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9 " A system of justice does not need to pursue retribution. If the purpose of drug sentencing is to prevent harm, all we need to do is decide what to do with people who pose a genuine risk to society or cause tangible harm. There are perfectly rational ways of doing this; in fact, most societies already pursue such policies with respect to alcohol: we leave people free to drink and get inebriated, but set limits on where and when. In general, we prosecute drunk drivers, not inebriated pedestrians.
In this sense, the justice system is in many respects a battleground between moral ideas and evidence concerning how to most effectively promote both individual and societal interests, liberty, health, happiness and wellbeing. Severely compromising this system, insofar as it serves to further these ideals, is our vacillation or obsession with moral responsibility, which is, in the broadest sense, an attempt to isolate the subjective element of human choice, an exercise that all too readily deteriorates into blaming and scapegoating without providing effective solutions to the actual problem. The problem with the question of moral responsibility is that it is inherently subjective and involves conjecture about an individuals’ state of mind, awareness and ability to act that can rarely if ever be proved. Thus it involves precisely the same type of conjecture that characterizes superstitious notions of possession and the influence of the devil and provides no effective means of managing conduct: the individual convicted for an offence or crime considered morally wrong is convicted based on a series of hypotheses and probabilities and not necessarily because he or she is actually morally wrong. The fairness and effectiveness of a system of justice based on such hypotheses is highly questionable particularly as a basis for preventing or reducing drug use related harm. For example, with respect to drugs, the system quite obviously fails as a deterrent and the system is not organised to ‘reform’ the offender much less to ensure that he or she has ‘learned a lesson’; moreover, the offender does not get an opportunity to make amends or even have a conversation with the alleged victim. In the case of retributive justice, the justice system is effectively mopping up after the fact. In other words, as far as deterrence is concerned, the entire exercise of justice becomes an exercise based on faith, rather than one based on evidence. "

, Entheogens, Society and Law: The Politics of Consciousness, Autonomy and Responsibility

13 " . . . [A] creationist spy named Luther Sunderland snuck into a closed scientific meeting of the Systematics Discussion Group at the American Museum in 1981 with a hidden tape recorder. . . . My friend, the distinguished paleoichthyologist Colin Patterson of the British Museum in London, was talking about pattern cladism and how he had abandoned many of the assumptions about evolution that he had once held, including the recognition of ancestors in the fossil record. He was now only interested in the simplest hypotheses that were easily tested, such as cladograms. But, of course, taken out of context, it sounds as though Colin doubted that evolution had taken place, yet he said nothing of the sort! Colin was speaking in a kind of " shorthand" that makes sense to the scientists who understand the subtleties of the debate, but mean something entirely different when taken out of context. I was at that meeting and was stunned to read afterward about Sunderland's account of what had happened because I remembered Colin's ideas clearly and could not imagine how they could be misinterpreted. For decades afterward, Colin had to explain over and over again what he had meant, and why he did not doubt the fact that evolution had occurred, only that he no longer accepted a lot of the other assumptions about evolution that Neo-Darwinists had made. Unfortunately, Colin died in 1998 while he was still in his scientific prime, unable to continue fighting these misinterpretations of his ideas that continue to be propagated by the creationists. "