Norway's gentler criminal system uses something called "restorative justice," which appears to be potentially better at reducing crime than our own, but at a real cost.
Anders Breivik waits in his Oslo courtroom. (AP)
As an American, or maybe just as a moral human being, it's hard not to feel appalled, even outraged, that Norwegian far-right monster Anders Breivik only received 21 years in prison for his attacks last year, including a bombing in Oslo and a cold-blooded shooting spree, which claimed 77 lives. That's just under 100 days per murder. The decision, reached by the court's five-member panel, was unanimous. He will serve out his years (which can be extended) in a three-room cell with a TV, exercise room, and "Ikea-style furniture." The New York Timesquoted a handful of survivors and victims' relatives expressing relief and satisfaction at the verdict. It's not a scientific survey, but it's still jarring to see Norwegians welcoming this light sentence.
Norway's criminal justice system is, obviously, quite distinct from that of, say, the U.S.; 21 years is the maximum sentence for anything less severe than war crimes or genocide. Still, it's more than that: the entire philosophy underpinning their system is radically different. I don't have an answer for which is better. I doubt anyone does. But Americans' shocked response to the Breivik sentence hints at not just how different the two systems are, but how deeply we may have come to internalize our understanding of justice, which, whatever its merits, doesn't seem to be as universally applied as we might think.
The American justice system, like most of those in at least the Western world, is built on an idea called retributive justice. In very simplified terms (sorry, I'm not a legal scholar), it defines justice as appropriately punishing someone for an act that's harmful to society. Our system does include other ideas: incapacitating a criminal from committing other crimes, rehabilitating criminals to rejoin society, and deterring other potential criminals. At its foundation, though, retributive justice is about enforcing both rule of law and more abstract ideas of fairness and morality. Crimes are measured by their damage to society, and it's society that, working through the court system, metes out in-turn punishment. Justice is treated as valuable and important in itself, not just for its deterrence or incapacitative effects. In a retributive system, the punishment fits the crime, and 21 years in a three-room cell doesn't come close to fitting Breivik's 77 premeditated murders.
Norway doesn't work that way. Although Breivik will likely be in prison permanently -- his sentence can be extended -- 21 years really is the norm even for very violent crimes. The much-studied Norwegian system is built on something called restorative justice. Proponents of this system might argue that it emphasizes healing: for the victims, for the society, and, yes, for the criminal him or herself. Sounds straightforward enough, but you might notice that there's nothing in there about necessarily punishing the criminal, and in fact even takes his or her needs into account.
"Restorative justice thus begins with a concern for victims and how to meet their needs, for repairing the harm as much as possible, both concretely and symbolically," explains a 1997 academic article, by a scholar of restorative justice named Howard Zehr, extolling the systems' virtues. In the Breivik trial, this meant giving every victim (survivors as well as the families of those killed) a direct voice. Victims were individually represented by 174 court-appointed lawyers. The court heard 77 autopsy reports, 77 descriptions of how Breivik had killed them, and 77 minute-long biographies "voicing his or her unfulfilled ambitions and dreams." In an American-style retributive system, the trial is primarily about hearing and evaluating the case against the criminal. Norway does this too, but it also includes this restorative tool of giving space to victims, not as evidence, but to make the trial a forum for those victims to heal and to confront the man who'd harmed them. The trial itself is about more than just proving or disproving guilt, but about exorcising the victims' suffering.
What about the criminal? Of course, Norway is locking Breivik away in part to keep him safely cordoned off from society. Beyond that, the restorative "model encourages offenders to understand the consequences of their actions or to empathize with victims," Zehr explains. That begins with the trial, where he or she is encouraged to grapple with the wrongness of their actions; Breivik gave no sign of doing this, a remorseless, fist-pumping neo-Nazi to the very end. The process continues during the incarceration, which is treated less as a form of punishment than as a sort of state-imposed rehabilitation. It's not a categorial difference from the American model, which includes a number of rehab and therapeutic offerings, but, with Breivik about to enjoy some not insignificant creature comforts in his three-room cell, the emphasis is clearly distinct.
The pleasant-sounding experience of being in Norwegian prison isn't some sign of Scandinavian weakness or naïveté; it's precisely the point. A comfortable cell, clean and relaxing environment, and nice daily activities such as cooking classes are all meant to prepare the criminal for potentially difficult or painful internal reformation. Incarceration, in this thinking, is the treatment for whatever social or psychological disease led them to transgress. The criminals are not primarily wrongdoers to be punished, but broken people to be fixed.
In an ideal restorative trial, the criminal will not just be passively punished for his or her crime, but actively take "responsibility for making things right with victims and the community as far as possible," as Zehr puts it. This "restitution" can include "money and services, to victims and the community." But that's just an ideal, and Zehr acknowledges that "society rarely achieves justice that is fully restorative." It's hard to imagine Breivik ever getting to this point (experts expect his sentence to be extended indefinitely), though others do, and he will be joining a prison system designed for those to-be-reformed.
Here's the tough thing about restorative justice: it works, as long as you don't consider retribution to be its own inherent good. Despite the lighter sentences, restorative justice systems seem to reduce crime, reduce the cost of imprisoning criminals, and reduce recidivism. There's no comparative data on which system better satisfies victims, but survivors and family members at the Breivik trial, at least, spent days of court time listening to, crying over, and applauding one another's stories. And this approach isn't just for well-off Scandinavian societies; Saudi Arabia has claimed considerable success applying the restorative models to terrorists and violent extremists.
But, even if we accept all of the data suggesting that society as a whole is better off under a Norwegian-style restorative model, those numbers don't account for the more abstract, difficult-to-define sense of justice as its own inherent good. Whatever you feel when you read about a criminal going free, see a wrongdoer get away with it, or hear that a mass murderer got sentenced to only 21 years, those emotions might be rooted in a basic human need for justice and fairness. A 2003 Princeton psychological study, for example, isolated a feeling of "moral outrage felt by those who witness transgressions." A German study from last year found that people who believe they've witnessed injustice become less happy, as if living in a just society were an intrinsic emotional need.
Norwegian-style restorative justice subverts those human desires for justice and fairness, which does seem to have found success in reducing crime's cost to society. Proponents, such as University of Oslo professor Thomas Mathiesen, say it's better for society overall because it isn't about "revenge, but sober, dignified treatment." But is the retributive-style need for justice and fairness really only about "revenge," or is it something more important than that? The retributive approach absolutely has its pitfalls -- the American system's heavy emphasis on punishment has a history of leading it to horrific excess and abuse -- but at least it's meant to be just. I don't know how you balance that against the overall social good, which Norway's gentler system seems to have found success in promoting, but the vastly different philosophies undergirding the two systems are a reminder that, even if right and wrong are universal, how society treats them is not.
Even in big cities like Tokyo, small children take the subway and run errands by themselves. The reason has a lot to do with group dynamics.
It’s a common sight on Japanese mass transit: Children troop through train cars, singly or in small groups, looking for seats.
They wear knee socks, polished patent-leather shoes, and plaid jumpers, with wide-brimmed hats fastened under the chin and train passes pinned to their backpacks. The kids are as young as 6 or 7, on their way to and from school, and there is nary a guardian in sight.
A popular television show called Hajimete no Otsukai, or My First Errand, features children as young as two or three being sent out to do a task for their family. As they tentatively make their way to the greengrocer or bakery, their progress is secretly filmed by a camera crew. The show has been running for more than 25 years.
Forget the Common Core, Finland’s youngsters are in charge of determining what happens in the classroom.
“The changes to kindergarten make me sick,” a veteran teacher in Arkansas recently admitted to me. “Think about what you did in first grade—that’s what my 5-year-old babies are expected to do.”
The difference between first grade and kindergarten may not seem like much, but what I remember about my first-grade experience in the mid-90s doesn’t match the kindergarten she described in her email: three and a half hours of daily literacy instruction, an hour and a half of daily math instruction, 20 minutes of daily “physical activity time” (officially banned from being called “recess”) and two 56-question standardized tests in literacy and math—on the fourth week of school.
That American friend—who teaches 20 students without an aide—has fought to integrate 30 minutes of “station time” into the literacy block, which includes “blocks, science, magnetic letters, play dough with letter stamps to practice words, books, and storytelling.” But the most controversial area of her classroom isn’t the blocks nor the stamps: Rather, it’s the “house station with dolls and toy food”—items her district tried to remove last year. The implication was clear: There’s no time for play in kindergarten anymore.
A new study finds that people today who eat and exercise the same amount as people 20 years ago are still fatter.
There’s a meme aimed at Millennial catharsis called “Old Economy Steve.” It’s a series of pictures of a late-70s teenager, who presumably is now a middle-aged man, that mocks some of the messages Millennials say they hear from older generations—and shows why they’re deeply janky. Old Economy Steve graduates and gets a job right away. Old Economy Steve “worked his way through college” because tuition was $400. And so forth.
We can now add another one to that list: Old Economy Steve ate at McDonald’s almost every day, and he still somehow had a 32-inch waist.
A study published recently in the journal Obesity Research & Clinical Practice found that it’s harder for adults today to maintain the same weight as those 20 to 30 years ago did, even at the same levels of food intake and exercise.
Any attempt to address mass incarceration has to begin with an effort to tackle crime—and the social conditions linked to its rise.
With the publication of “The Black Family in the Age of Mass Incarceration” Ta-Nehisi Coates has added an elegant and forceful voice to the growing frustration with the inefficacy and injustice of America’s criminal-justice system. Mandatory-sentencing laws, the War on Drugs, juvenile-justice sentences that seem to do more to create than deter criminals, racial arrest and sentencing disparities: All are ready for a tough national cross-examination.
But even in the unlikely event that Washington and state legislatures successfully adapt the nation’s crime policies to a safer, more racially sensitive era, the nation will still look around to find more black men in prison than it might expect or want. There’s a simple reason for that, one that Coates himself notes: Relative to other groups, blacks commit more crimes. To understand why is to tackle some very hard-to-talk-about realities of black family life. And on that issue—and despite his announced interest in the topic—Coates has been the opposite of lucid.
Some businesspeople are working half of the week in far-off countries or catching 3 a.m. trains just so that they don’t have to uproot their lives at home.
A few years back, David Neeleman, the founder of JetBlue Airways, left his company and launched a new airline in Brazil. The airline, Azul, flies 22 million people a year, employs 12,000 people, and is the fastest-growing carrier in the region.
You’d think running such a large, complex operation would require a move to South America. But Neeleman commutes to Azul’s Sao Paulo headquarters every week from his home in Connecticut, taking the 10-hour redeye on Sunday nights and returning on Thursdays. This way, he says, he doesn’t have to uproot his family of 10 kids.
“My wife wasn’t so interested in moving,” said Neeleman, who recently bought TAP, Portugal’s national airline and is now commuting there as well. “We had all these kids playing [American] football and lacrosse. They don’t have those sports in Brazil.”
In the movie Up in the Air, George Clooney successfully captures the road-warrior ethos that has long been associated with, say, business consultants from firms like McKinsey & Company who work on projects outside their hometowns and spend most of their week in hotels. But now, more and more executives around the world are choosing to take on lengthy commutes on a permanent basis, even if their jobs don’t demand it. Increasing globalization and tech-enabled workplace flexibility are certainly part of the reason why. But a more child-centered approach to parenting also seems to be a factor, as these executives make other major sacrifices in order to balance their professional and home lives.
David Hume, the Buddha, and a search for the Eastern roots of the Western Enlightenment
In2006, i was 50—and I was falling apart.
Until then, I had always known exactly who I was: an exceptionally fortunate and happy woman, full of irrational exuberance and everyday joy.
I knew who I was professionally. When I was 16, I’d discovered cognitive science and analytic philosophy, and knew at once that I wanted the tough-minded, rigorous, intellectual life they could offer me. I’d gotten my doctorate at 25 and had gone on to become a professor of psychology and philosophy at UC Berkeley.
I knew who I was personally, too. For one thing, I liked men. I was never pretty, but the heterosexual dance of attraction and flirtation had always been an important part of my life, a background thrum that brightened and sharpened all the rest. My closest friends and colleagues had all been men.
In 1973 my father was killed by his best friend, but according to the Internet he never even existed.
I don’t recall ever being told that my father had been murdered. I have no memory of a day when my mother sat me down and slowly and carefully unwound the story of how he had been reckless with his life and that he had been murdered as a result of it. I don’t recall her telling me about the other woman … about that woman’s husband shooting my father.
His death … his murder, which occurred in 1973, long before the invention of the Internet, has been as much my story, in some ways, as it was his own.
Being the daughter of a man embroiled in scandal, infidelity and ultimately life-ending violence defines you in ways beyond comprehension.
As a young girl, when introduced to a friend’s parents, there was no mistaking that faraway look in their eyes as they tried to recall why it was that my last name raised a feeling of alarm. This was typically followed by a wave of recognition, when their memory brought back pieces of my story. Their eyes said what they could not say aloud: “Oh … she’s the daughter of the man who was murdered by his best friend,” followed by the struggle to decide whether or not they should allow their child to be friends with me at all.
In the name of emotional well-being, college students are increasingly demanding protection from words and ideas they don’t like. Here’s why that’s disastrous for education—and mental health.
Something strange is happening at America’s colleges and universities. A movement is arising, undirected and driven largely by students, to scrub campuses clean of words, ideas, and subjects that might cause discomfort or give offense. Last December, Jeannie Suk wrote in an online article for The New Yorker about law students asking her fellow professors at Harvard not to teach rape law—or, in one case, even use the word violate (as in “that violates the law”) lest it cause students distress. In February, Laura Kipnis, a professor at Northwestern University, wrote an essay in The Chronicle of Higher Education describing a new campus politics of sexual paranoia—and was then subjected to a long investigation after students who were offended by the article and by a tweet she’d sent filed Title IX complaints against her. In June, a professor protecting himself with a pseudonym wrote an essay for Vox describing how gingerly he now has to teach. “I’m a Liberal Professor, and My Liberal Students Terrify Me,” the headline said. A number of popular comedians, including Chris Rock, have stopped performing on college campuses (see Caitlin Flanagan’s article in this month’s issue). Jerry Seinfeld and Bill Maher have publicly condemned the oversensitivity of college students, saying too many of them can’t take a joke.
Meaning comes from the pursuit of more complex things than happiness
"It is the very pursuit of happiness that thwarts happiness."
In September 1942, Viktor Frankl, a prominent Jewish psychiatrist and neurologist in Vienna, was arrested and transported to a Nazi concentration camp with his wife and parents. Three years later, when his camp was liberated, most of his family, including his pregnant wife, had perished -- but he, prisoner number 119104, had lived. In his bestselling 1946 book, Man's Search for Meaning, which he wrote in nine days about his experiences in the camps, Frankl concluded that the difference between those who had lived and those who had died came down to one thing: Meaning, an insight he came to early in life. When he was a high school student, one of his science teachers declared to the class, "Life is nothing more than a combustion process, a process of oxidation." Frankl jumped out of his chair and responded, "Sir, if this is so, then what can be the meaning of life?"