Comments on The Problem of Deep Retribution and RehabilitationTypePad2012-08-22T23:31:09ZRick Garnetthttps://mirrorofjustice.blogs.com/mirrorofjustice/tag:typepad.com,2003:https://mirrorofjustice.blogs.com/mirrorofjustice/2012/08/the-problem-of-deep-retribution-and-rehabilitation/comments/atom.xml/Patrick S. O'Donnell commented on 'The Problem of Deep Retribution and Rehabilitation'tag:typepad.com,2003:6a00d834515a9a69e2017c31734c58970b2012-08-24T15:09:42Z2012-08-24T15:09:42ZPatrick S. O'Donnellhttp://ratiojuris.blogspot.com/another mistake: "...a secular analogue of such things."<p>another mistake: "...a secular analogue of such things." </p>Patrick S. O'Donnell commented on 'The Problem of Deep Retribution and Rehabilitation'tag:typepad.com,2003:6a00d834515a9a69e2017c317336a9970b2012-08-24T14:47:53Z2012-08-24T14:47:53ZPatrick S. O'Donnellhttp://ratiojuris.blogspot.com/erratum: self-fulfilling<p>erratum: self-fulfilling</p>Patrick S. O'Donnell commented on 'The Problem of Deep Retribution and Rehabilitation'tag:typepad.com,2003:6a00d834515a9a69e2017c317334ec970b2012-08-24T14:46:04Z2012-08-24T14:46:04ZPatrick S. O'Donnellhttp://ratiojuris.blogspot.com/Marc, It seems to me you're conflating agnosticism with scepticism, the former can leave it an open question as to...<p>Marc,</p>
<p>It seems to me you're conflating agnosticism with scepticism, the former can leave it an open question as to whether or not any particular individual is capable of "rehabilitation." I doubt we need, in any case, "fairly thoroughgoing characterological inquiries" beyond the sort routinely found in psychological assessments involving "reality testing" and so on. All this need entail or assume, in other words, is an open-ended conception of human nature, such that one concedes that man is equally capable of goodness and evil and that character is not "fixed" or determined at birth (or in the first few years of life). Not a few psychological theories stress our developmental potential and capacities, including the possibilities for self-transformation. The same holds true for most of the world's largest religions and several historically influential philosophies. Notions of metanoia, translatio animi (a shift in one's mentality as it were) or a "changing" (mutatio) of the self or heart, "awakening," of "realization discoveries" and the like are not hard to find. Of course these same religions and philosophies suggest techniques or "ascetic" exercises that facilitate such transformation but there's no reason to think we cannot come up with a secular analogue of things. I've always thought that the accounts of Jesus in the Gospels gives evidence of his belief that any given individual, no matter their past behavior or current character-type, was susceptible to personal transformation (certainly not a few who proselytize on behalf of Christianity hold such a belief), however ignorant we may be (ex ante) as to who will in fact change or to what degree he or she may change. And of course we can cite ample empirical evidence of such changes, even if, to date, at least with regard to the criminal justice system, these have been spontaneous or not necessarily the result of any concerted rehabilitative efforts or the manifest intentions of the relevant parties. Theories and conceptions of human nature can serve, in this instance, and for better or worse, something on the order of self-fullfilling prophecies. </p>