I quote this section in order to point out that this has not been the opinion of the enlightened only recently. Socrates is brought up against it by Protagoras:If you will think, Socrates, of the nature of punishment, you will see at once that in the opinion of mankind virtue may be acquired; no one punishes the evil-doer under the notion, or for the reason, that he has done wrong, only the unreasonable fury of a beast acts in that manner. But he who desires to inflict rational punishment does not retaliate for a past wrong which cannot be undone; he has regard to the future, and is desirous that the man who is punished, and he who sees him punished, may be deterred from doing wrong again. He punishes for the sake of prevention, thereby clearly implying that virtue is capable of being taught. This is the notion of all who retaliate upon others either privately or publicly.Rational punishment does not look to the past but to the future, Protagoras says. Indeed, since we cannot change the past, the only reason -- that is, the only kind of purpose to which rationality even might apply itself -- for punishment must be an eye toward the future. Deterrence is rational. Rehabilitation is rational. Mere retribution is bestial, so he argues.I think that the opposite is true. It is the beast who is most likely to forgo retribution. They will act not to revenge past harms, but to avoid fresh ones. They might kill you if they think you are still dangerous and sense a momentary advantage. They might just as readily avoid you to keep from presenting you with a chance to hurt them again. They will not feel any duty of honor to avenge themselves, or their families, nor to repay you for the wrongs you have done.Retribution is a higher, not a lower quality. This is orthodox, is it not? Vengeance is the divine quality, not a bestial one. Human beings are urged to mercy and kindness toward their enemies not because it is irrational or animal to punish past wrongs, but because they are not high enough to do it well and justly. Be patient, return kindness for cruelty, and you will heap hot coals on their heads.How fitting, then, that it was a Vicar who provided the author cited at the top of this post with his reasons. But this is not a purely Judeo-Christian view. The Ancient Greeks thought this too, those of them who were poets instead of philosophers. They also thought that vengeance and retribution were divine. Hesiod even tells you her name.
A Final Note on Exemplary Justice
Plato and Aristotle on Exemplary Justice
Prime Conan
Having seen what Amazon Prime wanted to do with Tolkien, I don't know if I'm pleased to hear this or not. However, since I subscribe to Amazon Prime anyway for the free delivery (even way out here, well, almost -- the mailbox is half a mile away), I suppose I'll see what it looks like if it makes it the screen.
Exemplary Punishment
If you will think, Socrates, of the nature of punishment, you will see at once that in the opinion of mankind virtue may be acquired; no one punishes the evil-doer under the notion, or for the reason, that he has done wrong, only the unreasonable fury of a beast acts in that manner. But he who desires to inflict rational punishment does not retaliate for a past wrong which cannot be undone; he has regard to the future, and is desirous that the man who is punished, and he who sees him punished, may be deterred from doing wrong again. He punishes for the sake of prevention...
Follow-up to Prior
Beowulf spake, offspring of Ecgtheow:“Lo! we blithely have brought thee, bairn of Healfdene,Prince of the Scyldings, these presents from oceanWhich thine eye looketh on, for an emblem of glory.
Justice as Unfairness
Fairness does not come from external principles that exist in the universe and bind us. Fairness norms are human solutions. They are the rules for playing the game of life properly and agreeing on everyone’s due in society.Fairness norms allow people to avoid having to haggle all the time in real life and to agree quickly on how to split rewards and costs in their interactions. But they can work in practice only if they are not too far from what people could actually claim using their raw bargaining power in a hard-fought bargaining process. Only norms that are broadly in line with actual differences in bargaining power will tend to last.
The immediate problem with that thesis is that it does itself do what it claims it cannot do: it defines fairness, i.e., as "playing the game of life properly and agreeing on everyone's due in society." If this is a universal truth across all of the various societies covered, then there is a philosophical universal at work; the fact that different societies have come up with different ways of agreeing about how to address that universal is actually evidence against the idea that "fairness does not come from external principles," i.e., external to the facts about a given society. If every society develops some idea of fairness in spite of their substantial differences, there probably is -- indeed almost certainly must be -- something external to the facts of any given society driving that project.
The second problem with the thesis arises from the examples. Since I started with the diyya, I'll begin this part with it too. He's arguing that fairness norms essentially ratify existing imbalances in social bargaining power, and points to the fact that in Iranian law (his example, but Islamic law generally) a woman's life is worth half the compensation of a man's. It is true that women have less bargaining power in Islamic societies and under Islamic law; a woman's testimony is also worth half of a man's. Yet the diyya is not the only such system historically, and the value of free women compared to free men has not always disfavored women even though presumably women always had less bargaining power in the era.
This effectively made killing a celibate priest as expensive as killing a nobleman, a useful incentive for communities tempted to settle disputes with the local clergy through violence.
Women of childbearing age occupied an unusual position. The Salic Law valued a free woman who had begun bearing children at 600 solidi, triple the price of a free man, reflecting the community’s loss of future population.
Note that those arguments about why the price was set where it was are assumptions of the modern author, and that they are in direct conflict. If the concern was with future population, a celibate priest would be worth less, not much more. Still: the priest in that society had a very high bargaining power, being able to draw on the authority of the Church as its representative locally in an era of great Church power. One who was powerful enough that he could retain his position even though he was known not to be celibate presumably had greater bargaining power, though, not less: if the author's thesis were correct, he should command more compensation, not less, but the facts say otherwise. And the valuing of a free woman at three times the rate of her husband is not likely a demonstration that she had three times the bargaining power in society! Yet it was the case.
This points to the second problem, but I'll go through another one of his examples before stating it. He opens with an example of king Clovis killing a soldier after that soldier enforced the (actually perfectly equal in spite of differing social/bargaining positions) Frankish rule about distribution of captured war treasure. The conclusion the author draws is that this shows that the equal rule couldn't survive in an unequal society. The example is contingent, however; if the soldier had survived Clovis' attempt and killed the king in revenge, he might well have been rewarded by being elevated to the kingship himself by his fellows (the same ones who had, after all, accepted his rebuke of the king earlier). Then we would be reasoning from the example that the equality demonstrated by the rule was so persuasive, even in an unequal society, that violating it allowed you to rebuke kings or, in extreme cases, kill and replace them (which is, by the way, the story of how the fictional Conan the Cimmerian became king by his own hand -- a story from a much later time).
The author of the original piece is a behavioral economist, not a philosopher nor a historian. He is attempting a philosophical project from historical examples. The problem with doing that is that the two disciplines are diametrically opposed to one another: history is concerned with stating the particular facts that actually happened; philosophy is concerned with the universals (such as this notion of 'fairness,' which appears in at least some form from Aristotle's 'justice as fairness plus lawfulness' to Iranian diyya to Saxon wergild to American payments for wrongful death or dismemberment). The attempt to straddle that line with economics is closer to the historical project, but the historical facts are in a sense accidents that might have gone this way or a different one as far as we know. The universals are found where, regardless of which way the facts happened to go, we still find the same themes emerging.
Fairness and its relationship to justice is one of those things. I think it is probably true that those who occupy powerful bargaining positions are able to use their bargaining power in part to get the people around them to ratify their unfair position. The fact that they always feel the need to do so, with tools like laws or by purchasing social praise from journalists, or from skalds or scops or poets, or by purchasing masses from priests or commissioning praise-plays from playwrights, shows not that fairness is defined by their power. It shows that they are universally keenly aware that the unfairness makes their position perilous, and are always in every society seeking to shore it up.
So what is fair, regardless of the facts of society? That was a question asked by John Rawls in the last century in his famous 'Veil of Ignorance' thought experiment. It's not an experiment that can actually be performed successfully, only imagined as a way of thinking about the problem. If you could pull people from different societies, times, and places, and put them through this 'veil' so that they were temporarily unaware of the facts of their society, and ask them to devise fair rules for any society -- knowing that any society would have inequalities of these kinds, but not knowing where they would fall -- what kinds of rules would they devise?
Rawls wrote a long book about the idea that 'justice JUST IS fairness,' but if you read it he ends up smuggling back in Aristotle's idea that you need laws to enforce people treating each other the way that virtuous people would do by free choice. Thus, after the whole long thing you end up all the way back at the beginning with Aristotle. But there's your universal: two thousand years of law and economics and philosophy, and we always end up in the same place.
A Small Matter
Congress is nearing a vote on the Pentagon’s request to send $130 million in military assistance to armed groups in Syria fighting the Islamic State, but changing dynamics on the ground could weaken the program’s effectiveness and dampen the Trump administration’s efforts to improve ties with Damascus.The Counter-ISIS Train and Equip Fund has disbursed hundreds of millions of dollars since 2014 to pay salaries, provide weapons and train vetted partner forces fighting ISIS — primarily in Syria and Iraq.But in Syria, the organizations that the fund was intended to support, such as the Syrian Democratic Forces, are in the process of integrating with the formal Syrian military, which is overseen by a government the State Department still formally designates as an SST — a State Sponsor of Terrorism.
The SDF are mostly Kurdish peshmerga militia, highly effective fighters with longstanding relations with US Special Forces; 5th Group particularly has ties with the Kurds going back to the era when Saddam was firmly in charge of Iraq. The Syrian leadership were linked to al Qaeda quite directly until not that long ago, but seem to have broken free of that and established a surprisingly decent attempt at ending internal divisions and unifying the long-fractured country. However, they are still on the State Sponsor of Terrorism list.
It's not an insurmountable problem; a similar thing came up in Libya during the Obama administration, when they wanted to back the anti-Gaddafi rebels who were also al Qaeda affiliates. The State Department had them as Foreign Terrorist Organizations and had to go through the process of rescinding that designation. That proved manageable; but there is an additional workaround that you can probably imagine for yourselves, the one that was being employed in Benghazi. That was of course why we had a consulate in Benghazi staffed by a high-level official with a nearby "Annex." Still, to get the official money soon to be approved by Congress there they have to go through the motions of doing it.
Solstice
Mississippi John Hurt
Grim got me started listening to Jimmie Rodgers and I've been exploring the early 20th century for other musicians like him. Although the style's different, Mississippi John Hurt (1893-1966) is a very worthwhile listen. Of course, I loved the blues long before I loved country, but Hurt is country blues, so there's something for all of us in his music.
He grew up the son of ex-slaves sharecropping the land they had been slaves on. In the 1920s he got a deal to record some of his music, but it didn't sell very well and then the Great Depression hit. He went back to sharecropping. In the 1950s the folk music revival hit and musicologists discovered his recordings. Eventually, one of these musicologists found him on his farm and he started touring and recording again in the early 1960s. He's known for old-time, folk, blues, spirituals, and country, though it seems he most often gets labeled country blues.
Here's a good spiritual:
Here's some live blues:
Two Arthurian Recommendations
1. The King Arthur Trilogy by Rosemary Sutcliff
The King Arthur Trilogy is a worthy retelling of the Arthurian stories for a younger audience, Amazon listing it as for ages 9-12. At several multiples of that age, I thoroughly enjoyed reading it. She based her version on primary sources but, like any good storyteller, has added to and shaped the stories, weaving them into a coherent whole. In particular, she is skilled in her presentation of the characters in the story, while remaining firmly within the tradition. This is the best introduction to the whole of the Arthurian stories I've found. After reading this, someone new to the stories will have a good grasp of the essential elements and story lines and will be well-prepared to tackle more complex versions of the stories.
Sutcliff retold a number of other classical stories for this age group. I believe that her Black Ships before Troy has become the standard introduction to the Illiad for younger readers in much of the classical education and homeschooling community, which she follows with The Wanderings of Odysseus. She also has Beowulf, Dragon Slayer. I'll be adding these three books to my "read for fun" list.
2. The Pendragon Cycle: The Rise of the Merlin
The Daily Wire has made a 7-episode series from the first two of Stephen Lawhead's Pendragon Cycle series of novels. It focuses on the bard Taliesin and on Merlin's life up through being advisor to Uther and setting the stage for Arthur.
Overall, I thought it was very well done. The production was as high quality as I've seen in any TV series, the acting was good, the story is well-told, and I thoroughly enjoyed it. Two possibly unique aspects of the story is that it weaves in Plato's story of Atlantis as background and it presents Merlin as a Christian wizard, though still with one foot in the pagan world.
My only complaint is that near the very end Merlin experiences a severe internal conflict which is just difficult to show on screen and so comes across a little flat. A possible solution might have been to add a couple of imaginary scenes running through Merlin's mind to show that conflict. That said, overall, it was an excellent show and I'll watch it again.
Alas, it is currently only available by subscribing to the Daily Wire. I got a discounted one-year subscription and have been enjoying it. They have a number of conservative movies and a number of programs on history, mythology, and of course tons of political talk, their bread and butter. They also have a number of conservative-friendly children's shows. For me, it was worth a one-year subscription, but I doubt I'll re-up.
Here's the trailer:
Rainer Maria Rilke Poems
The late 19th & early 20th century Austrian poet Rilke was recommended to me by a literature professor, so I gave him a try. Here are a few I thought were worthwhile. In this collection, translated by Stephen Mitchell, Rilke mostly gives us snapshots or vignettes with a single focus. His work was influential on a number of 20th century poets you might have heard of, such as Robert Bly, M. S. Merwin, and W. H. Auden.
The Panther
His vision, from the constantly passing bars,
has grown so weary that it cannot hold
anything else. It seems to him there are
a thousand bars; and behind the bars, no world.
As he paces in cramped circles, over and over,
the movement of his powerful soft strides
is like a ritual dance around a center
in which a mighty will stands paralyzed.
Only at times, the curtain of the pupils
lifts, quietly--. An image enters in,
rushes down through the tensed, arrested muscles,
plunges into the heart and is gone.
Alas, Babylon
Some Brief Remarks on "Peace"
White House Fight Night
I went to UFC headquarters last time I was out in Vegas. It's quite a thing, really.
I have heard that the President slept through part of it, but the man is 80. He should sleep.
There Is No Such Thing as Intelligence
The Communist Supercar
BYD said the Denza Z featured “shattering high performance” with over 1,000 hp and the ability to sprint from 0 to 62 mph (0 to 100 km/h) in less than two seconds, it didn’t reveal specifics....[New details show] the four-seat EV roadster is slightly larger than the Porsche 911 and closer in size to the Mercedes-AMG GT Coupe. The Denza Z is more powerful than both, with the 911 Turbo S delivering up to 701 hp and the Mercedes-AMG GT Coupe offering up to 1,153 hp.BYD’s electric supercar can reach a top speed of 217 mph and weighs 5,842 lbs (2,650 kg) for the hardtop version.The Denza Z will be available with a soft top and a souped-up track package that gains a massive rear wing spoiler.

