Harsh but unfair

 

I remember reading once, in a book on Athenian law (perhaps this one) that anthropologists had observed that in societies where criminals were less likely to be apprehended, penalties were harsher. It made sense; after all, modern developed countries, with their highly developed surveillance technology, have (by historical standards) strikingly lenient punishment regimes; pre-modern ones, by contrast, which had zero or only rudimentary policing, had more of a tendency to turn to the gallows, the guillotine - or the gulp of hemlock.

The observation came back to me recently in connection with the current vogue for 'cancelling.' The frequency of this phenomenon has been questioned, but what seems to concern many people isn't necessarily how widespread it is, but how harsh the punishments can be. A disabled grandfather is sacked for sharing a comedy sketch. A researcher loses his job for re-tweeting a study about the effectiveness of peaceful compared with violent protest. And all the while, not-especially-controversial views and tame jokes elicit the kind of fury that used to be reserved for blood feuds. 

Given the many instances of such 'cancellations' that have occurred, it might seems strange that a good few people continue to insist that the whole phenomenon is made up. But there might be a way of explaining both why they think that and why some of these same people engage in such disproportionately harsh punishings of individuals who violates their norms. 

The reason they think the free speech crisis isn't really a crisis is partly because they see people saying things they dislike all the time. That's been one of the effects of the explosion of social media: whereas twenty years ago you wouldn't often be exposed to views from outside your thought-world, and you'd have to put in some work to have your views broadcast, now it's easy to post things and even easier to see things others have posted. 

If you have narrow parameters for what ideas are acceptable, it follows that you're likely to see quite a lot of what are to you unacceptable ideas. Twitter must be terrifying - all those people saying things you think are terrible! What's more, most of them are getting away scot free.

The temptation, then, is to make an example of anyone you are in a positions to punish, pour décourager les autres. This is what ancient societies were up to as well. It makes sense, especially if you consider the point of view of the potential criminal. 

You can look at risk as the combination of how likely a bad thing is to happen, and how bad it will be if it does. You may not be that likely to fall of the cliff if you go right up to the edge, but if you slip you'll die, so why risk it? If you're in a society without a functioning police force, the chance you'll be apprehended for doing something bad is pretty low. One way for the state to increase the risk you face (and hence deter you from wrongdoing), is to increase the penalty you risk facing. You think you probably won't get caught, but if you do...

The temptation to make an example of someone might be especially great when there are artificial barriers in the way of punishing other people who are up to the activity you dislike. For example, if a lot of the people saying things you find unacceptable are represented by anonymous Twitter accounts. Or if there's been a state amnesty saying you can't punish any of the members of a tyrannical junta.

That last thing, of course, is what happened in Athens after the murderous regime of the so-called Thirty Tyrants. Once the democracy had been restored, there seems to have been an agreement not to prosecute anyone involved with the Thirty, except for the Thirty themselves (some of whom had already been killed in the process of restoring the democracy). (What exactly the amnesty required is, like most things in ancient history, a little bit controversial).

In 399, only four years after the Thirty had been toppled, the philosopher Socrates, who had links to some of the Thirty (including Critias, one of the more extreme members), was executed on a vote of a popular jury. Why? It's complicated; there were lots of factors that led to that outcome, including the way he went about defending himself (if that was even what he was up to) in court. 

But one possibility is that his prosecutors indicted him on a charge of inventing new gods and corrupting the youth precisely because they couldn't prosecute him for what they were really angry at him for - the actions of the Thirty. And they also couldn't prosecute many of the people who they knew had collaborated with the Thirty. Nor could they prosecute Critias and others who were already dead. But Socrates was there, still going about his business asking irritating questions in public...

Note that the theory, if it's right, explains not only the excessiveness of the punishings but also the way they have of mistaking their object. At least, it looks an awful lot like all of the guilt for something is being loaded onto the back of one, unfortunate person who happens to be in the wrong place at the wrong time. That, of course, is another phenomenon that's familiar to anthropologists: scapegoating. 

One way to stop this sort of thing, as you might guess, is to get better at apprehending wrong-doers. But it's very questionable in cases like the ones mentioned above (sharing comedy sketches and so on) whether anyone's done anything wrong at all. Another way is to reduce narrow-minded people's exposure to views they find distasteful. 

Doing that by force would be wrong (people should be free to go on social media, of course), but it might be advisable, considering the kinds of moral risks involved, for some people to think twice about the amount of time they spend online. In other words, if you can't deal with different ideas, it might be best just to stay off Twitter. Otherwise you might find yourself with a cup of hemlock in your hand - handing it to an innocent person.