In this paper I shall discuss various philosophical theories of collective punishment: marxian annihilism, metaphysical collectivism and methodological individualism. After refuting metaphysical collectivism and its modified version, I defend a modification of methodological individualism.

George Fletcher emerges in his writing, as in his life, as a colorful and highly individual figure. The last thing one expects of him is the surrender of individual identity to an anonymous submersion in the collective. Yet doctrinally he is a collectivist. In his recent writings, he has been seeking to collectivize just about everything: action, responsibility, guilt, liability, self-defense, criminal punishment, international criminal law, action in war, war crimes, and so on.

Attitudes toward collective guilt in the Middle East require us to take a closer look at guilt in the Bible. It turns out the text of Genesis is conflicted. Some passages support a theory of guilt linked with the inevitability of cleansing and punishment; other passages appear to treat guilt as a psychological state that might be cured by a confession of sins. The tension is important today in trying to understand whether the collective guilt of nations (...) should also entail collective punishment. (shrink)

While the existing literature finds that corporate social responsibility (CSR) can provide insurance-like protection in negative events, it remains unclear how CSR buffers firms from market penalties for negative events. To address this concern, we conduct event studies and regressions using data from the environmental violations by Chinese publicly traded companies and their interlocked companies from 2009 to 2021. Our results show that the market reacts negatively to environmental violations. The market penalty diffuses through director networks and leads to the (...) collective punishment of interlocked firms. CSR has an insurance-like effect that buffers market penalties and collective punishment for environmental violations. Long-term CSR has a stronger insurance-like effect than short-term CSR. Additionally, the insurance-like effect of CSR still exists during repeated environmental violation events. This paper contributes to the literature on the insurance-like effect of CSR and provides a reference for corporate CSR practice and investors' CSR decisions. (shrink)

Shannon Shipp argues for the Modified Vendetta Sanction as a method of corporate-collective punishment. He claims that this sanction evades the difficulties of Peter French's Hester Prynne Sanction. In this paper I argue that, though the Modified Vendetta Sanction evades the problems that Shipp poses for it, it fails to evade some of the difficulties that I pose for French's method. Moreover, there are some difficulties that plague the Modified Vendetta Sanction which do not count against the Hester (...) Prynne Sanction. Therefore, if my analysis holds, then Shipp's method neither improves significantly on the Hester Prynne Sanction nor is unproblematic in its own right. The significance of this paper is that it foils yet another attempt by some corporate punishment theorists to establish the plausibility of a method of corporate-collective punishment. (shrink)

Collectivities, just like individuals, exist, can act, bear responsibility for their acts and omissions, and be guilty. It sometimes makes sense to hold them responsible for what they do, or don't do, and to punish them for their misdeeds. With respect to many collectivities there is no practical purpose in holding them responsible, since there is no way that we can bring them to justice. But there are exceptions from this rule. In particular it is plausible to assume that sanctions (...) against entire nations or peoples or populations living in open and democratic states may be an effective means to setting them straight where, collectively, they act wrongly. The best present example of this seems to be the Israelis. (shrink)

Guala notes that low-cost punishment is the main mechanism that deters free-riding in small human communities. This mechanism is complemented by unusual human vulnerability to gossip. Defenders of an evolutionary discontinuity supporting human sociality might seize on this as an alternative to enjoyment of moralistic aggression as a special adaptation. However, the more basic adaptation of language likely suffices.

If individual moral agents do wrong they usually deserve and are liable to some kind of punishment. But how can states be punished for failing to comply with moral duties without therewith also punishing their citizens who are not necessarily deserving of any punishment?

This paper considers the applicability of expressive theories of punishment to the punishment of corporate entities. The author argues that although arguments which suggest that the denunciatory account is superior to a communicative account in paradigmatic cases of punishment cannot be transferred straightforwardly to cover this kind of case, there are other reasons, connected with the different attitudes we have to regret and remorse in individual and collective cases, for preferring a communicative to a denunciatory account (...) here. (shrink)

Assuming that states can hold moral duties, it can easily be seen that states—just like any other moral agent—can sometimes fail to discharge those moral duties. In the context of climate change examples of states that do not meet their emission reduction targets abound. If individual moral agents do wrong they usually deserve and are liable to some kind of punishment. But how can states be punished for failing to comply with moral duties without therewith also punishing their citizens (...) who are not necessarily deserving of any punishment? (shrink)

The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only (...) significant proposals for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?" Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag. (shrink)

In this article, the author aims to demonstrate how Agamben’s concept of Homo Sacer is ideally epitomized by a soldier in war. A soldier in war holds a peculiar position, as killing of soldiers is considered neither illegal by laws nor immoral by ethics, and so a soldier is not considered to be legally or morally “guilty” in the usual sense of the word if he or she kills another soldier in war. The author analyzes the notion of Homo Sacer (...) – a figure representing a human that can be killed without the killer being punished, but at the same time someone who cannot be sacrificed – and further demonstrates that a soldier in war can be said to hold precisely such a status. The reason why a soldier cannot be sacrificed resides in the fact that he has already been “sacrificed to war” by his own society, in exchange for the safety of all other members of society. Perceiving a soldier as Homo Sacer provides a novel explanation and an additional argument for the moral symmetry of combatants, one of the pillars of non-revisionist Just War Theory, as all soldiers can be understood as persons sacrificed by their own societies. (shrink)

The essays in this collection explore, from philosophical and religious perspectives, a variety of moral emotions and their relationship to punishment and condemnation or to decisions to lessen punishment or condemnation.

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

Collective action, or the large-scale cooperation in the pursuit of public goods, has been suggested to have evolved through cultural group selection. Previous research suggests that the costly punishment of group members who do not contribute to public goods plays an important role in the resolution of collective action dilemmas. If large-scale cooperation sustained by the punishment of defectors has evolved through the mechanism of cultural group selection, two implications regarding costly punishment follow: (1) that (...) people are more willing to punish defecting group members in a situation of intergroup competition than in a single-group social dilemma game and (2) that levels of “perverse” punishment of cooperators are not affected by intergroup competition. We find confirmation for these hypotheses. However, we find that the effect of intergroup competition on the punishment of defectors is fully explained by the stronger conditionality of punishment on expected punishment levels in the competition condition. (shrink)

_ Source: _Volume 38, Issue 1, pp 71 - 105 Grotius’s theory of punishment provides a unique lens through which to view his evolving thought on sovereignty between _De Indis_ and _De iure belli ac pacis_ and the implications of that evolution for Grotius’s theory of the ius in bello. Throughout both works, Grotius attempted to leave open the possibility of private punishment and private warfare, a position not easily squared with prevailing views of sovereign authority. Initially, Grotius (...) was content with a theory marrying the private right of punishment with more traditional Scholastic views of sovereignty through a transfer of the private right from individuals into the hands of the sovereign. This theory also adopted traditional views of subject responsibility for sovereign acts—and, by extension, the exposure of subjects to punishment for the acts of their sovereign. By the time of his mature work, however, Grotius turned away from natural law justifications for collective responsibility and collective punishment, denying that subjects had to answer for the acts of their sovereign as a necessary incident of the compact creating civil society. This led Grotius to refer virtually all forms of collective responsibility, such as reprisal or punishment exacted through war, to the law of nations. This sharp reduction of the natural consequences of the creation of sovereign power also enabled Grotius’s argument that the private right of war, and in particular the private right of punishment, remained available after the creation of civil society. (shrink)

Definitions and distinctions -- Classification -- Of the ends of punishment -- Cases unmeet for punishment -- Expense of punishment -- Measure of punishment -- Of the properties to be given to a lot of punishment -- Of analogy between crimes and punishment -- Of retaliation -- Popularity -- Simple afflictive punishments -- Of complex afflictive punishments -- Of restrictive punishments--territorial confinement -- Imprisonment -- Imprisonment--fees -- Imprisonment examined -- General scheme of imprisonment -- (...) Of other species of territorial confinement--quasi-imprisonment--relegation--banishment -- Of simply restrictive punishments -- Of active or laborious punishment -- Capital punishment -- Capital punishment examined -- Punishment analyzed -- Of the punishments belonging to the moral sanction -- Forfeiture of reputation -- Of pecuniary forfeitures -- Forfeiture of condition -- Forfeiture of the protection of the law -- Naturally extravasting punishment--rules concerning it -- Punishment apparently, but not really, mis-seated--civil responsibility -- Mis-seated punishment, varieties of -- Vicarious punishment -- Transitive punishment -- Disadvantages of this mode of punishment -- Collective punishment -- Random punishment -- Cause of the frequency of mis-seated punishment -- Inconveniences of complex punishments -- Of transportation -- Panopticon penitentiary -- Felony -- Of præmunire -- Outlawry -- Excommunication -- Choice of punishment--latitude to be allowed to the judges -- Of subsidiary punishments -- Of surety for good conduct -- Defeazance of punishment. (shrink)

Understanding cooperation and punishment in small-scale societies is crucial for explaining the origins of human cooperation. We studied warfare among the Turkana, a politically uncentralized, egalitarian, nomadic pastoral society in East Africa. Based on a representative sample of 88 recent raids, we show that the Turkana sustain costly cooperation in combat at a remarkably large scale, at least in part, through punishment of free-riders. Raiding parties comprised several hundred warriors and participants are not kin or day-to-day interactants. Warriors (...) incur substantial risk of death and produce collective benefits. Cowardice and desertions occur. (shrink)

The integrative approach to punishment appears more adequate than the utilitarian and retributive theories. It does not only engender restitution, retribution, and deterrence but it also reconciles the physical and nonphysical realms of existence. The goal of punishment is to maintain social balance or order. Content analysis is employed. The integrative notion of punishment is associated with the principle of proportionality within a vigorous collective conscience. This paper seeks to contribute to the criminal justice system by (...) going beyond the discussion of the utilitarian- retributive punishment framework. (shrink)

White Ignorance and Complicit Responsibility addresses the problem of white denial. Rejecting punitive moralities that reproduce white innocence and encourage absolution, Eva Boodman makes the case for a transformative whiteness that dismantles the moral, racial, political, and affective constructs that keep racial capitalism in place.

The book explores the communicative and deliberative context for punishment and discusses the extent to which institutional punishment is an implicit language, conveying not only the values and norms, but also the collective experience and collective expectations of a community.

One of the most important problems faced by the United States is addressing its broken criminal justice system. This collection of essays offers a thorough examination of incarceration as a form of punishment. In addition to focusing on the philosophical aspects related to punishment, the volume's diverse group of contributors provides additional background in criminology, economics, law, and sociology to help contextualize the philosophical issues. The first group of essays addresses whether or not our current institutions connected with (...) punishment and incarceration are justified in a liberal society. The next set of chapters explores the negative effects of incarceration as a form of punishment, including its impact on children and families. The volume then describes how we arrived at our current situation in the United States, focusing on questions related to how we view prisons and prisoners, policing for profit, and the motivations of prosecutors in trying to secure convictions. Finally, Rethinking Punishment in the Era of Mass Incarceration examines specific policy alternatives that might offer solutions to our current approach to punishment and incarceration. (shrink)

A collective action problem exists not only in offensive warfare, but also in defensive situations. The collective action problem is dealt with in the same way in offensive and defensive warfare: by strong leadership, discipline, rewards and punishments, strong group identification, strict religiosity, and intolerance of deviants. This behavior is explained in terms of evolutionary psychology.

The rarity of altruistic punishment in small-scale societies should not be interpreted as evidence that altruistic punishment is not an important determinant of cooperation in general. While it is essential to collect field data on altruistic punishment, this kind of data has limitations. Laboratory experiments can help shed light on the role of altruistic punishment.

This volume provides discussions of both the concept of responsibility and of punishment, and of both individual and collective responsibility. It provides in-depth Socratic and Kantian bases for a new version of retributivism, and defends that version against the main criticisms that have been raised against retributivism in general. It includes chapters on criminal recidivism and capital punishment, as well as one on forgiveness, apology and punishment that is congruent with the basic precepts of the new (...) retributivism defended therein. Finally, chapters on corporate responsibility and punishment are included, with a closing chapter on holding the U.S. accountable for its most recent invasion and occupation of Iraq. The book is well-focused but also presents the widest ranging set of topics of any book of its kind as it demonstrates how the concepts of responsibility and punishment apply to some of the most important problems of our time. “This is one of the best books on punishment, and the Fourth Edition continues its tradition of excellence. The book connects punishment importantly to moral responsibility and desert, and it is comprehensive in its scope, both addressing abstract, theoretical issues and applied issues as well. The topics treated include collective responsibility, apology, forgiveness, capital punishment, and war crimes. Highly recommended.”—John Martin Fischer, Distinguished Professor of Philosophy, University of California, Riverside. (shrink)

This volume collects essays by leading criminal law theorists to explore the principal themes in his work.

Should those who get dirty hands always be punished in the same way? Must their punishment be regardless of the background elements that determined the DH dilemma, which has polluted their morality? This paper holds that common arguments in favour of punishing DH overlook the important difference between classic DH dilemmas that are structurally inescapable and those that are caused by a collective action problem. My thesis emphasizes that in talking about DH, our analysis should go beyond the (...) structure of the dilemma. We should also take into serious consideration the background dynamics that made the choice between two evils inevitable. (shrink)

The Biopolitics of Punishment marks a new chapter in the long-standing debate between Jacques Derrida and Michel Foucault. The essays collected in this volume chart the undertheorized dialogue between the two philosophers on questions of life, death, punishment, power, and resistance.

Punishing groups raises a difficult question, namely, how their punishment can be justified at all. Some have argued that punishing groups is morally problematic because of the effects that the punishment entails for their members. In this paper we argue against this view. We distinguish the question of internal justice—how punishment-effects are distributed—from the question of external justice—whether the punishment is justified. We argue that issues of internal justice do not in general undermine the permissibility of (...) punishment. We also defend the permissibility of what some call “random punishment.” We argue that, for some kinds of collectives, there is no general obligation to internally distribute the punishment-effects equally or in proportion to individual contribution. (shrink)

This study examines whether penalties issued to Chinese listed companies by securities regulators for violations of corporate law affect the cost of debt, and the moderating role of corporate social responsibility fulfillment on this relationship. Our sample consists of firms listed on Shanghai and Shenzhen stock exchanges from 2011 to 2017 and the data are collected from the announcements of China Securities Regulatory Commission. The findings are as follows: punishment announcements by regulatory authorities increase the cost of debt; and (...) the effect of punishment announcements on the cost of debt is partially offset by prior CSR performance. These findings are shown to be robust. The reputation insurance effect of CSR is more pronounced in state-owned enterprises and in an institutional environment with low marketization, a weak legal environment, and low information transparency. The findings support the reputation insurance hypothesis of CSR and employ the cost of debt as a governance mechanism. (shrink)

The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only (...) significant proposals for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?"Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag. (shrink)

Suffering is a central component of our lives. Our bodies break and become diseased. Our feelings get hurt, loved ones die, our goals are frustrated, our expectations are not met. It is a commonplace to think that suffering is, all and everywhere, bad. But might suffering also be good? If so, in what ways might suffering have positive, as well as negative, value? The papers collected for the this volume are original works by experts in a variety of disciplines that (...) address questions about the nature and value of suffering, its relation to other mental states and capacities, and to vital questions in ethics, theology, and aesthetic. This chapter examines the nature and value of emotions suffering in criminal punishment: what is emotional suffering, and can it be justified as as a form of legal punishment? (shrink)

The piece returns to my earlier challenges of retributivism as the basis of contemporary criminal law, advancing my work on republican political justifications that make central the effect of punishment on citizenship. In short, the justification of punishment should eschew individual retributivist “desert” and focus primarily on the effects of punishment on the entire polity. In particular, this would mean that the effects of mass incarceration would be explicitly a part of justification of punishment. Concretized, members (...) of communities where widespread punishment (incarceration) has damaged collective civic health should explicitly receive discounts on otherwise “retributively justified” punishment. Most obviously, a regime focused on the effect of punishment on civic bonds would explicitly target the vast racial disparities in contemporary punishment regimes, grounding an explicit claim that an African-American or Hispanic defendant from overly punished communities should be punished less and requiring other state resources to secure the safety of the community. While critical, this regime is not solely aimed at racial disparities. This principle would equally address the concentration of punishment in poor, white communities often battered by punishment and policing. Thus, the policy shows a way of building allies across racial lines. (shrink)

Larry May's and Kenneth Shockley's discussions of punishment for mob‐based harms fall back on the idea of individual mens rea. They recognise that the mens rea element is complicated by the fact that an individual's intentional actions in the context of mob activity have a collective dimension to them, either because they are ‘group‐based’, or because they are enabled or constrained by the collective's ‘normative authority’. However, their accounts of punishment fail to adequately reflect this complication. (...) We claim that this is because they primarily countenance ‘paradigmatic’ forms of punishment. Part 2 of the article argues that a non‐paradigmatic form of punishment – one that is ‘expressive’ insofar as it publicly communicates a denunciation – can better target the complex relations between the individual and collective dimensions of mob‐based harms. In order to better illuminate the target of such punishment, Part 1 of the article clarifies the relation between individual, shared and collective responsibility for mob‐based harms. Responding to several shortcomings in May's and Shockley's work, we examine the emergence of ‘mob mentality’ and argue that mob beliefs, intentions and norms are dynamically ‘expressed’ (i.e. publicly manifested, communicated and shaped) in and through the situated behaviour of individual mob members. (shrink)

I shall not try to deal with all of the interesting points Mr. R. S. Downie raises against my paper, Collective Responsibility . I shall deal with a matter of clarification, one of the lesser issues between us, and the major issue between us. . On one point, surely, Downie has simply misunderstood what I said. He claims that my criticisms do not work against the common view that Responsibility is analytically tied to blameworthiness; but only apainst the claim (...) that Responsibility is analytically tied to the efficacy of blame. Well, I hope so. For it was meant to be clear that I was only attacking the view, to be found in Nowell-Smith's Ethics , that Responsibility is to be analysed in terms of the efficacy of blame and punishment. Far from attacking the view that Responsibility is analytically tied to blameworthiness , I quoted, with full approval, a passage from Brandt, according to which Responsibility entails the “fittinsness” of blaming and praising attitudes. (shrink)

Recent investigations have uncovered large, consistent deviations from the predictions of the textbook representation of Homo economicus (Roth et al, 1992, Fehr and Gächter, 2000, Camerer 2001). One problem appears to lie in economists’ canonical assumption that individuals are entirely self-interested: in addition to their own material payoffs, many experimental subjects appear to care about fairness and reciprocity, are willing to change the distribution of material outcomes at personal cost, and reward those who act in a cooperative manner while punishing (...) those who do not even when these actions are costly to the individual. These deviations from what we will term the canonical model have important consequences for a wide range of economic phenomena, including the optimal design of institutions and contracts, the allocation of property rights, the conditions for successful collective action, the analysis of incomplete contracts, and the persistence of noncompetitive wage premia. Fundamental questions remain unanswered. Are the deviations from the canonical model evidence of universal patterns of behavior, or do the individual’s economic and social environments shape behavior? If the latter, which economic and social conditions are involved? Is reciprocal behavior better explained statistically by individuals’ attributes such as their sex, age, or relative wealth, or by the attributes of the group to which the individuals belong? Are there cultures that approximate the canonical account of self-regarding behavior? Existing research cannot answer such questions because virtually all subjects have been university students, and while there are cultural differences among student populations throughout the world, these differences are small compared to the range of all social and cultural environments. To address the above questions, we and our collaborators undertook a large cross-cultural study of behavior in ultimatum, public good, and dictator games.. (shrink)

There are a number of controversies surrounding responsibility, but few doubt that there is anything conceptually confused or morally problematic about holding competent adults responsible for their free and informed actions. Thus, we regularly praise (and perhaps reward) people for behaving virtuously or blame (and perhaps punish) them for their vicious deeds. In today's world, though, much of the most important good and evil is done not by solitary individuals, but by groups of people acting in concert. The most spectacular (...) technological advances and the most horrific wars, for instance, are often the work of private corporations and political states. And if humanity regularly achieves its greatest triumphs and commits its most deplorable sins as collectives, it is worth exploring the plausibility of holding groups responsible for their actions. (shrink)

In his paper ‘Collective Responsibility’ Mr. D. E. Cooper argues for the thesis that collectives can be held responsible in a sense not reducible to the individual responsibility of the members of the collective. And he uses this conclusion to support views of individual responsibility and of blame and punishment which he wishes to assert independently. Is hall argue that although there is a sense in which the actions and responsibility of a collective cannot be analysed (...) in terms of the actions and responsibilities of the individual persons who compose the collective, it is not moral responsibility which is involved. I shall then maintain that Cooper's account of collective responsibility does not support his account of individual responsibility; and that his account of individual responsibility is in any case false, if he means moral responsiblity. (shrink)

In small-scale societies, punishment of adults is infrequent and employed when the anticipated cost-to-benefit ratio is low, such as when punishment is collectively justified and administered. In addition, benefits may exceed costs when punishers have relatively greater physical and social capital and gain more from cooperation. We provide examples from the Tsimane horticulturalists of Bolivia to support our claims.

The data were collected during 9.5 months of field work by Sarah Mathew from 2008– 2010. Participants were a representative sample of adult men reliant on nomadic pastoralism for their livelihood. We recruited them in a town close to the ethnic border frequented by nomadic Turkana who live in the surrounding 50 km radius. Recruitment was done with the help of trained local Turkana research assistants. The RA approached potential participants, briefly introduced them to the study, and then asked them (...) to participate. If they agreed, they were brought to the study site described below. We conducted the study in the town center because the risk of raids in the surrounding nomadic settlements was high. We did not recruit from the settled Turkana population in this town center as they are Turkana who have actively pursued schooling and professions outside the pastoral sector, or were forced out of subsistence pastoralism after droughts, epidemics or raids. Nomadic Turkana frequent the perimeter of the town center for a variety of reasons as it is an important trading center and is adjacent to dry season watering holes. Herders from surrounding nomadic settlements frequent the market to sell an animal and purchase tobacco, tea, sugar and flour. Turkana women come to sell milk and collect relief food. Nomadic Turkana periodically come to town to visit their settled relatives. A river runs along the perimeter of town. The wells dug in the dry bed of the river provide water for 1 surrounding nomadic settlements and so herdsmen frequently bring their livestock for watering to the perimeter of town from where we can recruit them.To ensure that our sample is representative of herders within the town perimeter on a given day, we aimed to recruit using the following procedure to the extent that circumstances allowed: First, we specified the age-group that the participant should belong to. Then the RA went to one of the locations where nomadic herders visiting town are found.. (shrink)

Discipline and Punish analyzes the role of collecting, managing, and operationalizing data in disciplinary institutions. Foucault’s discussion is compared to contemporary forms of surveillance and security practices using algorithmic data processing. The article highlights important similarities and differences regarding the way data processing plays a part in subjectivation. This is also compared to Deleuzian accounts and Foucault’s later discussion in Security, Territory, Population. Using these results, the article argues that the prevailing focus on transparency and accountability in the discussion of (...) algorithmic applications needs to be amended with a perspective on different forms of subjectivity and ensuing power relations. (shrink)

Michael Tomasello’s account of moral evolution includes both a synthesis of extensive experimental work done on humans and chimpanzees on their potential for perspective-taking and helpful, altruistic generosity and a major emphasis on “collective intentionality” as an important component of morality in humans. Both will be very useful to the evolutionary study of this subject. However, his disavowal of collective intentions on the parts of chimpanzees would appear to be empirically incorrect, owing to reliance on experimental captive research (...) focused only on dyadic interactions. Here, evidence to the contrary is provided from studies of wild chimpanzees as they naturally cooperate in sizable groups. Collective intentions are inferable when they go on patrol, when they mob predators, when they go hunting, and when large coalitions gang-attack disliked members of the same community. This last behavior has particularly significant pre-adaptive implications for the evolution of moralistic social control, and it suggests that moral evolution has deep roots, going back to the Last Common Ancestor of humans, bonobos, and chimpanzees. (shrink)

Theoretical evidence suggests that corporate social irresponsibility (CSI) should produce long-lasting negative influences on firm performance. Yet, little empirical evidence exists in the literature to support this time-embedded research frame. This research was conducted by collecting a large set of firm data and by employing a series of vector autoregressive models to map out the longitudinal dynamic relationships between CSI and firm value under high versus low levels of two external factors, environmental dynamism and competition intensity, and one internal factor, (...) firm capability. The results show that CSI’s negative influences endure in scenarios such as high dynamism, high competition intensity, and low capability, but it has only a short-term impact on low-dynamism markets and does not produce significant effects on firm value under low-competition or high-capability conditions. These findings yield useful implications for CSI, resource-based theory, and environment theories as well as for managerial effectiveness of coping with social negativities. (shrink)

Over the last 20 years, sex offender policies, specifically in terms of community corrections, have increased in scope. One of the most controversial and pervasive sex offender policies is that of registration. In response to the consumption of already limited resources, jurisdictions have imposed increasingly higher community supervision fees onto the offenders, requiring them to pay for their own re-entry. However, to date no research study has examined the statutory language associated with registration fees collected post release from formal community (...) sanctions. Using a statutory analysis within the United States, this research finds and quantifies the imposition of a registration fee on offenders who are legally compelled to pay these registration costs, regardless of whether they are still currently under community supervision. Results show that more than half of U.S. states (n = 28) incorporate statutory language authorizing registration fees, ranging anywhere from $5 per registration to up to $250 per year. These findings, as well as suggestions for future research and policy recommendations, are discussed. (shrink)