Philip Zimbardo on punishment, The Believer
September 10th, 2009 by fieldus
Discussion with Philip Zimbardo, researcher who conducted the Stanford Prison experiment in The Believer. Touches on punishment and responsibility:
PZ: It’s really very complicated, it’s really a central issue that has to be dealt with more. And I think philosophers have to deal more—it’s really a philosophical and legal issue. In the extreme case, it really is “The situation made me do it.” So are we going to put the situation on trial? Well, we don’t have a mechanism. Now, I gave a talk at Harvard Law School and [Harvard psychologist] Jon Hanson said that these ideas should provoke a revolution in legal theory because we have no way of putting the situation on trial. In a sense, international tribunals put the system on trial. They have individuals, but that’s the real importance of international tribunals for crimes against humanity. They say even though, within your system, it was acceptable for you to do this—kill Jews, or kill Tutsis—that there’s a higher international standard of humanity, of justice, that applies, and so it’s that ultimate system which dominates your parochial system, your Nazi system, your communist system, etc.
BLVR: As you say, though, it’s the individuals who are being tried.
PZ: Yes, even there, you know, what comes out of that is the guilt or innocence of each of the leaders. So tribunals say, “We have the power to put leaders on trial, even though they in fact—none of them actually killed anybody—it’s just they created a policy, they created a system.” But I would hope they would go to the next level and make explicit: “In punishing this person we are really publicly declaring that this ideology produced the crimes against humanity. And so we, as an international body of humanists, of jurists, decry the horrors of this kind of system.” So you’re really sending out a message: it’s the system that’s wrong, and these people helped create it. Hitler helped create it, and Pol Pot.… But once it’s created, once the Stanford Prison Experiment was created, I’m irrelevant. If I had died during the thing, it would have gone on. The guards would have been happier. If Hitler had been killed, the whole thing would have gone on only because it had already corrupted the legal system, the educational system, the business system. With all these mechanisms in place, he became irrelevant. In fact, he would have been a big martyr.
BLVR: That’s interesting—you know, there’s a philosophical view of punishment that’s called “the expressivist theory of punishment”—they say that the goal of punishment is not to give people what they deserve, which is hard to make sense of, and not just to deter future crime, but to publicly express your condemnation of an act. Punishment is the only way to express moral condemnation of an act or a system. If you don’t punish the culprits, you’re sending an implicit message that the act is morally acceptable. And I suppose you could apply that to responsibility, that’s the new way to look at responsibility, as expressing our condemnation.
PZ: Yeah, most punishment does not deter, except for a very short time. There are so many factors that go into producing any kind of crime that a deterrent effect can’t have that much influence. In fact, most people don’t even know that someone got arrested in New Hampshire, or Arizona, or Alaska for something and is on death row. So how can it be a deterrent for me here in San Francisco? But the notion that we as a society want to express our revulsion about this kind of act makes sense—that it’s an expression of a public consensus that this is wrong and that we will not tolerate it. And that’s what I’m saying. International tribunals should make explicit that what we’re expressing is this revulsion about a system that could create these crimes against humanity. And the way we’re doing it is by singling out people who were instrumental in carrying out the policies of that system.
IV. “YOU CAN’T WIN A WAR ON NOUNS.”
BLVR: This talk of responsibility and control reminds of the quote by Condoleezza Rice you cite in the book. She’s explicitly denying the power of situtationalist elements to influence people like terrorists. She puts it all on them, on the wickedness of their characters: “When are we going to stop making excuses for the terrorists and say that someone is making them do it? No, these are simply evil people that want to kill.”PZ: Right—I was furious! Here’s this supposed intellect. “They’re just evil people.” And you guys are not [evil], you guys are saying, she especially, “We don’t want the smoking gun to be a mushroom cloud.” She’s saying, if we didn’t do this [the war on terror] we could have a nuclear bomb go off in the US.
BLVR: You’re very hard on her in the book. The whole Bush administration, really, and Rumsfeld and Cheney especially.
PZ: God, yes!
BLVR: I wanted to play devil’s advocate and ask whether in their own way they were trapped in the situation as well. Which led them to institute their policies. It’s a little harder to figure out the details of their situation because there’s so much we don’t know, but isn’t it reasonable to assume that they were in one just as much as…
PZ: No, but see, in their case, they helped create the situation.
BLVR: That’s true, but in doing so, weren’t they also part of a larger situation that led them to create the situation in Abu Ghraib?
PZ: One thing is the abuses in Abu Ghraib. But I’m saying they were the principals in creating the whole—I don’t know what the broadest context is—the war on terror. That is, Cheney primarily, and Bush and Rumsfeld and George Tenet. For very consciously aware reasons, they decided to label the global challenge of terrorism—which it should have been—a war on terrorism, so that Bush could be the active commander in chief, so you have martial law, so you could suspend lots of rights. That’s why it’s called the “war on terror.” And you can’t win a war on nouns! We lost a war on drugs, we lost a war on poverty, we’re losing a war on terror. It’s not clear if verbs win or adjectives win. So I hold them responsible because they set up the system; they are the Hitler and Goebbels and Goering. Each of them said, “Here’s my domain, and I’m going to run it this way, and we’re not allowing alternative views. Saying anyone who criticizes us is putting our boys and soldiers in harm’s way. Anybody who criticizes is not a patriot.” So they set up all these mechanisms to say, you know, you’re feeding the enemy, you’re killing the soldiers by protesting against it. And then essentially instituted… because of this unique power base, the NSA secret thing, they’re spying on us, they have these renditions, torture things, a whole set of things that are alien to everything, all basic American values. The Military Commissions Act, which they pushed through, overturns two hundred years of Anglo-American law. I mean, give up habeas corpus. Simply redefine someone as an [unlawful] enemy combatant; that means they have no rights. And essentially anyone in the world suspected of terrorism can be arrested anyplace in the world, brought to an undisclosed place without a charge, and kept there indefinitely. There’re people in Guantánamo that have been there for seven years with no charges against them except “suspected of terrorism.”
For me, it’s not a matter of their being “trapped in the situation.” I’m saying: They created the situation. They created a system in which each of these parts fell out, so I’m saying they are responsible.
BLVR: In that expressive sense?
PZ: I like that expressive view, yes. But, you know, if we were the losers of the war on terrorism, they’d be held in a war-crimes tribunal. If in fact there was a real war and we lost in Iraq, they would say, “OK, you invaded our country under false pretenses, you did all these things, all these people died. We’re going to put you on trial.”

