Direct Punishment Research Articles

Avoidance of altruistic punishment: Testing with a situation-selective third-party punishment game

Third-party punishment games have consistently shown that people are willing to bear personal costs to punish others who act selfishly, even as uninvolved observers. However, the traditional third-party punishment game places participants in contrived situations that mandate direct punishment decisions, potentially inflating the prevalence of such actions compared to those observed in more naturalistic settings. In light of this obligatory nature, one might speculate that if given the autonomy to step aside, people could be inclined to forgo punishment rather than penalize unfairness. The present study developed the Situation-Selective Third-Party Punishment Game (SS-TPPG), an experimental paradigm, to investigate whether avoidance of witnessing unfairness stems from a reluctance to make punitive decisions or a desire to avoid observing unfairness altogether. Three studies (total N = 810) consistently revealed that avoidance was driven by both a reluctance to witness unfair treatment and an aversion to administering punishments. Notably, participants who typically avoided observing unfair treatment were inclined to punish when forced to observe it. Furthermore, when given the opportunity to punish indirectly, participants were less likely to avoid observing unfair distributions. These results suggest that the elevated instances of direct punishment noted in the traditional third-party punishment game might be reflective of the game's structure, which constrains participants' ability to avoid witnessing unfair distributions.

Rethinking climate agreements: self-enforcing strategies for emission reduction through sanctions

Although climate change is expected to cause significant negative impacts, climate treaties give hope for reducing greenhouse gas (GHG) emissions, potentially leading to less severe climate change. However, climate change is a public bad: If each country aims to maximize its own benefit, some countries might free ride and continue to emit GHGs. Consequently, climate treaties have seen limited success, and a central question is how future treaties can achieve GHG emission reduction and also be ‘self-enforcing’—where participating countries have no incentive to withdraw or modify their contributions. Here we examine a dynamic negotiation process involving multiple countries, each deciding whether and when to join the agreement and whether to penalize non-participants. In particular, we distinguish between (1) indirect punishment, in which countries invest less in emission reduction in response to non-compliance of other countries, and (2) direct punishment, in which countries impose sanctions, such as punitive tariffs, against countries that do not comply. We analyze the negotiation process using evolutionary game theory. We show that how the two types of punishment are implemented greatly affects the agreement’s outcome. In particular, an efficient combination of the punishments could lead to more desirable self-enforcing agreements. These findings indicate that integrating punitive measures with an effective negotiation framework could result in more desirable climate agreements.

Teaching Norms: Direct Evidence of Parental Transmission

Abstract We examine the educative role played by parents in social norm transmission. Using a field experiment, we study whether parents enforce and comply more with norms when their children are present compared to when they are not. We compare similar parents when or after they drop off or pick up their children at school. We find that parents accompanying children, in contrast to parents alone, are more likely to punish norm violators and to provide help to strangers when there is no violation. They also tend to substitute more direct punishment with withholding help as a means of indirect punishment.

PENGGUNAAN METODE INTERNALISASI DALAM PEMBELAJARAN ILMU AKHLAK DALAM NASKAH SERAT KIDUNG SESINGIR KARYA PAKUBUWONO IX

Internalization is a method used to absorb and instill values so that they are embedded in humans. This method has been used in texts containing moral teachings such as the manuscript of Serat Kidung Sesingir by Pakubuwono IX. The purpose of writing this article is to reveal the use of the Internalization Method in Learning Morals in the Fiber Kidung Sesingir Manuscript by Pakubuwono IX. The method used uses a qualitative approach and utilizes philological methods to present the text and translate it. The result is in step (1). Modeling is carried out using the story method, namely conveying stories from the past and being used for the process of taking orders; (2). Habituation, by inculcating noble character such as diligently working, worshiping, and others; (3). Enforcement of the rules, the author of the manuscript uses examples in the form of direct punishment of a number of religious officials who violate morals; (4). Motivating is carried out according to the level that humans have and the motivation for each person is adjusted to the circumstances of the person concerned.Keywords: internalization, morals, Kidung Sesingir

Direct punishment and indirect reputation-based tactics to intervene against offences.

Punishment and reputation-based mechanisms play a major role in supporting the evolution of human cooperation. Theoretical accounts and field observations suggest that humans use multiple tactics to intervene against offences-including confrontation, gossip and ostracism-which have unique benefits and costs. Here, we draw a distinction between direct punishment tactics (i.e. physical and verbal confrontation) and indirect reputation-based tactics (i.e. gossip and ostracism). Based on this distinction, we sketch the common and unique social functions that different tactics are tailored to serve and describe information-processing mechanisms that potentially underlie decisions concerning how to intervene against offences. We propose that decision rules guiding direct and indirect tactics should weigh information about the benefits of changing others' behaviour versus the costs of potential retaliation. Based on a synthesis of existing evidence, we highlight the role of situational, relational and emotional factors in motivating distinct punishment tactics. We suggest that delineating between direct and indirect tactics can inform debates about the prevalence and functions of punishment and the reputational consequences of third-party intervention against offences. We emphasize the need to study how people use reputation-based tactics for partner recalibration and partner choice, within interdependent relationships and social networks, and in daily life situations. This article is part of the theme issue 'The language of cooperation: reputation and honest signalling'.

Age-friendly regeneration of urban settlements in China: Game and incentives of stakeholders in decision-making

The age-friendly regeneration of urban settlements has been promoted in China to meet older people's demand for "aging in place". However, there are some contradictions among stakeholders in the decision making, hindering the regeneration process. Therefore, after identifying the stakeholders and their contradictions and clarifying their benefits and strategies, this paper established an evolutionary game model of the local government, investors and residents and then explored the stable strategy set of the evolutionary game of stakeholders. A case simulation method was used to test the theoretical results. This paper found the incentive measures that improve the efficiency of the decision making regarding the age-friendly regeneration of urban settlements. This paper also found that under limited conditions, the only stable strategy set of the stakeholder game was the local government, investors and residents implementing active intervention, coordinating opinions and agreeing on benefits strategies, respectively. The evolutionary sequence of the stable strategy set is "local government → investors → residents", which was very important to the application of incentive measures and the proposal of policy implications and suggestions. The effective incentive measures to improve the age-friendly regeneration decision-making efficiency included the following: direct subsidies, indirect subsidies and direct punishment for investors and passive compensation and sharing coefficient optimization for residents. Some policy implications and suggestions for improving decision-making efficiency and promoting the age-friendly regeneration of urban settlements in China are proposed in this paper. The local government can appropriately increase direct and indirect incentives and apply moderate punishment. It is very important that the local government pays attention to the design and operating principles of incentive measures. Otherwise, the wrong design and operation might lead to the failure of incentive measures. The higher-level government should supervise the local government carefully and propose relevant policies and regulations to clearly punish the negative attitudes of the local government. Investors can share more incremental income with residents to promote the development of corporations and the recognition of the local government and residents. Residents should make a good balance of advantages and disadvantages in the decision-making of age-friendly regeneration.

A unified deterrence-based model of legal and non-legal factors that influence young driver speeding behaviour

Young driver speeding behaviour remains a large contributor to road trauma worldwide. In order to provide a more-in depth understanding of how to deter young drivers from this behaviour, this study developed and tested a model of the legal and non-legal factors that influence young driver’s intentional speeding behaviour (exceeding the speed limit by more than 10 km/hr). A prospective survey design was conducted to measure the impact of perceptions of legal factors (including classical deterrence and reconceptualised deterrence variables) and non-legal factors (including the variables of fear of physical loss, material loss and perceived social sanctions, as well as the perception that it is safe to engage in the behaviour without being involved in a crash) at time 1, on engagement in speeding behaviour at time 2, which occurred 3 months later. A total of 200 participants aged 17–25 years completed both surveys (Mean age = 20.44 years). Using structural equation modelling, a unique model combining classical and extended deterrence theory, as well as prominent non-legal factors was created, and the variables were able to explain 41% of the variance in speeding behaviour. A high perceived severity of the punishment, experiencing direct punishment avoidance and perceiving that it is safe to speed were significant direct predictors. Meanwhile, there were also numerous significant partially mediated relationships found for both legal and non-legal variables. These findings provide important implications for both the application of deterrence-based theories in road safety and for improving countermeasures to deter young drivers more effectively from engagement in speeding.

A study identifying the origins of different types of drink driving events through the lens of deterrence: Is it alcohol abuse or avoiding detection?

BackgroundWhile attempts to identify the mechanisms to effectively deter drink driving remains a central focus for road safety researchers, scant scientific enquiry has simultaneously examined perceptions of apprehension risk in combination with substance abuse. This may be considered a significant oversight given that such constructs may create opposing forces, or alternatively, alcohol abuse and punishment avoidance may create cumulative effects and promote offending behaviours. MethodThis paper reports on an investigation of 718 Queensland motorists' self-reported perceptions of classical and reconceptualised deterrence constructs (as well as alcohol consumption) in order to determine what factors have the greatest effect on promoting drink driving, particularly alcohol consumption or punishment avoidance. The sample completed an online or paper version of the questionnaire. Results“Possible” drink driving events were slightly more common (25.5%) than “acknowledged” drink driving events (16.6%). Future intentions to drink and drive (23.4%) were more common among those who reported an “acknowledged” drink driving event (63.5% reported future intentions to drink drive) than a “possible” drink driving event (47.5%). Sequential binary logistic regression models conducted for each drink driving category revealed that having “risky” drinking behaviour and both direct personal and indirect experience of punishment for a drink driving offence were predictors of “possible” drink driving events. Similarly, “acknowledged” drink driving had the same significant predictors with the addition of increases in age and punishment severity reducing the likelihood of drink driving and direct punishment avoidance having a positive effect. However, and importantly, only direct punishment avoidance and past “possible” and “acknowledged” drink driving events predicted future intentions to offend in the final model, which further reinforces that drink driving is a deliberate decision (rather than stemming primarily from impairment).Practical applications: The findings provide support for increased policing efforts to identify drink drivers.

The Color of Collateral Damage: The Mutilating Impact of Collateral Consequences on the Black Community and the Myth of Informed Consent

The rights of the convicted have long been constrained by the relentless imposition of collateral consequences of criminal convictions. More specifically, collateral consequences of drug convictions have a disparate impact on the Black community due to over-policing of Black neighborhoods. Consequently, Black people are over-prosecuted, leading to more convictions and ultimately making them the primary victim of collateral consequences. Certain collateral consequences almost exclusively affect Black people and are strikingly similar to Jim Crow laws. Similar to Jim Crow laws, these collateral consequences almost exclusively prohibit the Black convicted from public housing, welfare assistance, financial aid, the ability to vote, the ability to receive certain jobs and licenses, and more. Collateral consequences are considered categorically different from forms of direct punishment like fines, jail time, and probation. Due to this deceptive distinction, there is no notice requirement for collateral consequences at the plea stage. Thus, many defendants will accept deals for guilty pleas, completely unaware that collateral consequences will affect them for what could be the rest of their lives. In regard to this mockery of justice, this Article implores the argument that the informed consent requirement, as it stands, is a myth. This article discusses the constitutional implications surrounding the prejudicial imposition of collateral consequences and the blurred distinction made between collateral consequences and direct punishment. In doing so, this article proposes (1) Congress employ a legislative overhaul to remove prejudicial collateral consequences (2) Supreme Court change the standard of judicial review from the rational basis test to strict scrutiny and extend their holding in Padilla v. Kentucky to apply to all collateral consequences, and (3) Federal and State legislators enact legislation aimed at placing procedural safeguards—like a notice requirement—at the plea stage.

Endogenous choice of institutional punishment mechanisms to promote social cooperation

Does the desirability of social institutions for public goods provision depend on the extent to which they include mechanisms for endogenous enforcement of cooperative behavior? We consider alternative institutions that vary the use of direct punishments to promote social cooperation. In one institution, subjects participate in a public goods experiment in which an initial stage of voluntary contribution is followed by a second stage of voluntary, costly sanctioning. Another institution consists of the voluntary contribution stage only, with no subsequent opportunity to sanction. In a third stage subjects vote for which institution they prefer for future interactions: do they prefer one that does allow sanctions or one that does not allow sanctions? Our results show that even though sanctions are frequently used when available, the clear majority of individuals vote for the institution that does not allow sanctions. Thus, a distinction is required between the principles that guide the choice of institutions and the principles that apply to actions guided by institutions. Our results indicate that it is the wealth generated by the institution that determines its desirability.

부당노동행위 판단 시 위력업무방해죄 적용의 정당성 및 위력개념의 타당성 - 대상판결: 서울중앙지방법원 2019. 12. 13. 선고 2019고합25 -

The subject decision (the Seoul Central District Court Decision 2019Gohap25 delivered on Dec.13, 2019) applies the crime of interference with business by threat of force to unfair labor practice even though there is a punishment provision(Art.90) of the Trade Union and Labor Relations Adjustment Act(hereinafter “TULRA”). And as a basis for its validity, it presents a reference decision (the Supreme Court Decision 2007do482 delivered on March 17, 2011). That is, the subject decision and the reference decision are understood as the same argument structure.<BR> This article pointed out the error of the court’s judgment that the subject decision and the reference decision were the same argument structure, and reviewed the validity of the concept of ‘threat of force’ in the crime of interference with business. The results are summarized as follows.<BR> First, It can be said that the error in the argument process of the subject decision resulted from the failure to judge that industrial action is different from unfair labor practice in the legal system in relation to the Crime of interference with business. In cases that the industrial action lacks its practical justification (Article 37 (1) of the “TULRA”), there is a justification for applying Article 314 of the criminal law. Because there is no direct punishment provision in the TULRA, it is also due to the nature of industrial action that inherently and inevitably entail the impediment to work(Paragraph 6 of Article 2 of the same Act). At this time, criminal immunity as a fair industrial action is separate from the application of penalties according to the violation of restriction articles on industrial action under the same Act. On the other hand, the system of unfair labor practices directly has the provision of punishment (Article 90 of the same Act) for violations of the prohibition of unfair labor practices (Article 81 of the same Act). So there is a difference in that the legitimacy is required to exclude the special law, TULRA and intervene in the criminal law, unlike industrial action.<BR> Second, the reference decision presented the decisive criteria for the concept of ‘threat of force’ of interference with business, such as ‘lightness’ and ‘significant confusion or loss in business’, this can be evaluated positively in that it has clarified the appearance of the unclear elements for the formation of a crime. On the other hand, the subject decision returned the concept of ‘threat of force’ and the judgment criteria to the general theory, as opposed to the reference decision. Furthermore, each disciplinary action in this case was considered to be a threat of force. The Supreme Court, however, judges the right to discipline as a employer’s own right to establish and maintain corporate order. In other words, the employer’s disciplinary right cannot be defined as threat of force.<BR> If punishable by other laws, this argument cannot be justified without any further explanation as to whether it is necessary to punish it by applying the criminal law, as well as not at all helpful in presenting the inherent concept of threat of force in the crime of interference with business. Therefore, it can be said that the subject decision based on the reference decision did not have logical consistency and lacked the justification for applying the crime of interference with business to unfair labor practice in the process of argumentation.

Direct and indirect punishment of norm violations in daily life

Across societies, humans punish norm violations. To date, research on the antecedents and consequences of punishment has largely relied upon agent-based modeling and laboratory experiments. Here, we report a longitudinal study documenting punishment responses to norm violations in daily life (k = 1507; N = 257) and test pre-registered hypotheses about the antecedents of direct punishment (i.e., confrontation) and indirect punishment (i.e., gossip and social exclusion). We find that people use confrontation versus gossip in a context-sensitive manner. Confrontation is more likely when punishers have been personally victimized, have more power, and value offenders more. Gossip is more likely when norm violations are severe and when punishers have less power, value offenders less, and experience disgust. Findings reveal a complex punishment psychology that weighs the benefits of adjusting others’ behavior against the risks of retaliation.

PENDIDIKAN KELUARGA MENURUT SYAIKH NAWAWI DALAM KITAB UQÛD AL-LUJJAYN FÎ BAYÂNI HUQÛQ AL-ZAWJAIN

Nowadays the tempest of the household not only raises acute disharmony between husband and wife but also has fatal consequences for the moral decadence of children. Therefore, it is felt necessary to examine family education in the book of Uqûd al-Lujjayn by Shaykh Nawawi to transmit objective steps in maintaining the stability of Islamic households to the community. This research is a type of literature study using a qualitative approach. From the results of the study, it was found that the purpose of family education is to care for the family from Hellfire with the approach of the science of jurisprudence and morals. Educators are fathers and mothers, while students are wives and children through the methods of instruction and habituation, question and answer, punishment and exemplary. The internalization of Shaykh Nawawi's family education is very relevant in modern families as a preventive measure from the threat of materialistic life style threats. Among them, optimizing the husband in playing his role as an educator for children and wife towards the inculcation of sharia values ​​and character education, not just fulfilling birth obligations. Likewise a mother establishes herself as a domestic worker and child educator. An ideal formulation of family education in realizing the quality of faith and piety not the quantity of thrones and possessions. But the concept of Shaykh Nawawi in intimidating children in giving orders needs to be synergized with typical modern children. For children who are hard-hearted, arrogant and egocentric, this concept is considered not accurate, so the relevance is not right. Likewise, direct punishment to children and wives is considered less relevant. Imposing punishment must be carried out procedurally with the principle of proportional and conditional sourced from the principle of min al-akhaffi ilâ al-asyad: starting from the lightest to the heaviest.

Can Priming Legal Consequences and the Concept of Honesty Decrease Cheating During Examinations?

Cheating on exams is a very common phenomenon that causes great harm. Various measures, such as chastisement and direct punishment, have been employed to reduce cheating. Previous studies have found that increasing punishment and activating “self-concept maintenance” can reduce this behavior. This study employed a priming paradigm to investigate whether priming legal consequences and the concept of honesty would reduce cheating in examination situations. In experiment 1, a total of 402 freshmen from 17 classes were included in this study. The 185 students in experimental condition were primed for legal consequences. The cheating behaviors and employed analysts were defined to count the number of cheaters. The results show that the number of students cheating in the primed group did not decrease compared to those in the controlled condition. In experiment 2, a total of 386 freshmen from 16 classes participated in this experiment. The 171 students in experimental condition were primed for the concept of honesty. The results also show that the number of students cheating in the primed group did not decrease. This study shows that priming legal consequence and the concept of honesty were not significant in certain situations, such as during examinations. It is suggested that some psychological manipulations in decreasing dishonesty behaviors should be further tested in ecological situations.

Losing Sight, Gaining Insight: Blindness and the Romantic Vision in Grimm’s “Rapunzel”

In Brothers’ Grimm’s fairy tales, the motif of blindness occurs quite frequently, each time with a different symbolic meaning. In “Hansel and Gretel”, blindness is represented as a body deformity, an abject feature of the red-eyed, half-blind cannibalistic witch who lives in the candy house in the middle of the forest, while in “Cinderella”, blindness becomes more: a brutal punishment for wrongdoings, such as when: the wickedly unkind stepsisters’ eyes are pecked out by pigeons as they are on the way to the wedding of the Cinderella and her handsome prince. Yet, in “Rapunzel”, blindness is not meant to be an abject feature nor a direct punishment. Rather, it opens the door to the Romantic vision and spirit. Through studying the earlier versions of the Rapunzel story and the Grimm’s later version, this paper explores how blindness represents the limitations of logic and reason and, through embracing the beautiful power of the female sensibility, welcomes the rebirth of insight, faith and Romantic sentiments.

Estado de excepción de inmigrantes ilegales en Nueva York. “Atrapados en la jaula de oro”

&lt;p&gt;El objetivo de este artículo es revelar el poder biopolítico del Estado a través del control de cuerpos, disposición o injerencia en la vida de inmigrantes ilegales poblanos en Nueva York. Nuestra estrategia metodológica se focalizó en retomar testimonios a partir de 80 entrevistas semiestructuradas y estructuradas y de una amplia observación participante de sus actividades&lt;br /&gt;habituales para determinar la inclusión/exclusión de su vida, carentes de cualidades políticas, de derechos y excluidos de ciertos servicios. Los resultados muestran cómo el poder biopolítico del Estado trasciende el castigo directo a los inmigrantes ilegales, el de la detención y deportación, al tiempo que aportamos información de acciones individuales que reflejan ideas y creencias de lo que es permisible durante su estancia y&lt;br /&gt;contextos en los que la sociedad ejerce el castigo.&lt;/p&gt;

Is the First Amendment Obsolete?

The First Amendment was brought to life in a period, the twentieth century, when the political speech environment was markedly different than today’s. With respect to any given issue, speech was scarce and limited to a few newspapers, pamphlets or magazines. The law was embedded, therefore, with the presumption that the greatest threat to free speech was direct punishment of speakers by government. Today, in the internet and social media age, it is no longer speech that is scarce—rather, it is the attention of listeners. And those who seek to control speech use new methods that rely on the weaponization of speech itself, such as the deployment of “troll armies,” the fabrication of news, or “flooding” tactics. This Essay identifies the core assumptions that proceeded from the founding era of First Amendment jurisprudence, argues that many of those assumptions no longer hold, and details the new techniques of speech control that are used by governmental and nongovernmental actors to censor and degrade speech. It concludes by arguing that protection of free speech may now depend on law enforcement recognizing its role in the protection of the American speech environment.

'On the Perimeter of the Lawful': Enduring Illegality in the Irish Family Planning Movement, 1972-1985.

Between 1935 and 1985, Irish law criminalized the sale and importation of condoms. Activists established illegal markets to challenge the law and alleviate its social consequences. They distributed condoms through postal services, shops, stalls, clinics, and machines. Though they largely operated in the open, their activities attracted little direct punishment from the state, and they were able to build a stable network of medical and commercial family planning services. We use 30 interviews conducted with former activists to explore this history. In doing so, we also examine the limits of ‘illegality’ in describing acts of everyday resistance to law, arguing that the boundaries between legal and illegal, in the discourses and practices of those who sought to challenge the state, were shifting and uncertain. In turn, we revisit ‘illegality’, characterizing it as an assemblage of varying selectively-performed political practices, shaped by complex choreographies of negotiation between state and non-state actors.

DO CELLMATES MATTER? A CAUSAL TEST OF THE SCHOOLS OF CRIME HYPOTHESIS WITH IMPLICATIONS FOR DIFFERENTIAL ASSOCIATION AND DETERRENCE THEORIES

AbstractIn the schools of crime hypothesis, social interactions between inmates are assumed to produce criminogenic rather than deterrent prison peer effects, thus implicating them in the persistence of high recidivism rates and null or criminogenic prison effects. We assess the validity of the schools of crime hypothesis by estimating prison peer effects that result from differential cellmate associations in a male, first‐time release cohort from the Pennsylvania Department of Corrections. To isolate causal prison peer effects in the presence of essential heterogeneity, we use a semiparametric local instrumental variables estimation strategy. Our results do not support the school of crime hypothesis. In our sample, prison peer effects produced in interaction with more criminally experienced cellmates are always null or deterrent rather than criminogenic. Although we do not explicitly test for the operant conditioning mechanisms theorized to underlie social influence in the context of differential association, we argue that, under the assumption that the differential association context relates positively to the direction of peer influence, our universally noncriminogenic estimates exclude direct reinforcement, vicarious reinforcement, and direct punishment as potential drivers of prison peer effects produced in interaction with more criminally experienced cellmates. Our results support the assertion that operant conditioning mechanisms connect differential association and deterrence theories.

Does getting away with it count? An application of stafford and warr’s reconceptualised model of deterrence to drink driving

Drink drivers continue to be disproportionately represented in road mortalities and morbidities. Given these costs, countermeasures that effectively reduce the behaviour (and its consequences) are imperative. Research has produced inconsistent findings regarding the deterrent effects of some countermeasures on drink driving behaviour, namely legal sanctions, suggesting other factors may be more influential. This study aimed to determine which deterrence measures based on Classical Deterrence Theory and Stafford and Warr’s (1993) reconceptualised model of deterrence influence the propensity to drink and drive over the legal blood alcohol content limit of 0.05. In total, 1257 Australian drivers aged from 16 to 85 years completed a questionnaire assessing their self-reported drink driving behaviour and perceptions of legal sanctions. Consistent with previous research, past experiences of direct punishment avoidance was the most significant predictor of drink driving. Additionally, perceptions of personal certainty of apprehension were a significant (albeit weak) negative predictor of drink driving. Counterintuitively, experiences of indirect punishment were predictive of self-reported drink driving. Similarly, penalty severity produced mixed results as those who considered a penalty would be severe were less likely to drink and drive. However those that considered the penalty would cause a considerable impact on their lives, were more likely to drink and drive. Taken together, these findings suggest that while the threat of apprehension and punishment may influence self-reported drink driving behaviours, committing and offence while avoiding detection is a significant influence upon ongoing offending. This paper will further elaborate on the findings in regards to developing salient and effective deterrents that produce a lasting effect.