The most promising way of responding to arguments for the incompatibility of divine foreknowledge and human freedom (in one way or another) invokes a claim about the order of explanation: God knew (or believed) that you would perform a given action because you would, in fact, perform it, and not the other way around. Once we see this result, many suppose, we'll see that divine foreknowledge ultimately poses no threat to human freedom. This essay argues that matters are not so (...) simple, for such reasoning threatens also to reconcile divine prepunishment with human freedom. The question here is this: if you have already been ( justly) punished by God for doing something, how then could you avoid doing that thing? As we'll see, there is a strong argument that seems to show that you couldn't. However, this essay argues that if divine prepunishment rules out human freedom, then so does divine foreknowledge. The arguments are exactly parallel in certain crucial respects. At any rate, investigating the issues surrounding prepunishment can help to throw into relief the various different strategies of response to the foreknowledge argument and can bring out what their costs and commitments really are. In particular, investigating prepunishment can help to bring out the inadequacy of the “Ockhamist” reply to the argument, as well as the sense in which God's past beliefs need to depend on what we do, if we are plausibly to have a choice about those beliefs. (shrink)

I have argued recently that compatibilism cannot resist in a principled way the temptation to prepunish people, and that it thus emerges as a much more radical view than is typically presented and perceived; and is at odds with fundamental moral intuitions (Smilansky 2007a). Stephen Kearns (2008) has replied, arguing that ‘Smilansky has not shown that compatibilism cannot resist prepunishment. Prepunishment is so bizarre that it can be resisted by just about anybody’. I would like to examine his (...) challenging arguments. (shrink)

We “prepunish” a person if we punish her prior to the commission of her crime. This essay discusses our intuitions about the permissibility of prepunishment and the relationship between prepunishment and compatibilism about free will and determinism. It has recently been argued that compatibilism has particular trouble generating a principled objection to prepunishment. The failure to provide such an objection may be a problem for compatibilism if our moral intuitions strongly favor the prohibition of prepunishment. In (...) defense of compatibilism, I argue that while no objection to prepunishment is entailed by the central tenets of compatibilism, this does not necessarily show that compatibilism conflicts with our moral intuitions. And while there may be no distinctly compatibilist objection to prepunishment, there are common-sense objections to prepunishment of which the compatibilist can make use, at least under actual-world circumstances. And, while these common-sense objections might be inoperative in certain non-actual circumstances, it is not clear that support for prepunishment would be unintuitive in these circumstances. (shrink)

This paper argues that many of our most important theories of retributivism are unwittingly committed to the radical thesis that prepunishment—punishment before an offense—is morally permissible. From the perspective of diachronic justice on which these theories crucially depend, the timing of retribution is, ceteris paribus, irrelevant. But retributivism’s counterintuitive support does not stop there: there are conditions under which pre-offense apprehension and punishment guarantees a higher probability of justice being done. Under these conditions, the popular retributive theories I have (...) in mind do not just permit, but require, prepunishment. (shrink)

The belief that some misfortunes are punishments sent from God has been affirmed by many different cultures and religions throughout human history. The belief has proved a pervasive one, and is still endorsed today by many adherents of the great western religions of the Judaeo-Christian tradition. Invariably, what is believed is that a present misfortune is divine punishment for a past sin. But could a present misfortune in fact be divine punishment for a future sin? That is, could God prepunish (...) people for their future transgressions? The aim of this paper will be to show that there are solid philosophical grounds for supposing that he could and would do so. (shrink)

This paper targets a nearly universal assumption in the philosophical literature: that prepunishment is unproblematic for consequentialists. Prepunishment threats do not deter, as deterrence is traditionally conceived. In fact, a pure prepunishment legal system would tend to increase the criminal disposition of the grudgingly compliant. This is a serious problem since, from many perspectives, but especially from a consequentialist one, a primary purpose of punishment is deterrence. I analyze the decision theory behind pre and postpunishments, which helps (...) clarify both what deterrence is and how it operates in consequentialist justifications of punishment. I end by sketching a road map for the future of prepunishment as artificial intelligence and other technological advances generate increasing possibilities for its use. (shrink)

I shall argue that compatibilism cannot resist in a principled way the temptation to prepunish people. Compatibilism thus emerges as a much more radical view than it is typically presented and perceived, and is seen to be at odds with fundamental moral intuitions.

When someone is prepunished, they are punished for a predicted crime they will or would commit. I argue that cases of prepunishment universally assumed to be merely hypothetical—including those in Philip K. Dick’s “The Minority Report”— are equivalent to some instances of the real-life punishment of attempt offenses. This conclusion puts pressure in two directions. If prepunishment is morally impermissible, as philosophers argue, then this calls for amendments to criminal justice theory and practice. At the same time, if (...) prepunishment is not imaginary, then the philosophers who reject it cannot claim that their view is supported by common sense. (shrink)

In a series of recent papers, Saul Smilansky has argued that compatibilists have no principled way of resisting the view that prepunishment is at least sometimes appropriate, thus revealing compatibilism to be a radical position, out of keeping with our ordinary moral judgments. Recent attempts to resist this conclusion seem to have overlooked the biggest problem with Smilansky’s argument, which is this: Smilanksy argues that the most obvious objection to prepunishment—namely, that it is inappropriate because it involves punishing (...) the innocent for crimes they have not committed—is unavailable to compatibilists. If compatibilism is true, he says, then if it is causally determined that someone is going to commit a crime, the fact that one has not yet done so is a mere temporal matter bearing no moral significance. I argue that there is no reason for compatibilists to accept this point. Compatibilists can (and should) resist Smilansky's claim that one’s not yet having committed a crime is morally insignificant and so resist the temptation to prepunish. (shrink)

Punishing someone for a crime before they have committed it is widely considered morally abhorrent. But there is little agreement on what exactly is supposed to be wrong with it. In this paper, I critically evaluate several objections to the permissibility of prepunishment, making points along the way about the connections between time, knowledge, desert, deterrence and duty. I conclude that, although the conditions under which it could permissibly be administered are unlikely ever to arise in practice, nevertheless in (...) principle, nothing is wrong with prepunishment after all. (shrink)

According to Christopher New, prepunishment is punishment for an offence before the offence is committed. I will first analyze New’s argument, along with theepistemic conditions for practicing prepunishment. I will then deal with an important conceptual objection, according to which prepunishment is not a genuine kind of ‘punishment’. After that, I will consider retributivism and present conclusive reasons for the claim that it cannot justify prepunishment without leading to paradoxical results. I shall then seek to establish (...) that from the utilitarian point of view it is possible to provide a plausible justification of this practice. Finally, I shall attempt to defend the claim that the fact that utilitarianism can justify prepunishment in a satisfactory way is clearly a favourable characteristic of this ethical position. (shrink)

The poster boy for my paper is the King's Messenger in Lewis Carroll's Through the Looking Glass. Recall that since the White Queen lives backwards, her memory works forwards. She pities Alice who can only remember things after they happen. Alice asks which things the Queen remembers best: `Oh, things that happened the week after next,' the Queen replied in a careless tone. `For instance, . . . there's the King's Messenger. He's in prison now, being punished: and the trial (...) doesn't even begin till next Wednesday: and of course the crime comes last of all.' (Chapter V) Is the King's Messenger being treated unjustly? Why not prepunish people for their future crimes? True, it is generally easier to have knowledge about past crimes than future crimes. But is unpredictability the only problem with prepunishment? (shrink)

Some philosophers believe that we can, in theory, justifiably prepunish people—that is, punish them for a crime before they have committed that crime. In particular, it has been claimed that retributivists ought to accept prepunishment. The question of whether prepunishment can be justified has sparked an interesting and growing philosophical debate. In this paper I look at a slightly different question: whether retributivists who accept that prepunishment can be justified should prefer postpunishment or prepunishment, or see (...) them as on a par. The answer is complex: asking this question brings to light unrecognized distinctions within both retributivism and prepunishment, giving us four different answers to the question, depending on what kind of retributivism and what kind of prepunishment are combined. Surprisingly, given that it is usually presented as a second best, to be pursued only when postpunishment is unavailable, some combinations will find prepunishment preferable. (shrink)

In a 2010 paper published in this journal, Robinson responded to Smilansky’s argument that compatibilists do not have a principled reason to reject prepunishment. Smilansky argues that, due to the nature of a compatibilist universe, offenders will actually carry out their intended offences and are rightfully held responsible for them. As a result, there is no moral demand to wait for the offence to occur before punishing the offender. Smilansky has responded to a number of objections, but has not (...) addressed Robinson’s arguments. This paper will defend Smilansky’s position against Robinson’s claims and conclude that Smilansky’s position remains undefeated. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Christopher New recently argued for the seemingly paradoxical idea that there is no moral reason not to punish someone before she commits her crime (‘prepunishment’), provided that we can be sure that she will, in fact, commit the crime in the future. I argue that the air of paradox dissolves if we understand the possibility of prepunishment as relying on an anti‐moral‐luck position. However, New does not draw the full conclusions from such a position, which would allow (...) class='Hi'>prepunishment even prior to the formation of a wrongful intention, on the basis of the idea that bad character is enough to entail blameworthiness. I conclude by examining a legal system which seems to use the idea of prepunishment, i.e. the Talmudic idea that we might punish a child who has not yet sinned in order to save him from sinning in the future. (shrink)

Discussions of punishment have always assumed that there are no circumstances in which someone can be justifiably punished for a crime that he will commit. This assumption has been directly challenged by Christopher New’s apparent example of morally justified ‘prepunishment’ [7]. In a recent paper, Fred Feldman rejects the ‘received wisdom’1 that desert cannot precede its basis by giving apparent examples of ‘predeserved’ charity, reward and apology [3, pp. 71-75]. If there can be cases of predeserved punishment as well, (...) then anyone who holds that it is morally justifiable to punish an offender if and only if he deserves it, must agree with New. For such desert theorists must say that since the offender predeserves punishment then it is morally right to prepunish him. Feldman himself however gives reasons why no legal authority should ever decide that someone predeserves punishment [3, pp. 76-78]. But a careful examination of New’s example shows that these reasons are inadequate. In any case, Feldman is committed to the different but undefended claim that there can be no cases of predeserved punishment. In fact the desert theorist has an excellent reason for defending this claim. Good reasons for saying that prepunishment is wrong are also available to the deterrence theorist. Given the correctness of our intuition that this is the right verdict, both theorists pass the test of New’s fantastic example. But the desert theorist passes it better, because the all the reasons available to the deterrence theorist for judging prepunishment wrong are subordinate to those of the desert theorist. Finally I argue that despite Feldman’s examples, there is no reason to think that there are any predeserts at all. (shrink)