones! I am making you suffer, Alyosha, you are not yourself. I’ll leave off if you like.”

“Never mind. I want to suffer too,” muttered Alyosha.

“One picture, only one more, because it’s so curious, so characteristic, and I have only just read it in some collection of Russian antiquities. I’ve forgotten the name. I must look it up. It was in the darkest days of serfdom at the beginning of the century, and long live the Liberator of the People! There was in those days a general of aristocratic connections, the owner of great estates, one of those men—somewhat exceptional, I believe, even then—who, retiring from the service into a life of leisure, are convinced that they’ve earned absolute power over the lives of their subjects. There were such men then. So our general, settled on his property of two thousand souls, lives in pomp, and domineers over his poor neighbors as though they were dependents and buffoons. He has kennels of hundreds of hounds and nearly a hundred dog-boys—all mounted, and in uniform. One day a serf-boy, a little child of eight, threw a stone in play and hurt the paw of the general’s favorite hound. ‘Why is my favorite dog lame?’ He is told that the boy threw a stone that hurt the dog’s paw. ‘So you did it.’ The general looked the child up and down. ‘Take him.’ He was taken—taken from his mother and kept shut up all night. Early that morning the general comes out on horseback, with the hounds, his dependents, dog-boys, and huntsmen, all mounted around him in full hunting parade. The servants are summoned for their edification, and in front of them all stands the mother of the child. The child is brought from the lock-up. It’s a gloomy, cold, foggy autumn day, a capital day for hunting. The general orders the child to be undressed; the child is stripped naked. He shivers, numb with terror, not daring to cry…. ‘Make him run,’ commands the general. ‘Run! run!’ shout the dog-boys. The boy runs…. ‘At him!’ yells the general, and he sets the whole pack of hounds on the child. The hounds catch him, and tear him to pieces before his mother’s eyes!… I believe the general was afterwards declared incapable of administering his estates. Well—what did he deserve? To be shot? To be shot for the satisfaction of our moral feelings? Speak, Alyosha!”

“To be shot,” murmured Alyosha, lifting his eyes to Ivan with a pale, twisted smile.

“Bravo!” cried Ivan, delighted. “If even you say so…. You’re a pretty monk! So there is a little devil sitting in your heart, Alyosha Karamazov!”

“What I said was absurd, but—”

“That’s just the point, that ‘but’!” cried Ivan. “Let me tell you, novice, that the absurd is only too necessary on earth. The world stands on absurdities, and perhaps nothing would have come to pass in it without them. We know what we know!”

“What do you know?”

“I understand nothing,” Ivan went on, as though in delirium. “I don’t want to understand anything now. I want to stick to the fact. I made up my mind long ago not to understand. If I try to understand anything, I shall be false to the fact, and I have determined to stick to the fact.”

“Why are you trying me?” Alyosha cried, with sudden distress. “Will you say what you mean at last?”

“Of course, I will; that’s what I’ve been leading up to. You are dear to me, I don’t want to let you go, and I won’t give you up to your Zossima.”

Ivan for a minute was silent, his face became all at once very sad.

“Listen! I took the case of children only to make my case clearer. Of the other tears of humanity with which the earth is soaked from its crust to its center, I will say nothing. I have narrowed my subject on purpose. I am a bug, and I recognize in all humility that I cannot understand why the world is arranged as it is. Men are themselves to blame, I suppose; they were given paradise, they wanted freedom, and stole fire from heaven, though they knew they would become unhappy, so there is no need to pity them. With my pitiful, earthly, Euclidian understanding, all I know is that there is suffering and that there are none guilty; that cause follows effect, simply and directly; that everything flows and finds its level—but that’s only Euclidian nonsense, I know that, and I can’t consent to live by it! What comfort is it to me that there are none guilty and that cause follows effect simply and directly, and that I know it?—I must have justice, or I will destroy myself. And not justice in some remote infinite time and space, but here on earth, and that I could see myself. I have believed in it. I want to see it, and if I am dead by then, let me rise again, for if it all happens without me, it will be too unfair. Surely I haven’t suffered, simply that I, my crimes and my sufferings, may manure the soil of the future harmony for somebody else. I want to see with my own eyes the hind lie down with the lion and the victim rise up and embrace his murderer. I want to be there when every one suddenly understands what it has all been for. All the religions of the world are built on this longing, and I am a believer. But then there are the children, and what am I to do about them? That’s a question I can’t answer. For the hundredth time I repeat, there are numbers of questions, but I’ve only taken the children, because in their case what I mean is so unanswerably clear. Listen! If all must suffer to pay for the eternal harmony, what have children to do with it, tell me, please? It’s beyond all comprehension why they should suffer, and why they should pay for the harmony. Why should they, too, furnish material to enrich the soil for the harmony of the future? I understand solidarity in sin among men. I understand solidarity in retribution, too; but there can be no such solidarity with children. And if it is really true that they must share responsibility for all their fathers’ crimes, such a truth is not of this world and is beyond my comprehension. Some jester will say, perhaps, that the child would have grown up and have sinned, but you see he didn’t grow up, he was torn to pieces by the dogs, at eight years old. Oh, Alyosha, I am not blaspheming! I understand, of course, what an upheaval of the universe it will be, when everything in heaven and earth blends in one hymn of praise and everything that lives and has lived cries aloud: ‘Thou art just, O Lord, for Thy ways are revealed.’ When the mother embraces the fiend who threw her child to the dogs, and all three cry aloud with tears, ‘Thou art just, O Lord!’ then, of course, the crown of knowledge will be reached and all will be made clear. But what pulls me up here is that I can’t accept that harmony. And while I am on earth, I make haste to take my own measures. You see, Alyosha, perhaps it really may happen that if I live to that moment, or rise again to see it, I, too, perhaps, may cry aloud with the rest, looking at the mother embracing the child’s torturer, ‘Thou art just, O Lord!’ but I don’t want to cry aloud then. While there is still time, I hasten to protect myself, and so I renounce the higher harmony altogether. It’s not worth the tears of that one tortured child who beat itself on the breast with its little fist and prayed in its stinking outhouse, with its unexpiated tears to ‘dear, kind God’! It’s not worth it, because those tears are unatoned for. They must be atoned for, or there can be no harmony. But how? How are you going to atone for them? Is it possible? By their being avenged? But what do I care for avenging them? What do I care for a hell for oppressors? What good can hell do, since those children have already been tortured? And what becomes of harmony, if there is hell? I want to forgive. I want to embrace. I don’t want more suffering. And if the sufferings of children go to swell the sum of sufferings which was necessary to pay for truth, then I protest that the truth is not worth such a price. I don’t want the mother to embrace the oppressor who threw her son to the dogs! She dare not forgive him! Let her forgive him for herself, if she will, let her forgive the torturer for the immeasurable suffering of her mother’s heart. But the sufferings of her tortured child she has no right to forgive; she dare not forgive the torturer, even if the child were to forgive him! And if that is so, if they dare not forgive, what becomes of harmony? Is there in the whole world a being who would have the right to forgive and could forgive? I don’t want harmony. From love for humanity I don’t want it. I would rather be left with the unavenged suffering. I would rather remain with my unavenged suffering and unsatisfied indignation, even if I were wrong. Besides, too high a price is asked for harmony; it’s beyond our means to pay so much to enter on it. And so I hasten to give back my entrance ticket, and if I am an honest man I am bound to give it back as soon as possible. And that I am doing. It’s not God that I don’t accept, Alyosha, only I most respectfully return Him the ticket.”

—”Rebellion,” from Fyodor Dostoevsky, Brothers Karamazov, Constance Garnett, transl.

Written by Sister Y

January 14, 2011 at 4:11 am

Posted in children, desert, justice

Pareto, Kaldor-Hicks, and Deserving

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In my recent post, I argued that our received notions of not applying human morality to the natural world are wrong, and that we should judge Nature – and judge it very bad indeed, and worthy of being stopped.

In doing so, I acknowledge that the actions of animals are not up for moral judgment; but their experiences are proper subjects of moral concern.

This framework of considering beings as moral objects whose experiences matter, but not agents whose choices “deserve” reward or punishment, is properly applied not just to animals, but to small children, the insane, and other “near persons” who lack the faculty of rationality.

This is nearly the opposite of Kantian “respect for persons” as I understand it, which accords the mysterious quality of “dignity” to all those with rational faculties. This “dignity” – this human-like rational function – is why we should respect the wishes of others, why what others want should matter to us.

I find it obvious from inspection that the pain of other experiencing beings should matter to us even if the others have no rational faculties at all. And I see the path from conscious-experiencing to conscious-choosing to be a continuum, rather than binary categories, with humans not even fully embodying the rational/choosing end of the spectrum.

I am concerned with suffering. Justice often concerns itself with suffering only so far as the suffering is “undeserved.” I do not think any suffering is deserved. The notion of desert is entangled inside the context of a particular system.

In the bad old days, academics in criminology frequently wrote about victim-precipitated rape. Menachim Amir writes, in 1967:

We are accustomed to believe that forcible rape is an act which falls upon the victim without her aid or cooperation, but there often is “some reciprocal action between perpetrator and victim” in such cases.

Once the victim and the offender are drawn together, a process is set in motion whereby victim behavior and the situation which surrounds the encounter will determine the course of events leading to the crime. If the victim is not solely responsible for what becomes the unfortunate event, at least she is often a complementary partner.

Victim Precipitated Forcible Rape,” in The Journal of Criminal Law, Criminology and Police Science 58:4 (1967). Citations omitted; bolded emphasis mine.

I think victim-criminal interaction theory is a fruitful and interesting field, especially with an evolutionary psychology orientation. However, I also agree for once with mainstream academic feminists: nobody deserves to be raped.

The fact that a victim contributed somehow to cause a crime does not imply that the victim is a deserving victim. Rape is simply not an appropriate sanction for any behavior – even rape itself. Not even a rapist deserves to be raped.

But why should this be? To see this, we need to ask ourselves: what justification is there for saying a rapist deserves to be raped? Or that a thief deserves to have his hand cut off?

Considering the classical theories of punishment (justifications for a society imposing criminal sanctions), most of them – general deterrence, specific deterrence, incapacitation, and rehabilitation – justify punishment on the grounds that it is good for someone, or good for society as a whole. Punishment is justified in order to create the proper incentives, to maximize the happiness of everyone at the expense of the suffering of a few. Only the retributive theory of justice – vengeance, punishment for its own sake, spite – is compatible with a notion of desert on the part of the suspect. The rest justify punishment only on utilitarian grounds, and might equally justify punishment of the innocent!

The vengeance motive – the retributive theory of justice – is not explicitly utilitarian. It is the deeply-felt human idea that harm simply deserves harm – an eye for an eye. Under the framework of vengeance, it’s a bad thing when a criminal dies before having the opportunity to be punished, even though everyone is made better off by his death. But there is a great deal of evidence that this spite function – the desire for revenge even when it doesn’t make anybody better off – is an adaptation for realizing the most effective, versatile game strategy in social animals. A social animal that allows others to get away with defection unpunished encourages more defection, and meanwhile does not compete as well as a social animal programmed to follow tit-for-tat. In this light, we can see vengeance as evolution’s tool to get a social organism to cooperate the optimum amount to maximize its fitness. I would argue that the justice of vengeance stands or falls with the justice of the utilitarian theories of punishment.

All the utilitarian justifications come down to this: we must punish people, make them suffer, so that overall, people in society suffer less. What this assumes is that we have a right to make people suffer against their will for the greater good. This assumption is wholly unsupported, and can never, in my view, be supported. How the unconsented suffering of some can be justified by the happiness of others is something I have never understood, and something that concerns me a great deal. I have argued that this is the same as the move in economics from “humane Pareto efficiency to ugly, realist Kaldor-Hicks efficiency.”

Pareto efficiency is the idea that a transaction is just (and we should encourage it) if it helps someone and hurts no one. Any fully consensual transaction should have this characteristic, so a contractual exchange would be a Pareto improvement. (However, the justice of any transaction relies on the justice of the initial distribution, which is, in reality, totally unfair.)

Kaldor-Hicks efficiency comes from a recognition that consent is hard to do. With Kaldor-Hicks, we jump from requiring a transaction to help someone and not hurt anyone – that is, to be fully consensual – to allowing the transaction if the gains for some outweigh the costs to others, so that theoretically the losers could be compensated. (It doesn’t matter if, in reality, the losers are compensated.) Many non-consensual transactions can be justified under Kaldor-Hicks; the good for some just has to outweigh the bad for others. For instance, rape is never a Pareto improvement, but if the rapist enjoys it more than the victim suffers from it, it could be a Kaldor-Hicks improvement. It is my contention that Pareto has a shot at being just, but Kaldor-Hicks is churched-up evil.

What is missing in any sort of justification for why it’s okay to make some suffer so that most of us can be better off. And what’s especially fascinating is that although in general in economics we do not compare utility functions of people, Kaldor-Hicks thinking essentially requires us to compare utility functions of different individuals. Why is it okay here and not okay in other places? There’s no market here, by definition, so we’re not using revealed preference as a guide.

But even a market based on actual consent is not grounded or justified in any way that should make us ethically comfortable. A market or social system may provide for individual choice in any given transaction, but a participant cannot decide whether to be part of a market economy. It’s not consent all the way down, you might say.

Having a baby might be a Kaldor-Hicks improvement, but it cannot be a Pareto improvement. We need to pay more attention to this type of unconsented transaction, and our primary concern should be for its victims, rather than for the rights of agents making these harmful decisions for their own benefit.

Written by Sister Y

January 6, 2011 at 8:11 pm