我们现在正处在惩罚这部分内容的第二讲 PROFESSOR: All right, so where we are in the context of the
我们现在正处在惩罚这部分内容的第二讲 course is on our second lecture on punishment.
你们可能还记得 假期前 我们考虑了 So you'll recall that before the break we had been thinking about
哪些道德规范是合适的 what sorts of moral norms are appropriate:
道德规范规定之下有哪些基本原则 What sort of principle underlies our specification of moral norms?
现在 我们将从相反侧面审视这一类相同问题 And we're now looking at those same cluster of questions from the opposite side.
也就是 从有人违反规范后应该怎样着眼 讨论这一类问题 We're looking at that cluster of questions from the
也就是 从有人违反规范后应该怎样着眼 讨论这一类问题 perspective of what ought to go on when somebody violates those norms,
这包括违反道德规范 以及违反社会立法所形成的法律规范 either qua moral norms or qua legal norms as encoded in a society's set of statutes.
我们考察了惩罚实施为何正当的各种理由 And we were looking at a number of justifications that
我们考察了惩罚实施为何正当的各种理由 might be offered for the practice of punishment.
之前我简单讲过 今天我将讲得更详细 And we talked briefly, and I'll say a little bit more today,
特别是最后两个 也就是复原和改造 about the bottom two of these: restitution and rehabilitation.
周二那一讲后半部分 我们大部分时间花在 But we spent the bulk of the second half of Tuesday's lecture
思考回顾过去的正当性理由 thinking about backward-looking justification, which
这种理由在很多方面 in many ways is analogous to the sort of justification
同义务论的观点非常相似 of moral constraint that we see in the deontological picture.
现在我想深入分析前面这几个 What I want to do now is to look at the first of these in some detail,
考虑展望未来的 and to think about what a forward-looking
或者说 结果主义观点的惩罚是怎样的 or consequentialist picture of punishment looks like.
我还会考虑 And to think about the ways in which
结果主义惩罚观所产生的问题会如何 the problems that arise for a consequentialist account of punishment
反映更一般的结果主义道德观问题 seem to echo a number of the problems that arise
反映更一般的结果主义道德观问题 for a consequentialist account of morality more generally.
回想一下我们所考虑的惩罚特征描述是怎样的 So just to remind you what the characterization of punishment that we're working with
其中最重要的条款将是第一条 looks like, of which the most important clause is going to be the first,
我们使用经典的中世纪惩罚特征描述 we're making use of the classic mid-century characterization of punishment
形成英美法的哲学传统 that comes out of the Anglo-American legal philosophical tradition.
从结果主义观点考虑惩罚正当性理由的关键 And what's key in thinking through the justification of
从结果主义观点考虑惩罚正当性理由的关键 punishment from a consequentialist perspective
是记住 惩罚是对违法行为的反应 is to remember that punishment is done in response to a legal offense,
是由法官对犯罪者进行裁决 等等 is done by one judge to the offender, and so on.
不过还需要记住 惩罚本身包含了 But it's also something that, as part of what punishment is,
对道德或法律规范违背者 不快和痛苦的强制施加 involves the imposition of unpleasantness and suffering
对道德或法律规范违背者 不快和痛苦的强制施加 on the person to whom conditions two through five apply.
我们所希望回答的问题是 And the question we're trying to answer for ourselves is how
一个国家有意对其成员施加负效用为何正当 a state could ever be justified in bringing deliberate disutility to one of its members.
降低伤害或结果主义观念认为 So what the harm reduction or consequentialist outlook says
惩罚的唯一目标 或者说唯一正当性理由 is that the sole goal of, or the sole justification for, punishment
是预防或震慑未来的恶行 is to prevent or deter future wrongdoing.
纯粹的结果主义观念唯一只关心结果 Consequentialist accounts, in their pure forms, are interested solely in consequences.
结果主义不关心效用在社会成员之间如何分布 And to the extent that they're concerned with the
结果主义不关心效用在社会成员之间如何分布 distribution of utility across members in a society, what
而只关心某时刻后整体效用的最大化 they're interested in is the maximization of utility from that moment onwards.
这称为"未来导向"的 They're called future-directed because
结果主义考虑过去只是因为相关个人需要回想过去 though they may take the past into account to the extent that the memories of
结果主义考虑过去只是因为相关个人需要回想过去 individuals take the past into account,
而不是因为过去同计算效用有任何关联 they don't take the past into account as something relevant to the calculation of utility.
惩罚的唯一目标是预防或震慑未来的恶行 The sole goal of punishment is to prevent or deter future wrongdoing.
惩罚的唯一正当性理由是预防或震慑未来的恶行 And the sole justification for punishment is to prevent or deter future wrongdoing.
如果将效用主义观点作为惩罚实施的正当性理由 Now if a utilitarian account is to serve as a justification for punishment as a practice,
惩罚也就是对道德或法律规范违反者 punishment being the deliberate bringing about of disutility to a member of the
有意施予负效用的措施 community who has violated some moral or legal norm, then
那么 在结果主义观念中 惩罚必须有效 it must be the case, for it to be justified on consequentialist grounds,
那么 在结果主义观念中 惩罚必须有效 that punishment is an effective,
而且在某些方面 惩罚应该是 and indeed, on some accounts, that punishment is the most
预防或震慑未来恶行的最有效机制 effective mechanism for bringing about the prevention or deterrence of future wrongdoing.
如果存在带来同样有益结果的替代方式 If there's some alternate way of bringing about an equally beneficial result,
那么根据结果主义 就不应该 then it can't be justified on consequentialist grounds
对个人施加伤害 让其痛苦 to impose harm or suffering on an individual.
这就是结果主义观点所说的 That's what the consequentialist picture says.
这可以说是之前我们考虑的 And notice, this is the mirror image of some of the
令人费解的外科医生情况的镜像 perplexities that we found ourselves getting into around things like the surgeon case,
如果只关心效用的分配 where if all one takes into consideration are distributions of utility,
那么很多常识推理所认为的相关因素均开始显得无关 then a lot of the factors that go into common sense reasoning
那么很多常识推理所认为的相关因素均开始显得无关 about cases seem to fall out with respect their relevance.
如果这种经验假设是正确的 So the suggestion, if the empirical hypothesis is correct,
那么惩罚就是预防或剥夺能力最有效的机制 is that punishment is the most effective mechanism for prevention or incapacitation.
既是排除作恶者未来继续作恶可能性的最好方式 That is, it's the best way of
既是排除作恶者未来继续作恶可能性的最好方式 precluding the possibility of wrongdoing on the part of the perpetrator,
也是震慑作恶者或社会上其他人的最好机制 and/or that it's the best mechanism for deterring wrongdoing,
也是震慑作恶者或社会上其他人的最好机制 either on the part of that individual or on the part of others who--
这需要将惩罚实践公诸于众 as the result of making public the practice of punishment--
让公众意识到某种行为的成本-收益情况发生了改变 come to recognize that what you might think of as the
让公众意识到某种行为的成本-收益情况发生了改变 cost-benefit analysis of performing a particular act changes.
杰里米•边沁对此有著名论断 So Jeremy Bentham famously says--
杰里米•边沁是约翰•斯图尔特•密尔在效用主义上的先辈 Jeremy Bentham was the utilitarian predecessor of John Stuart Mill,
是最初提出现代结果主义哲学观的代表人物 the person who originally articulated in the modern philosophical tradition
是最初提出现代结果主义哲学观的代表人物 how it is that we should think of consequentialism --
杰里米•边沁认为 惩罚的作用在于 so Jeremy Bentham famously said, what punishment does is
改变了恶行所相关的成本收益结构 to change the calculus of costs and benefits associated with a particular act of wrongdoing,
为某种一般而言有益行为人的行为增加某种成本 and to attach to something which is generally beneficial some sort of cost,
为某种一般而言有益行为人的行为增加某种成本 so that that can enter into the calculus.
条件反射和强化的文献认为 In the literature on conditioning and reinforcement,
惩罚能改变特定行为相关的条件联结 punishment is something that changes the contingencies associated with a particular act.
为本来只有奖励的事物 增加了惩罚关联 It brings a penalty along with a reward to something that typically carries only a reward.
或者说 降低了带来高奖励事物相关的奖励程度 Or it reduces the reward associated with something that generally brings a high reward.
我们之前讨论道德问题时也讨论过这类问题 Now it should be clear to all of you, because we went
你们应该都能清楚地意识到 through the mirror image of this in the positive case,
只考虑结果主义的惩罚正当性理由 that thinking merely in terms of consequentialist justifications for punishment
似乎存在两个问题 seems to carry with it two kinds of problems.
第一个问题是 The first problem is that the
结果主义正当性理由并不充分 consequentialist justification seems to under-generate reasons for punishment,
记得吧 惩罚包含有意对人施加伤害 if we remember that punishment involves the deliberate bringing about of a harm.
比如 考虑剥夺能力这方面 So, for example, it may well be, with respect to the question of incapacitation,
如果目标仅仅是剥夺人们未来作恶的能力 that if our sole goal is to incapacitate individuals who are likely to
让人们未来不要犯罪 不要为整个社会带来负效用 commit crimes in the future that will bring disutility to society as a whole,
如果整个目标仅仅是这个 if our sole goal is to incapacitate them,
那么很有可能存在同等有效的非惩罚性措施 then there may well be equally effective non-punitive alternatives.
记得惩罚特征描述中的条件一吧 Remember condition one in our characterization of punishment.
惩罚包含国家强加的痛苦 Punishment involves state-imposed pain or suffering.
包含有意对个人施加的负效用 It involves the deliberate bringing about of disutility to an individual.
如果仅仅是为了剥夺作恶能力 Presumably, simple incapacitation can be done in a way that does not involve
不强加太多痛苦给个人也并非不能实现 anything more than the minimum amount of imposition of suffering on the individual.
结果主义中所施加的痛苦量 So any amount more than required for incapacitation
很有可能是不必要的 是没有正当性理由的 can't be justified on this consequentialist ground.
而且 除了预防这方面存在非惩罚性能力剥夺外 Moreover, it seems, not just with regard to prevention,
而且 除了预防这方面存在非惩罚性能力剥夺外 that there's a possibility of non-punitive incapacitation,
震慑这方面也具有非惩罚性可能 but also with regard to the question of deterrence.
如果我们关心的是减少犯罪率 Presumably, if one's real concern is to reduce the crime rate,
那么肯定存在代价不及监狱系统大的实现方式 then there are things that are a good deal less expensive than the prison system
那么肯定存在代价不及监狱系统大的实现方式 to bring about that desired goal.
比如创造社会条件 Creating social situations
让人们有教育和就业机会 in which people have access to education and access to employment
这是一个经验性问题 may-- an empirical question--
也许比惩罚更具有减少犯罪率效果 be a more effective means of deterring crime than public punishment.
特别地 如果被监禁的个人还有子女 Particularly if one of the results of jailing individuals, many of whom are parents,
这些子女就会存在问题 is to leave the next generation of children
下一代需要稳定的家庭 in a position where the kind of stable households,
早些时候我们就讨论过 that we know from our earlier discussions of
这是培育有序灵魂的重要因素 what it is that allows people to have well-ordered souls.
很多小孩所在的家庭缺乏了这种稳定性后 Many children growing up in households that don't provide them with that sort of stability
社会代价可能会很大 might have social costs.
我重申一下 这些是实际问题 So let me reiterate, these are empirical questions.
这是一个经验性问题 It is an empirical question
即剥夺能力的最有效形式 whether the most effective form of incapacitation
是不是一定要对个人施加那么大的痛苦 is one that in addition involves the imposition of
是不是一定要对个人施加那么大的痛苦 more suffering than is required for incapacitation at the time.
也许这对预防未来犯罪具有更好的长期效果 Perhaps that has better long-term consequences in terms of preventing future crime.
类似地 也许最有效的震慑形式 Likewise, perhaps the most effective form of deterrence
是公开宣传的惩罚 is a kind of punishment that brings with it a publicity
让他人在未来避免类似行为 that causes others to avoid behaviors of that kind.
但如果预防仅仅要求简单的能力剥夺 But if it turns out that the prevention requires simple incapacitation
而震慑通过其它方式更加有效 and that deterrence seems more effective through some other means,
那么结果主义无法给出惩罚的正当性 consequentialism can't give us a justification for punishment.
结果主义论述的第一个问题在于 So the first problem with the consequentialist argument, if
它作为惩罚的正当性理由并不充分 what you're trying to find is a justification for punishment, is that it under-generates.
其第二大问题在于 特定情况中 它又太过拘泥于惩罚 The second problem is that in certain cases it seems to over-generate punishment.
上一次 我们阅读了约翰•罗尔斯的作品 So it seems-- and we read about this in the John Rawls piece that we read for last class--
罗尔斯提出了telishment的概念 to license what's sometimes called telishment.
telishment也就是说关注telos Where telishment means focusing on the telos,
关注目标 关注目的 而不关注过程 focusing on the goal, focusing on the end, rather than focusing on the process.
这是怎样的呢 So how might this go?
这里有一个例子 这是一群牧人 Here's an example. Here's a community of shepherds.
都很像盖吉斯 每个人都有一匹马 They all look like Gyges. And there they all are with their horses.
然后坏人来了 偷走了两匹马 In comes our standard bad guy and steals two of the horses.
警察想抓他 The police come looking for him.
但他离开了镇子 And he leaves town.
也就是说 找不到偷马的人来进行惩罚 So there's no one to punish for stealing the horses.
可怜的吉姆 又不幸地出现了 Poor Jim, unlucky, shows up just at the time that the
此时警察正在找犯人 police have come looking for a perpetrator.
警察意识到 要避免以后的偷马行为 And the police realize that a very effective way to prevent
为什么不把吉姆抓起来 the stealing of future horses, perhaps, would be to
然后大肆在报纸上宣传 put Jim in jail and write a big newspaper article about it:
"偷马贼已抓获 判处终身监禁" "Horse Thief Captured! Sentenced to Life in Prison."
也就是 惩罚所需要的威慑效果 至少在理论上 That is, the deterrence effect that is demanded by punishment seems, at least in principle,
在特定情况下 就算找个并没有犯罪的替罪羊 as if in certain cases it could be carried out equally effectively by bringing punishment,
在特定情况下 就算找个并没有犯罪的替罪羊 or something like punishment,
也能发挥出同等的作用 to bear on an individual who is not in fact the one who perpetrated the crime.
如果目标是威慑 If the goal is deterrence,
如果公布惩罚结果是产生威慑的方式 and if the hypothesis that publicizing punishment is what produces deterrence,
那么结果主义中将没有概念能够否认telishment then it seems as if there aren't resources in the conceptual
那么结果主义中将没有概念能够否认telishment repertoire of the consequentialists for denying telishment.
同标准的外科医生肢解病人情况一样 As with the standard cases of the surgeon cutting up the patient,
结果主义无法给出更精密的解释 there are more complicated moves that the consequentialists can make.
这就说明 在结果主义框架中 排除telishment是不可能的 And the suggestion is not that it's impossible within a consequentialist framework
这就说明 在结果主义框架中 排除telishment是不可能的 to rule out something like telishment.
因此 你需要明确 The thought is just that it's important to be clear
如果这是你所使用的正当性理由 what resources are available to you if this
你有哪些资源可用 is the justification to which you're appealing.
需要意识到 至少初看起来 And to recognize, that at least prima facie the
结果主义正当性理由既不充分 又太过拘泥 consequentialist justification seems both to under-generate and over-generate
让惩罚看起来 things that look like punishment
违背了人们直觉上所描绘的规则 in cases where, at least as encoded in our inherited legal statutes,
至少在我们所继承的法律条文中看是如此 it violates the norms to which people feel themselves intuitively drawn.
那么如何应对这些问题呢 So how might we get around this problem?
报应主义观念存在问题 Remember there were problems, it seemed, with the retributivist picture,
而且结果主义观念也存在问题 and problems it seems with the consequentialist picture.
应对这些问题的一种标准方式 One of the standard ways of getting around this is to
是通过引入一种二层次理论 introduce what might be called a two-level theory.
上一次我们阅读的作品中 就包含了一个很精密 And we read an example of one of the most sophisticated and influential two-level theories
影响很大的二层次理论 in our readings for last class.
政治哲学家约翰•罗尔斯 几周后我们还会读到他的作品 So John Rawls, from whom we'll hear again in a couple of weeks, the political philosopher,
他在1950年代的著名论文"规则的两种概念"中就谈到了惩罚 wrote in the 1950s a famous paper called "Two Concepts of Rules."
他在1950年代的著名论文"规则的两种概念"中就谈到了惩罚 in which, one of the things that he analyzes is punishment.
他认为 And what he suggests is that
我们应该以更精密的方式思考惩罚正当性理由 we think about the question of the justification of punishment in a more complicated way.
应该首先考虑 什么能让惩罚实践本身具有正当性 That we think first about what it is that justifies the practice itself:
社会能够惩罚个人的正当性理由是什么 What makes it legitimate for a society to have punishment?
他认为 让惩罚实践正当的是 And the suggestion is that what justifies the practice itself
惩罚实践具有社会效用 is that having such a practice in place is something of societal utility.
而在这种实践构建起来后 But that once we have set up the practice,
让实践中特定行为正当的是报应 what justifies particular actions within the practice is retribution.
他在之后的论文中指出 And he suggests, later in the paper,
实践本身正当性同实践中特定行为正当性的区分 that we think of this distinction between justifying a practice
实践本身正当性同实践中特定行为正当性的区分 and justifying actions within a practice,
就像棒球规则一样 on analogy with something like the rules of baseball.
建立棒球规则时 So when we set up the rules of baseball,
我们可以探讨 we can have a debate about whether
这项运动到底是三击好还是四击好 baseball would be a better game if there are three strikes or four strikes.
偷垒到底应该允许还是不允许 Whether baseball would be a better game if stealing bases is allowed or disallowed.
投手到底应不应该也被当作击球手对待 Whether baseball is a better game if, or if not, pitchers are also treated as batters.
这就是关于实践本身性质的讨论 So that's the debate about the nature of the practice.
实践本身性质的讨论时 And you might think when we're debating the nature of the practice,
可以把各种因素考虑进来 one sort of consideration comes into play.
但一旦实践建立起来后 But once we have the practice in place,
我们就不应该再在特定比赛这一实例中辩论 we don't have debates in the context of a game about whether it would be better in that
击球手是否应该四次击球 particular instance for a batter to get four strikes.
不应该再在这一特定实例中 Or whether it would be better in that particular instance
辩论偷垒是犯规还是合理利用规则 for a stolen base to count or not count as a way of advancing across the bases.
所以 我们需要区分如何建立实践 So we can distinguish between what it is that sets up our practice,
以及实践建立后我们应该具体如何做 and what it is that happens once our practice has been set up.
罗尔斯认为 让惩罚实践正当的 是它具有效用 And Rawls' suggestion is that what justifies the practice in
罗尔斯认为 让惩罚实践正当的 是它具有效用 the case of punishment is a general picture of utility,
而让实践中特定行为正当的 则是报应 whereas what justifies acts within the practice is something like retribution.
这种观点能够同时解决两个问题 And the suggestion is that this manages simultaneously to resolve two problems.
它解决了正当性不足的问题 It resolves the problem of under-generation,
如果一般性实践没有用 in some sense, because if the general practice isn't useful,
那么该实践会被抛弃 then the practice will be abandoned.
而且 它也明确解决了过于拘泥的问题 telishment的问题 And it resolves more clearly the problem of over-generation, the problem of telishment,
因为这在实践的具体行为中被排除 because it's ruled out as an act within the practice.
我们制定了惩罚所包含的规则 We've set up the rules of what punishment involves.
这些由效用主义基础提供正当性 Those are justified on utilitarian grounds.
而在实践行为中 我们不能像之前那样 But within the practice we can't do things like put Jim
把吉姆丢进监狱 作为震慑方式 in jail as a way of deterring,
因为这在实践中是被禁止的 because that's prohibited within the practice.
貌似 关于报应主义或结果主义中的惩罚正当性问题 So it might seem that the pluralist challenge, or the pluralist solution,
貌似 关于报应主义或结果主义中的惩罚正当性问题 to the dilemma of how punishment might be justified,
通过多元主义方式 either retributively or on consequentialist grounds,
得到了我们所关注的答案 solves the problem with which we were concerned.
告诉我们 一个国家如何具有伤害其公民的正当性 Which is, how can the state ever be justified in bringing about harm to its citizens?
不过 哪怕这种答案 也有三个问题需要进一步解答 But there are, I think, three questions that can be raised even with regard to this solution.
我们可以问 仅凭效用 而不借助于报应 So we might ask whether utility alone, without appeal to retribution,
是否真能作为实践的唯一正当性理由 can really serve as the sole justification of the practice,
正当性不足的问题是否会在实践正当性中再次出现 or whether in fact the under-generation problem is just going to re-emerge at the
正当性不足的问题是否会在实践正当性中再次出现 level of justification of the practice.
我们可以问 仅凭报应 而不借助于效用 We can ask whether retribution alone, without appeal to utility,
是否真能作为实践中行为的唯一正当性理由 can serve to justify actions within the practice,
还是说 要最终知道惩罚需要怎么做 or whether ultimately in order to capture what it is that we want punishment to do,
哪怕实践确立后 仍然需要借助于效用 even once we've established the practice, requires some appeal to [utility].
一会 我会讲到这方面的心理学 And I'll talk about the psychology of this in a minute.
最后 我们还可以问 这两层之间差异很大 And finally we might ask whether, given the distinctness of the two levels,
我们能否真正为惩罚提供一致的正当性理由 we've provided anything like a coherent account of what justifies punishment.
如果一类理由支配着实践 If one sort of reason governs the practice,
另一类理由支配着实践中的应用 and another sort of reason governs the application of the practice,
如果两类理由相互独立地进行着工作 then even if each of them independently is able to do that work, in fact,
如果两类理由相互独立地进行着工作 especially if each of them independently is able to do that work,
如何让两者融合起来提供一致性解释显然存在问题 one might wonder how the two together provide a coherent account.
讲到这里 惩罚实践的一般性哲学问题就算完了 So that closes what I want to say about the general
讲到这里 惩罚实践的一般性哲学问题就算完了 philosophical issues underlying punishment as a practice.
我们考虑两种标准的正当性理由 We thought through two of the standard justifications, and
然后第三种标准试图结合它们 then a third which attempts to reconcile them.
我提醒一下你们 这里我们所做的 And let me again remind you that part of what we're doing
部分是考虑更一般的道德正当性 here is thinking more generally about moral justification.
因此 我们在惩罚语境中所做的论述 So all of the arguments that we've considered in the context of punishment
同之前道德讨论中的论述具有直接对照 have direct analogs in the positive mirror image of it.
这一讲的后半部分 我将讲到另外三个问题 What I want to in the last half of lecture is to talk about three additional questions.
这些同这次的阅读相关 These are the readings that we did for today.
我想讨论一些心理学内容 I want to talk about the psychology and the psychological constraints
这是任何惩罚观念应该遵循的心理学限制条件 that seem to constrain any picture of punishment that we're going to have.
考虑人对特定规范违反行为的直觉反应是怎样的 That's going to accord with how it is that it appears people intuitively
考虑人对特定规范违反行为的直觉反应是怎样的 respond to particular instances of norm violation.
我将把我们在惩罚语境中所讨论的内容 I want to connect what we've talked about in the context of punishment with the
同三月假期前我们最后讨论的运气问题联系起来 issues that we talked about around luck at the end of our classes before March break.
最后 我将回到亚里士多德关于美德品格的主题 And finally, I want to bring us back to some Aristotelian themes about virtuous character
讨论相关的惩罚和子女养育内容 by talking about punishment and parenting.
最近30年左右的时间内 So there's been, in the last thirty years or so, a vast body
大量经验丰富的社会心理学者进行了大量实证研究 of empirical research conducted by a number of extremely sophisticated social psychologists
这些学者研究了人们对假设案例的反应 who have looked both at people's responses to hypothetical cases
还研究了很多国家的法典 and at the legal codes of numerous societies
不仅试图回答规范性问题 in an attempt to get not at the normative question,
什么让惩罚正当 what should justify punishment,
还试图回答描述性问题 but at an answer to the descriptive question,
惩罚应该满足人的什么心理需求 what psychological human need does punishment address.
在探索这些问题的过程中 约翰•达利… And in exploring these questions, John Darley--
课程中我们很有几次 包括今天 都阅读了他的作品 from whom we've read selections at a number of points in the course, including for today--
他在讨论中考虑了一些 makes appeal in his discussions to the very
我们在规范性问题讨论中所要辨别的内容 distinction that we've been talking about with respect to the normative question.
你可以通过考虑什么因素影响人们关于惩罚的决定 So you can distinguish
你可以通过考虑什么因素影响人们关于惩罚的决定 in looking to see what factors affect people's decisions about punishment,
辨别他们是否将自己注意力集中于应得和报应这样的问题 whether what they seem to have their attention directed to are
辨别他们是否将自己注意力集中于应得和报应这样的问题 questions of things like just desert and retribution.
考虑这样一些问题 That is questions--
如果个人意图造成大量伤害 does it affect how likely or how severe their punishment will be,
这是否会影响到他受到惩罚的可能性和严重性 if it looks like the individual in question intended to do a great amount of harm,
而不管他成功与否 regardless of whether he or she succeeded at it?
如果偷钱是为了捐给慈善事业 Does it affect people's assessment of bringing about of harm,
而不是为了自己去买法拉利 if the individual, for example, stole money to give to a charity,
人们对惩罚伤害的评定是否会有所不同 as opposed to stole money to buy herself a Ferrari?
个人的心理状态 If questions about what was going on in the individual's mind--
是否故意施加伤害 did the individual intend to bring about the harm or not --
是否希望通过犯罪来实现某种收益目标 if questions about what goals the person had with respect to the proceeds of the crime--
是用犯罪来做利社会 还是反社会的事 did they want to use them for something prosocial or something antisocial --
惩罚在这些方面的问题需要用报应的理由来回答 then it looks like one of the kinds of considerations that's
惩罚在这些方面的问题需要用报应的理由来回答 coming into play when people reason about punishment are things about retribution.
相反 如果人们考虑施加哪一类惩罚时 By contrast, if when people are thinking about what kind of punishment to impose,
首先考虑的是这种犯罪是否容易被发现 what they look at are things like, how likely is a crime like this one to be detected,
或者惩罚会在多大范围内公开 or how public is the act of punishment going to be,
那么惩罚的根本心理学机制 then it seems like the underlying psychological mechanisms behind punishment
就应该主要敏感于结果主义条件 are ones that are primarily sensitive to consequentialist constraints.
最近数十年的研究中 So in a series of studies over the last several decades,
心理学界一直在问这一问题 psychologists have asked the question,
惩罚判决对哪一类变量敏感 to what sort of variations are punishment judgments sensitive?
一般而言 当法官判决惩罚时 In general, when people are assigning punishment, when
当法官考虑严重性 考虑是否施行惩罚时 people are assigning severity, when people are deciding whether to punish or not,
如果有机会搜寻信息 do they, if given the chance to look for information,
他们是否愿意了解罪犯的心理状态 want information, for example, about the criminal's state of mind
或者罪犯的动机 or about the criminal's motivation?
还是说 他们希望了解 惩罚会在多大范围内公开 Or do they want information about how widely publicized the punishment is going to be
或者这类犯罪有多难被发现 or how likely crimes of this sort are to be detected?
结果非常一致 显示出 And it turns out fairly consistently that it's
第一类信息是导致人们反应的主要原因 considerations of the first type that seem to be driving people's responses.
也就是说 效用并非心理学研究对象或法典中主要关注的变量 That is, that a utility calculus doesn't seem to be the primary motivation
也就是说 效用并非心理学研究对象或法典中主要关注的变量 when individuals who are surveyed in psychology studies, or penal codes,
效用并不是惩罚下的根本心理机制 are looked at as indications, of the psychological mechanisms that underlie punishment.
而且我们还看到了支持这种假设的进一步证据 And we see further evidence in favor of this hypothesis
这种证据来自于一种有时被称为 if we consider a phenomenon that's sometimes known as
利他或高代价第三方惩罚的现象 altruistic or costly third-party punishment.
也就是说 个体A So these are cases where an individual, A,
惩罚… 也就是给另一个体带来伤害和代价 punishes-- that is brings about harms and costs to-- another individual,
进行这种惩罚时 首先A有一定代价 in a way that, first of all, brings a cost to A,
同时这对A没有直接好处 brings no direct benefits to A,
而且违背规范的行为对A本没有影响 and concerns a norm violation that didn't affect A in the first place.
比如 我正排队等待购买iPad 2 So for example, I'm standing in a long line waiting to get my iPad 2,
而我后面有人插队 他没有插到我前面 and a person cuts in line behind me. Right-- so, he cuts in line behind me.
不会影响我买iPad的顺序 It doesn't affect my access to the iPad.
我可以这样惩罚他 让他后面所有人排到我和他的前面 I might punish him by inviting everybody that stands behind him to cut in front of both of us.
这显然是以牺牲我自己为代价 That makes me worse off, right?
我让后面所有人插到我的前面 I've just let everybody behind me in line cut in front of me.
这对我没有任何直接好处 It doesn't directly benefit me in any way.
而且在我后方插队的那个人 其行为 And the thing for which I am causing a harm to the individual behind me
对规范的违背本来并没有影响到我 is not something that concerned a norm violation directed at me.
他在我后面插队 He cut in line behind me.
行为经济学文献中 我们一次又一次看到这类行为实例 And we see instance after instance of behaviors with
行为经济学文献中 我们一次又一次看到这类行为实例 this structure in the behavioral economics literature.
不管是出于什么原因 It appears for whatever reason.
可能因为这是一种促进特定类型进化稳定利社会性的方式 Perhaps because this is a way of promoting a certain kind of
可能因为这是一种促进特定类型进化稳定利社会性的方式 evolutionarily stable prosociality.
可能因为对规范的违背深入到启发式 导致人们这样行为 Perhaps because norm violations tap into heuristics that cause people to act in certain ways.
可能是其它什么原因 Perhaps for some third reason.
在各种实验室和公共设置中进行的研究中 It appears that in numerous, both laboratory and public settings,
都有人施行了具有如上结构的惩罚性行为 individuals engage in punitive acts that have the structure articulated above.
结果主义 至少其最简单的形式 无法解释这个 Consequentialism, at least in its simple form, can't explain that.
最后 心理状态对惩罚情景中人们的反应也有作用 Finally, state of mind seems to play a large role in how it
最后 心理状态对惩罚情景中人们的反应也有作用 is that people respond to situations that potentially involve punishment.
假设 可怜的吉姆来到我家 So suppose poor Jim comes over to my house, and
门后面不显眼的地方放了一把我非常喜欢的伞 hidden behind the door is my prize umbrella.
吉姆敲门 我告诉他 "进来" And Jim knocks on my door, and I say to Jim, "Come in."
吉姆进来 不小心掀翻了我的伞 And Jim walks in the door and knocks over my prize umbrella
而且一脚踩上去 踩了个大窟窿 in a way that causes him to stamp through it and poke a hole in my umbrella.
他说"哦 不 你的伞" 这是情况一 And he says, "Oh no, your prize umbrella." Case one.
情况二 吉姆来到我家 Case two, Jim shows up at my house.
他敲门时我告诉他 And I say to him as he knocks on the door,
"吉姆 吉姆 进来时小心我的伞" "Jim, Jim look out for my umbrella as you come in!"
吉姆打开门 把我的伞踩了一个大洞 And Jim opens the door and stomps on my prize umbrella, putting a hole in
他说 "糟糕 你的伞" it, and says, "Oh darn, your umbrella!"
情况三 吉姆敲我家门 Case number three, Jim knocks on my door.
我说 "吉姆 小心我的伞" I say to him, "Jim, look out for my umbrella!"
吉姆开门 一脚踩了我的伞 Jim opens the door, stomps on my prize umbrella,
看着他踩的洞说 "耶 我弄垮了你的伞" and looking down at his footwork says, "Yeah! I smashed your umbrella!"
这三种情况分别会导致我怎样的反应 What sort of responses do these three cases evoke?
这是我们著名的坏值表 讲电车案例时我们用得很多 Here's our famous Bad-o-meter that you will recall from our
这是我们著名的坏值表 讲电车案例时我们用得很多 various trolley and other cases.
吉姆不小心踩了我的伞时 When Jim accidentally stomps on my umbrella--
也就是第一种情况 我说"进来 吉姆" the first case where I said, "come in Jim,"
他踩了伞然后说 "哦 不 你的伞" and he stomped on it and said, "Oh no, your umbrella!"
这里存在伤害 但会被看作很低 There's harm, but it's treated as pretty low-level.
当我对吉姆说 "小心我的伞" When I say to Jim, "Look out, my umbrella!"
但吉姆进来时还是踩了上去 说"糟糕 你的伞"时 And Jim nonetheless opens the door and stomps on it and says, "Oh darn, your umbrella!"
他是由于疏忽大意 he's done something negligent.
不过在对方看来 大多数人会认为 And there's a sense, on the part of most subjects, that
这比之前一种情况要更坏一点 something slightly worse has occurred in the general bad direction.
当吉姆进来踩了伞 And when Jim comes into my house and stomps on my
还显得得意洋洋时 umbrella and proudly looks down at what he's done,
看起来他就像是故意的 having done so, it seems, intentionally, there is, on
大多数人看来 这种情况就更坏了 the part of most subjects, a sense that something worse has happened.
仅凭结果主义无法解释这个 Consequentialism alone can't explain this.
三种情况下 都是我的伞被踩了 In all three cases I've got my poor stomped-on umbrella.
能解释这个的 What can explain this
是一种各文化中人们似乎都一致拥有的反应 is a response that individuals seem pretty persistently to have across cultures,
这有时被称为道德愤怒现象 which is sometimes called the phenomenon of moral outrage.
意外情况中完全没有道德愤怒 In the accident case, there's no moral outrage at all.
没人会认为吉姆的踩伞行为在道德上令人愤怒 Nobody thinks, that was morally outrageous of Jim to step on my umbrella,
因为他是应要求进门的 而且并不知道伞在门后 given that he didn't know it was behind the door
因为他是应要求进门的 而且并不知道伞在门后 and had just come in in response to my request that he enter.
而疏忽情况中则有些恼人 存在一些道德愤怒 In the negligent case, there's some irritation, there's some moral outrage,
我有一种感觉 "吉姆 我都跟你说了伞在那里" there's a feeling: "Jim, I told you my umbrella was there."
但这种道德愤怒相对较低 But the moral outrage is relatively low.
但在最后一种情况中 吉姆的所作所为 But in the case where Jim did something that strikes us as
让我们觉得他是故意进行伤害 having been an intentional bringing about of harm,
我告诉他伞在那里 他直接不顾我的要求 in direct violation of my request that he not do so, "Jim look out for my umbrella"
此时道德愤怒最高 there's a response of high moral outrage.
在我们这次阅读的文章中 卡尔史密斯和达利认为 And what Carlsmith and Darley suggest, in the article that we read for today,
无道德愤怒 低道德愤怒 高道德愤怒这些态度 is that these attitudes of either no moral outrage, low moral outrage, or high moral outrage
将我们的注意力集中于事件的不同方面 direct our attention to different parties in the episode.
在事件完全没有产生道德愤怒的情况下 When there is an event that's happened that doesn't produce moral outrage at all,
除了希望世界更好的一般性愿望之外 there is, except with respect to a general desire to make the world a better place,
没有注意力聚焦于受害者或施害者 no attention either to the victim or to the perpetrator.
糟糕事情发生 我们可能会想办法改变世界 Bad stuff happens. We might go about trying to change the world.
如果我的车里有一把伞 我可能会把它拿过来 If there's an extra supply of umbrellas in my car, I might bring one of them in.
不过总的来讲 事件偶然发生时 施害者不是注意焦点 But in general, when things happen by accident the perpetrator isn't a focus of attention.
受害者也不是注意焦点 And the victim is no more a focus of attention than he or she would be if
事件结果同一阵风把伞吹坏没有太大区别 this had been brought about as the result of a gust of wind having destroyed the umbrella.
而在低道德愤怒的情况中 注意力聚焦于受害者 In cases of low moral outrage, attention is directed to the victim.
我们倾向于关注赔偿 认为需要让事情好起来 There's a tendency to focus on compensation, on the need to make things better.
但我们不会将注意力集中于对施害者的惩罚上面 But there's no focus on the perpetrator as someone in need of our focused punitive attention.
马上我会让你们拿出点击器 But in the case-- and in a moment I'm going ask you to take out your clickers
因为我们要讨论故意行为 because we're going to talk about intentional action.
当违反道德规范的行为看起来是故意的时候 In the case where the act that violates the moral norm is seen as having been intentional,
我们所关注的不仅是赔偿 我们还关注惩罚 there is a tendency to focus not merely on compensation, but also on punishment.
这是一种非常有适应性的模式 This is an extraordinarily resilient pattern,
这在心理上非常有趣 我们可以根据这些 and one that seems very interesting psychologically if we're trying to come up with moral
制定一些道德规则 让经过进化的人类觉得获得了满足 codes that will seem to evolved human beings, to strike them as satisfactory.
不过这种观念的问题在于 But one problem with this picture is that it turns out
确定某行为是否具有主观故意 that determining whether an action was done intentionally
比实际看起来要复杂得多 may well be more complicated than it had initially appeared.
我的同事 耶鲁大学教授 约书亚•诺博 So my colleague, and your fellow Yale professor, Joshua Knobe,
对什么因素让人们觉得某行为具有主观故意 has done a wonderful series of studies on the question of what it is that
这一问题 进行了一系列精密的研究 leads people to think of an action as having being performed intentionally.
研究中 研究对象都会看一些这样的小故事 And we're doing the study in the way that all of you are going to get both vignettes.
这里 我们无法完全复制研究中的结果 So we won't get exactly the distribution that's indicative of typical responses.
不过 让你们考虑一下这些案例也很有趣 But I think it's nonetheless interesting for you to think through the cases.
多少人见过这些案例 So how many of you have seen these cases before?
举手就行了 大概5%到10%的人见过 Just hands. Ok, so about 5% to 10% of you.
约什•诺博将这样的小故事给研究对象看 So Josh Knobe presents his subjects with scenarios, vignettes like the following.
公司副总裁问董事长 The vice president of a company went to the chairman of the board and said,
"我们考虑开始一个新项目" "We're thinking of starting a new program.
"它会帮我们提高利润 但同时也会破坏环境" It will help us increase profits, but it will also harm the environment."
董事长的回答是 The chairman of the board answered, "I
"我可不关心环境" don't care at all about harming the environment.
"我只考虑尽可能多地获利" I just want to make as much profit as I can.
"开始新项目就是了" 于是他们开始项目 Let's start the new program." They started the new program.
结果显然 环境遭到破坏 Sure enough, the environment was harmed.
问题是这样的 开启这个项目 The question is this: in starting that program--
"我不关心是否破坏环境 我只关心是否有利可图" "I don't care at all about harming the environment, I just care about making a profit" --
这位董事长是否是故意破坏环境 is it the case that the chairman harmed the environment intentionally?
认为董事长故意破坏环境的 选一 Did the chairman one, yes harm the environment intentionally,
认为他没有故意破坏环境的 选二 two, no, did not harm the environment intentionally?
很多人点击器还没拿出来 Huh? People didn't really have their clickers out.
只有70个人 看看结果如何 There's only 70 of you. OK, let's see how it came out.
77%的人认为董事长故意破坏环境 So 77% of you think that he harmed the environment intentionally.
我们再来看第二种情况 And we'll now try the second case.
想办法忘掉第一种情况 Second case-- try to forget that you just had the first. I
虽然这有点难为你们 不过还是请尽量忘掉 know you can't do that, but try to do it anyway.
公司副总裁对董事长说 The vice president of a company went to chairman of the board and said
"我们考虑开始一个新项目 它将帮助提高利润" "We're thinking of starting a new program. It'll help increase profits.
"但它同时会帮助改善环境" But it will also help the environment."
董事长说 "我才不关心对环境有没有帮助" The chairman of the board answered, "I don't care at all about helping the environment.
"我只想尽量多地赚取利润" I just want to make as much profit as I can.
"开启新项目吧" 于是新项目开启 Let's start the new program." They started the new program.
结果环境改善了 Sure enough, the environment was helped.
董事长说 "我才不关心对环境有没有帮助" So the chairman says, "I don't care at all about helping the environment.
"我只想尽量多地谋利" I just want to make a profit."
问题是 董事长有没有故意帮助改善环境 Question, did the chairman help the environment intentionally?
有 选一 One, if yes.
没有 选二 Two, if no.
看看结果如何 And let's see how the numbers come out.
哇 你们太棒了 Wow! You guys are amazing!
你们的答案比诺博的标准结果还明确 All right, you came in even cleaner than standard Knobe
虽然我紧接着给出两个案例 results, even though I gave you the two cases
这本来是会减弱效果的 sequentially, which should've mitigated the effect.
这里结果很棒 典型地 拿这个问人们 But there we go. So classically, when you present this to people,
第一种情况下 83%的人会认为董事长有故意情节 in the first scenario where you guys gave 77% yes he harmed it intentionally,
而你们是77%的人认为如此 roughly 83% of people say that he did.
第二种情况中 你们的答案让人惊讶 Whereas, in the second case, where you guys gave this
有89%的人认为他没有故意帮助改善环境 amazing 89% that he didn't help the environment intentionally,
这个百分比的典型值应该是77% typically this number is 23%. So that one's 67-- sorry, 77.
好 这是怎么回事 OK, now what's going on here?
我提示一下刚才发生了什么 Let me remind you what just happened.
我们考虑了两种相同情景 We had two identical scenarios.
唯一不同的是 我们用"帮助"代替了 The only difference is that we changed the term "help" here
第一种情况中的"破坏" to "harm" in the first case.
两种情况中 董事长都说不关心 In both cases, what the CEO said is,
"我不关心你认为我在第一种情况中故意做的事" "I don't care about thing you think I did intentionally in the first case
"我不关心你认为我在第二种情况中没有故意做的事" and thing you didn't think I did intentionally in the second.
"我只关心盈利" I just care about making a profit."
在第一种情况中 他忽略的事情 So something that he was ignoring in the first case,
你们大多数人都认为他是故意的 most of you thought is something he was intending to do.
而在第二种情况中 他同样是忽略 Whereas something he was ignoring in the second case,
几乎没有人认为他是故意的 almost none of you thought he was intending to do.
惩罚需要考虑主观故意 That's perplexing if
如果上面所发生的这些涉及到考虑中 那问题就更复杂了 what's going on here is that punishment is supposed to be tracking intentional action.
因为我们判断行为是否故意的方式 Because it looks like what kind of action we take to be intentional
同行为本身是否具有道德问题搅在一起 无法分辨 is in some way confounded with what sorts of actions we take to be morally problematic.
这让我们该如何考虑惩罚的整个问题 So that makes the whole question of how we ought to think about punishment
变得比之前更加复杂了 even more complicated than it struck us already.
这个先放到一边 考虑一下 But let's set that aside temporarily and think about
刚才得到的这些心理学结果具有什么意义 what implications there are from the psychological results that we've just been studying.
一方面 似乎在心理上 On the one hand, it looks like, psychologically,
关注回顾过去的报应主义惩罚理由 paying attention to backward-looking or retributivist reasons for
以重新找回正义天平的平衡 punishment, to the rebalancing of the scales of justice,
在心理上需要一种心理满足的理论 is psychologically required for a theory to feel satisfying.
另一方面 展望未来的结果主义观点 Or at the very least, that simply looking forward and thinking about consequentialist
以及效用 在心理上又似乎不够 considerations and utility doesn't seem psychologically sufficient.
于是问题就是 严肃考虑人类心理 So the question is whether, taking human psychology seriously,
是否存在其它办法 there's an additional alternative.
很多心理学家和哲学家都问 And a number of psychologists and philosophers have asked the question
如果我们不往前往后地 whether if we look not backwards and forwards,
将犯罪行为看成是 towards the performance of the crime as
某种需要正义天平重新平衡的事物 something that demands a rebalancing of the scales of justice,
或者考虑能被带给社会的效用 or towards the utility which can be brought to society,
而是考虑我们最初特征描述中的三和四 but rather at the things that we were calling three and four in our initial characterization,
将复原和改造当作我们的动机 at restitution and rehabilitation as our motivations,
我们能否从惩罚中获得心理满足 can we somehow get a psychologically satisfying account of punishment,
目标不是重新平衡或效用 where the goal is not rebalancing or utility,
而是某种弥补 but rather some sort of reparation?
这有时被称为恢复性或弥补性正义 This is sometimes called restorative or reparative justice.
对于这个问题很感兴趣的同学 And those of you who are intrigued by it, I'm pointing
我给你们提供了一个可以阅读相关文章的地方 you to a location where you can read articles about that question.
好 第一部分讨论到此结束了 OK, so that closes the first part of our discussion,
惩罚的心理学意义 the psychological implications of punishment.
这堂课的最后五分钟 And what I want to do in the last five minutes of lecture
我将谈到这同运气的关系 is to talk about the interaction with luck.
然后下周二的下一讲我将 And then we'll begin lecture next Tuesday by talking about
讲到同子女养育的关联 the connection in the context of parenting.
我们这一个单元都在考虑这样的情况 So we've been thinking throughout this unit about the cases like this,
运气在结果中发挥一定作用 where luck seems to play a role in consequences.
施害者并非故意伤害 When the person didn't intend to do harm.
倒霉•手机和倒霉•警觉并不希望撞人 Unlucky Cell Phone and Unlucky Alert had no desire to harm the child.
当然 运气在施害者故意伤害他人时也发挥着作用 But of course, luck can play a role in cases where somebody
当然 运气在施害者故意伤害他人时也发挥着作用 is deliberately trying to bring about harm.
这是我们的标准坏人 So here's our standard bad guy,
他在城镇露面 找到了犯罪目标 who shows up in town where there's a potential victim for him.
他拔出枪说 "哦也 我要打死那个人" And he pulls out his gun and says, "Oh yeah, I'm gonna shoot that guy."
运气站在他一边 And luck is on his side.
他的意图得以成功实现 Intention carries out in the way that he intended and he succeeds.
同他完全相反 倒霉的枪手 His perfect analog, Unlucky Shooter,
在城镇露面 他也说 "哦也 我要打死那个人" shows up in town and says, "Oh yeah, I'm gonna shoot that guy."
但扣动扳机后 很不走运 But when he pulls the trigger, unfortunately,
子弹正要打到目标时 just at the moment that his bullet would have hit his intended victim,
来了一辆卡车 挡住了子弹 up comes the truck that was in our last story, and stops the bullet in its tracks.
他的故意犯罪没能成功 So he doesn't succeed at his intended crime.
注意到 这是前一种情况的对立面 Notice that this is the mirror analog to the previous case.
两种情况中意图是一样的 The intention in the two cases is the same.
行为也是一样的 The action in the two cases is the same.
但第一种情况中 罪犯很走运 实现了犯罪目的 But in the first case the criminal has been lucky with respect to his intended goals.
打中了试图打中的人 He shot the guy that he tried to shoot.
而第二种情况中 罪犯不走运 没有实现犯罪目的 Whereas in the second case the criminal has been unlucky with expected goals.
没有打中犯罪目标 He didn't manage to shoot his victim.
问题是 为什么对上面那个人 我们会给更严厉的惩罚 The question is why we punish this one more seriously than this one.
这样做有怎样的正当性理由 What sort of justification could possibly underlie this?
对此 大卫•刘易斯有一篇很复杂的论文 And David Lewis in the rather complicated, I admit, paper
我让你们这次阅读了 我承认很复杂 that I had you read for today, and I promise we will talk
我保证讨论课上会帮助你们理解其论述逻辑的 about in sections to help you understand what the logic of the argument is,
大卫•刘易斯指出 but David Lewis suggests that the only
上面这种行为惩罚更严重具有正当性 thing that could justify treating this act as more punishment worthy than this one,
仅当我们认为他所说的"刑罚彩票"概念正当 is if we think it would be all right to impose what he calls a penal lottery.
他认为 如果我们客观上知道 So what he says is, if we knew objectively that when you
射击行为有1/10的几率打偏 engage in a shooting action where you pull a trigger
射击行为有1/10的几率打偏 there's a one in ten chance that your action will fail and
9/10的几率打中 a nine in ten chance that your action will succeed, then
那么对你的惩罚 在现行体系中 punishing you is fundamentally, in our current system,
等价于抽签 equivalent to having you draw a straw from among a set of straws
其中9张字条会让你长期被监禁 where there are nine that send you to a long prison term
1张字条让你被短期监禁 and one that sends you to a short one.
他认为 我们的现行实践 And he suggests that we can see that our current practice is akin to that
正当性理由类似于这种假想情况中的抽签 by bringing you through a series of imaginary cases,
正当性理由类似于这种假想情况中的抽签 each of which, he suggests, has the same justification as this straw drawing.
想象一个系统 首先意图在两种情况中是一样的 So imagine a system where once we've established that the intent was equal in the two cases.
让这两个人抽签 We had our two individuals here just draw straws.
每个人有1/10的几率不用被判重刑 Each of them has a one in nine chance of getting off the hook-- sorry a one in ten chance.
9/10的几率会长期被监禁 And a nine in ten chance of getting to jail.
这基于运气 That corrects for luck.
同这等价的 刘易斯认为 并不是让此人来抽签 Equivalent to that, says Lewis, is not that the individual draws the straw,
而是在审判之前 由法院代表抽签 but that before the trial takes place, a court representative draws the straw.
陪审团只需要确定 "他是否故意这样做" And though the jury is just deciding, "did he intend to do it?"
他们并不提前知道处罚是什么 they don't know in advance what the penalty will be.
同这等价的是 刘易斯认为 事先 Equivalent to that, he suggests, is that beforehand,
法院代表抽签 the court representative draws the straw
并告诉公众 如果陪审团认为他是故意的 and makes public that if they convict him of intending to do the crime,
他有9/10几率被判重刑 1/10几率被判轻刑 then he will either receive the nine penalty, the more severe one, or the one.
同这等价的是 刘易斯认为 事先 Equivalent to that, suggests Lewis, is that beforehand we
提供犯罪的重新扮演 几率一样 provide a reenactment of the crime, with similar odds, and
如果受害人死 犯罪者将获得更严重的惩罚 if the victim dies in that case, then the individual will get a more severe punishment.
刘易斯认为 我们的实践虽是让世界按自身规律运行得到结果 And, suggests Lewis, our actual practice of just letting the world play itself out,
然后重刑惩罚成功实现犯罪意图的罪犯 so that we punish the person whose crime attempt succeeded more severely than
而轻处罚犯罪未遂的罪犯 the one whose crime attempt didn't,
但这在道德上等价于彩票中抽签碰运气 is just a pre-enactment, morally equivalent to a re-enactment,
但这在道德上等价于彩票中抽签碰运气 morally equivalent to the drawing of straws in a lottery.
我想通过这个来解释 So I'll close with that as a way of trying to bring out yet
道德或不道德运气的复杂性 again the perplexity of moral, or perhaps, immoral luck.
下周二 我们将讨论凯兹丁的作品 And we'll open next Tuesday with our discussion of Kazdin
然后转入到托马斯•霍布斯的作品选段 and then move on to our selection from the writings of Thomas Hobbes.
明天之前我会发布阅读内容 And I'll post that reading for you by tomorrow.
谢谢 Thanks.