Max Archer
4 April 2008
Concept Excavation #3 – Punishment
In Plato's Gorgias, readers are taught to recognize the value of punishment in making the criminal and society better. In punishing, “we do not desire to kill or banish or confiscate,” but instead we teach others about our desire for what is good (Gorgias, p. 30). By punishing those who offend the established collective order, we reaffirm the importance of that structure by performing rituals which encourage the criminal to avoid the offense again while teaching others to shy away from similar offenses. Gorgias establishes a critical framework for evaluating the efficacy of punishment in that “everyone who is punished, and rightly punished, ought either to be benefited and become better, or serve as an example to others that they may behold these sufferings and through fear become better” (Gorgias, p. 104).
Punishment is derived from the Latin word pūnīre, which is also related to poena, which means pain or penalty (Dictionary.com). The word is also based in the Greek word poinē (Dictionary.com). The Greek term can be traced back further to mean blood-money, fine, penalty, or punishment (Online Etymology Dictionary). During the time of Ancient Greece, “the range of possible punishments included death, imprisonment, loss of civil rights (i.e., the right to vote, the right to serve as a juror, the right to speak in the Assembly), exile, and fines” (Linder).
In modern times, “tough love” has been manipulated to rationalize extreme suffering. In the case of Abu Ghraib, we can see how the punishers care for “nothing but the gratification they bring” when punishing others (Gorgias, p. 74). Prisons define American culture, so that torture has become commonplace to the point where all means of violence can be rationalized (Franklin). While justice and self-control are the qualities of a lawful soul (Gorgias, p. 79), seeing soldiers arranging bodies into spectacles of suffering denies the positive potential of punishment based on the ancient teachings outlined above. In examining this modern construction of punishment, we remember Gorgias' lesson, that “to do injustice is the greatest of all evils” (Gorgias, p. 31). In performing these extreme acts of humiliation and dehumanization against those who have committed crimes, the US loses its moral high ground to criticize others. The punishment in these cases may match the crimes the offender has committed, but by inflicting such suffering, punishment only denies the pursuit of the good by enacting suffering that is fundamentally unjust and thus, unjustified.
References
Dictionary.com Unabridged (v 1.1). http://dictionary.reference.com/browse/punish
Franklin, H. Bruce. (2004). “Abu Ghraib…Shocking? What Happened There is Commonplace at U.S. Prisons.” http://hnn.us/articles/8842.html
Linder, Douglas. (2002). “Criminal Procedure in Ancient Greece
and the Trial of Socrates.” http://www.law.umkc.edu/faculty/projects/ftrials/socrates/greekcrimpro.html
Online Etymology Dictionary. http://www.etymonline.com/index.php?term=penal
4 comments:
The framework that Gorgias establishes still justifies the Abu Ghraib torture. Considering the attention given to those photographs by the media, those prisoners were made into an example. The torture committed against these individuals, at times, was tailor made for Muslims. The homoerotic positions the men were put in specifically went against their religion, which is one of the reasons so many Muslims were outraged. Clearly, if these men do not want to be punished as such, they will not commit terrorist acts. This fits the critical framework of Gorgias.
Of course, you can view these tortures as only exasperating the problem of terrorism. I actually believe more people were likely recruited by terrorist organizations because they were shown these pictures. Why wouldn't they see us as evil? The pictures are probably working in opposition to the idea that the pictures set an example for future terrorists, which means the above critical framework would prove this torture is unjust. However, it is impossible to know if there are more terrorists because of those pictures, and it is double impossible (if that is possible) to prove the torture served as a good deterrent. That's the problem with that critical framework. It is just as easy for the Bush administration to claim those pictures set an example for the prisoners as it is more me to claim they made more terrorists.
I wanted to respond to the specific idea that according to Franklin American prisons define American culture. Unfortunately, the actions of the punishers do not serve an accurate representation of the beliefs of the American public. In fact, according to a Gallup poll (November 2007; it was the most recent I could find) a majority of Americans not only oppose torture of prisoners but the assassination of leaders of countries that sponsor terrorism. It's frustrating that other countries are not familiar (or perhaps do not acknowledge) the true feelings of the American public.
Interesting post and following comments--I have some thoughts to add to the discussion--
The Franklin article Max cites is talking about the American prison system and how we rarely question or are outraged at the torture and enslavement of our own criminals. A quote from Dennis Child's can highlight some important issues when discussing the US prison system,
"devaluation of non-white life was a key factor in the tortures of Abu Ghraib. But, as those of us familiar with the US criminal “justice system” know all too well, Abu Ghraib and Guantanamo are merely exports of what has gone on for years in American prisons such as Pelican Bay and Attica, and Louisiana’s “Angola” prison/slave (http://www.countercurrents.org/us-childs021104.htm)
Other countries don't respect American's feelings, because American's aren't holding their elected politicians accountable, and because we are hypocrites, we have the highest rate of prisoners, China has 500,000 less prisoners with 4 times the population (http://www.blackcommentator.com/215/215_american_torture_chambers_prisons_nyasha.html). Despite public opinion being against torture, we don't hold our leaders accountable, and don't even recognize what is happening behind the prison door (next door) where torture with no goal of rehabilitation exists, the death penalty as one in which there is no hope the prisoner will get better. Government actions legally and illegally employ modes of torture that you or I may not agree with. We need to accept accountability for our actions as a country, and as individuals demand accountability from our government and all those who represent us.
And Purtle, I think that the saying "clearly, if these men do not want to be punished as such, they will not commit terrorist acts" over simplifies these acts of torture. How does humiliation and sexual abuse better the prisoner? And what is the prisoners crime? If it is 'terrorist' then we may think of it as foreigner in Greek texts. Do the actions taken make the 'terrorist' realize their evil, and then want to join the US or us? And we should not be so ready to judge all these prisoners as having 'done terrorist actions', when the terrorist is the foreigner, when we set up the US vs. Terrorist, in a country we invaded, lines blur and who is bad and who is good become unclear.
And I think probably more importantly is the question of do the ends justify the means, or the Gorgias claim that Max cites, To do injustice is the greatest of all evils. If dehumanization and making a spectacle of those whom are unable to fight back, I find this to be unjust, and an unjustifiable means to a questionable end. So whether these pictures increased 'terrorism' or stopped people from joining terrorist groups isn't the question.
The idea of justice being integral in handing down punishment is unique. This concept of justice and punishment is evident today in the war on terrorism rhetoric. In Bush's Axis of Evil speech he cites justice as the reason the terrorists must be punished.
One is left to wonder if the United States has developed an ethic when it comes to justice. Does our government feel it has the role of bringing justice to the world? At some point our society will have to come out from behind the curtain of justice and be held accountable for our actions (handling of the war on terror). It will be interesting to see how the rest of the world continues to view our sense of justice.
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