Thinking about future punishment.
Even in my most religious moments, I have never been able to take the idea of hell seriously. Prevailing Christian theology asks us to believe that an all-powerful, all-knowing being would do what no human parent could ever do: create tens of billions of flawed and fragile creatures, pluck out a few favourites to shower in transcendent love, and send the rest to an eternity of unrelenting torment. That story has always seemed like an intellectual relic to me, a holdover from barbarism, or worse, a myth meant to coerce belief. But stripped of the religious particulars, I can see the appeal of hell as an instrument of justice, a way of righting wrongs beyond the grave. Especially in unusual circumstances.
Take the case of Adolf Hitler. On the afternoon of 29 April 1945, Hitler was stashed deep in his Berlin bunker, watching his Third Reich collapse, when he received word that Benito Mussolini was dead. Hitler was aghast at the news, not because he’d lost yet another ally, but because of the way Mussolini had died. The Italian dictator had been trying to slink into Switzerland when he was caught, shot, and dragged to a public square in Milan, where a furious mob kicked and spat on his body, before hanging it upside down on a meat hook.
Worried that he might meet a similar fate, Hitler decided to test the strength of his cyanide capsules by feeding a few of them to his dog, Blondie. By midafternoon on the following day, 30 April, the Red Army was rampaging through Berlin, and the Fuhrer’s empire had shrunk to a small island of land in the city centre. Rather than fight to the end and risk capture, Hitler bit into one of his cyanide pills, and fired a bullet into his head for good measure. When the Soviets reached the bunker two days later, his body had been burned and his ashes buried, in a shallow bomb crater just above ground.
It is hard to avoid the conclusion that Hitler got off easy, given the scope and viciousness of his crimes. We might have moved beyond the Code of Hammurabi and ‘an eye for an eye’, but most of us still feel that a killer of millions deserves something sterner than a quick and painless suicide. But does anyone ever deserve hell?
That used to be a question for theologians, but in the age of human enhancement, a new set of thinkers is taking it up. As biotech companies pour billions into life extension technologies, some have suggested that our cruelest criminals could be kept alive indefinitely, to serve sentences spanning millennia or longer. Even without life extension, private prison firms could one day develop drugs that make time pass more slowly, so that an inmate’s 10-year sentence feels like an eternity. One way or another, humans could soon be in a position to create an artificial hell.
At the University of Oxford, a team of scholars led by the philosopher Rebecca Roache has begun thinking about the ways futuristic technologies might transform punishment. In January, I spoke with Roache and her colleagues Anders Sandberg and Hannah Maslen about emotional enhancement, ‘supercrimes’, and the ethics of eternal damnation. What follows is a condensed and edited transcript of our conversation.
Suppose we develop the ability to radically expand the human lifespan, so that people are regularly living for more than 500 years. Would that allow judges to fit punishments to crimes more precisely?
Roache: When I began researching this topic, I was thinking a lot about Daniel Pelka, a four-year-old boy who was starved and beaten to death [in 2012] by his mother and stepfather here in the UK. I had wondered whether the best way to achieve justice in cases like that was to prolong death as long as possible. Some crimes are so bad they require a really long period of punishment, and a lot of people seem to get out of that punishment by dying. And so I thought, why not make prison sentences for particularly odious criminals worse by extending their lives?
But I soon realised it’s not that simple. In the US, for instance, the vast majority of people on death row appeal to have their sentences reduced to life imprisonment. That suggests that a quick stint in prison followed by death is seen as a worse fate than a long prison sentence. And so, if you extend the life of a prisoner to give them a longer sentence, you might end up giving them a more lenient punishment.
The life-extension scenario may sound futuristic, but if you look closely you can already see it in action, as people begin to live longer lives than before. If you look at the enormous prison population in the US, you find an astronomical number of elderly prisoners, including quite a few with pacemakers. When I went digging around in medical journals, I found all these interesting papers about the treatment of pacemaker patients in prison.
Suppose prisons become more humane in the future, so that they resemble Norwegian prisons instead of those you see in America or North Korea. Is it possible that correctional facilities could become truly correctional in the age of long lifespans, by taking a more sustained approach to rehabilitation?
Roache: If people could live for centuries or millennia, you would obviously have more time to reform them, but you would also run into a tricky philosophical issue having to do with personal identity. A lot of philosophers who have written about personal identity wonder whether identity can be sustained over an extremely long lifespan. Even if your body makes it to 1,000 years, the thinking goes, that body is actually inhabited by a succession of persons over time rather than a single continuous person. And so, if you put someone in prison for a crime they committed at 40, they might, strictly speaking, be an entirely different person at 940. And that means you are effectively punishing one person for a crime committed by someone else. Most of us would think that unjust.
Let’s say that life expansion therapies become a normal part of the human condition, so that it’s not just elites who have access to them, it’s everyone. At what point would it become unethical to withhold these therapies from prisoners?
Roache: In that situation it would probably be inappropriate to view them as an enhancement, or something extra. If these therapies were truly universal, it’s more likely that people would come to think of them as life-saving technologies. And if you withheld them from prisoners in that scenario, you would effectively be denying them medical treatment, and today we consider that inhumane. My personal suspicion is that once life extension becomes more or less universal, people will begin to see it as a positive right, like health care in most industrialised nations today. Indeed, it’s interesting to note that in the US, prisoners sometimes receive better health care than uninsured people. You have to wonder about the incentives a system like that creates. (...)
Is mental suffering a necessary component of imprisonment?
Roache: There is a long-standing philosophical question as to how bad the prison experience should be. Retributivists, those who think the point of prisons is to punish, tend to think that it should be quite unpleasant, whereas consequentialists tend to be more concerned with a prison’s reformative effects, and its larger social costs. There are a number of prisons that offer prisoners constructive activities to participate in, including sports leagues, art classes, and even yoga. That practice seems to reflect the view that confinement, or the deprivation of liberty, is itself enough of a punishment. Of course, even for consequentialists, there has to be some level of suffering involved in punishment, because consequentialists are very concerned about deterrence.
by Ross Andersen, Aeon | Read more:
Image: Martin Barraud/Gallery Stock
Even in my most religious moments, I have never been able to take the idea of hell seriously. Prevailing Christian theology asks us to believe that an all-powerful, all-knowing being would do what no human parent could ever do: create tens of billions of flawed and fragile creatures, pluck out a few favourites to shower in transcendent love, and send the rest to an eternity of unrelenting torment. That story has always seemed like an intellectual relic to me, a holdover from barbarism, or worse, a myth meant to coerce belief. But stripped of the religious particulars, I can see the appeal of hell as an instrument of justice, a way of righting wrongs beyond the grave. Especially in unusual circumstances.
Take the case of Adolf Hitler. On the afternoon of 29 April 1945, Hitler was stashed deep in his Berlin bunker, watching his Third Reich collapse, when he received word that Benito Mussolini was dead. Hitler was aghast at the news, not because he’d lost yet another ally, but because of the way Mussolini had died. The Italian dictator had been trying to slink into Switzerland when he was caught, shot, and dragged to a public square in Milan, where a furious mob kicked and spat on his body, before hanging it upside down on a meat hook.
Worried that he might meet a similar fate, Hitler decided to test the strength of his cyanide capsules by feeding a few of them to his dog, Blondie. By midafternoon on the following day, 30 April, the Red Army was rampaging through Berlin, and the Fuhrer’s empire had shrunk to a small island of land in the city centre. Rather than fight to the end and risk capture, Hitler bit into one of his cyanide pills, and fired a bullet into his head for good measure. When the Soviets reached the bunker two days later, his body had been burned and his ashes buried, in a shallow bomb crater just above ground.It is hard to avoid the conclusion that Hitler got off easy, given the scope and viciousness of his crimes. We might have moved beyond the Code of Hammurabi and ‘an eye for an eye’, but most of us still feel that a killer of millions deserves something sterner than a quick and painless suicide. But does anyone ever deserve hell?
That used to be a question for theologians, but in the age of human enhancement, a new set of thinkers is taking it up. As biotech companies pour billions into life extension technologies, some have suggested that our cruelest criminals could be kept alive indefinitely, to serve sentences spanning millennia or longer. Even without life extension, private prison firms could one day develop drugs that make time pass more slowly, so that an inmate’s 10-year sentence feels like an eternity. One way or another, humans could soon be in a position to create an artificial hell.
At the University of Oxford, a team of scholars led by the philosopher Rebecca Roache has begun thinking about the ways futuristic technologies might transform punishment. In January, I spoke with Roache and her colleagues Anders Sandberg and Hannah Maslen about emotional enhancement, ‘supercrimes’, and the ethics of eternal damnation. What follows is a condensed and edited transcript of our conversation.
Suppose we develop the ability to radically expand the human lifespan, so that people are regularly living for more than 500 years. Would that allow judges to fit punishments to crimes more precisely?
Roache: When I began researching this topic, I was thinking a lot about Daniel Pelka, a four-year-old boy who was starved and beaten to death [in 2012] by his mother and stepfather here in the UK. I had wondered whether the best way to achieve justice in cases like that was to prolong death as long as possible. Some crimes are so bad they require a really long period of punishment, and a lot of people seem to get out of that punishment by dying. And so I thought, why not make prison sentences for particularly odious criminals worse by extending their lives?
But I soon realised it’s not that simple. In the US, for instance, the vast majority of people on death row appeal to have their sentences reduced to life imprisonment. That suggests that a quick stint in prison followed by death is seen as a worse fate than a long prison sentence. And so, if you extend the life of a prisoner to give them a longer sentence, you might end up giving them a more lenient punishment.
The life-extension scenario may sound futuristic, but if you look closely you can already see it in action, as people begin to live longer lives than before. If you look at the enormous prison population in the US, you find an astronomical number of elderly prisoners, including quite a few with pacemakers. When I went digging around in medical journals, I found all these interesting papers about the treatment of pacemaker patients in prison.
Suppose prisons become more humane in the future, so that they resemble Norwegian prisons instead of those you see in America or North Korea. Is it possible that correctional facilities could become truly correctional in the age of long lifespans, by taking a more sustained approach to rehabilitation?
Roache: If people could live for centuries or millennia, you would obviously have more time to reform them, but you would also run into a tricky philosophical issue having to do with personal identity. A lot of philosophers who have written about personal identity wonder whether identity can be sustained over an extremely long lifespan. Even if your body makes it to 1,000 years, the thinking goes, that body is actually inhabited by a succession of persons over time rather than a single continuous person. And so, if you put someone in prison for a crime they committed at 40, they might, strictly speaking, be an entirely different person at 940. And that means you are effectively punishing one person for a crime committed by someone else. Most of us would think that unjust.
Let’s say that life expansion therapies become a normal part of the human condition, so that it’s not just elites who have access to them, it’s everyone. At what point would it become unethical to withhold these therapies from prisoners?
Roache: In that situation it would probably be inappropriate to view them as an enhancement, or something extra. If these therapies were truly universal, it’s more likely that people would come to think of them as life-saving technologies. And if you withheld them from prisoners in that scenario, you would effectively be denying them medical treatment, and today we consider that inhumane. My personal suspicion is that once life extension becomes more or less universal, people will begin to see it as a positive right, like health care in most industrialised nations today. Indeed, it’s interesting to note that in the US, prisoners sometimes receive better health care than uninsured people. You have to wonder about the incentives a system like that creates. (...)
Is mental suffering a necessary component of imprisonment?
Roache: There is a long-standing philosophical question as to how bad the prison experience should be. Retributivists, those who think the point of prisons is to punish, tend to think that it should be quite unpleasant, whereas consequentialists tend to be more concerned with a prison’s reformative effects, and its larger social costs. There are a number of prisons that offer prisoners constructive activities to participate in, including sports leagues, art classes, and even yoga. That practice seems to reflect the view that confinement, or the deprivation of liberty, is itself enough of a punishment. Of course, even for consequentialists, there has to be some level of suffering involved in punishment, because consequentialists are very concerned about deterrence.
by Ross Andersen, Aeon | Read more:
Image: Martin Barraud/Gallery Stock
