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.
One hundred years ago, a retail giant that shipped millions of products by mail moved swiftly into the brick-and-mortar business, changing it forever. Is that happening again?
Amazon comes to conquer brick-and-mortar retail, not to bury it. In the last two years, the company has opened 11 physical bookstores. This summer, it bought Whole Foods and its 400 grocery locations. And last week, the company announced a partnership with Kohl’s to allow returns at the physical retailer’s stores.
Why is Amazon looking more and more like an old-fashioned retailer? The company’s do-it-all corporate strategy adheres to a familiar playbook—that of Sears, Roebuck & Company. Sears might seem like a zombie today, but it’s easy to forget how transformative the company was exactly 100 years ago, when it, too, was capitalizing on a mail-to-consumer business to establish a physical retail presence.
The president’s latest comments shouldn’t be surprising—but his deliberate inflammation of tense situations is no less stunning.
During last year’s presidential campaign, I conducted a running feature called the “Trump Time Capsule.” Its purpose was to chronicle the things Donald Trump said or did that were entirely outside the range of previous presidents or major-party nominees. This, in turn, was meant to lay down a record of what was known about this man, as the electorate decided whether to elevate him to presidential power.
By the time the campaign ended, the series had reached installment #152. Who Donald Trump was, and is, was absolutely clear by election day: ignorant, biased, narcissistic, dishonest. As Ta-Nehisi Coates argues in our current issue, everyone who voted for him did so with ample evidence about the kind of person they considered the “better” choice, or even as a minimally acceptable choice for president. Almost nothing Trump has done since taking office should come as a surprise.
NFL athletes are protesting on behalf of America’s founding values––and Donald Trump neither loves nor understands them.
Donald Trump, who has a disturbing history of praising brutal dictators, possesses no better than a Twitter troll’s understanding of what it means to be an American patriot. He spent the weekend trolling the NFL over the players protesting police violence during the national anthem, though any other president would have been attending to the millions of fellow citizens suffering in Puerto Rico; and the NFL athletes who defied him by taking a knee Sunday in solidarity with protests against police killings had the high ground, as good students of American history will understand.
When the Founding Fathers affixed their signatures to the Declaration of Independence, the first act of political courage in United States history, the American flag as we know it did not yet exist. And it would be more than a century before the Star Spangled Banner was adopted as the national anthem. Yet the Founders were not deficient in love of country for lacking the Stars and Stripes. In bravely dissolving political bonds with Britain, Thomas Jefferson set forth the premise of the United States, the core ideas around which his countrymen rallied: “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
A good marriage is no guarantee against infidelity.
“Most descriptions of troubled marriages don’t seem to fit my situation,” Priya insists. “Colin and I have a wonderful relationship. Great kids, no financial stresses, careers we love, great friends. He is a phenom at work, fucking handsome, attentive lover, fit, and generous to everyone, including my parents. My life is good.” Yet Priya is having an affair. “Not someone I would ever date—ever, ever, ever. He drives a truck and has tattoos. It’s so clichéd, it pains me to say it out loud. It could ruin everything I’ve built.”
Priya is right. Few events in the life of a couple, except illness and death, carry such devastating force. For years, I have worked as a therapist with hundreds of couples who have been shattered by infidelity. And my conversations about affairs have not been confined within the cloistered walls of my therapy practice; they’ve happened on airplanes, at dinner parties, at conferences, at the nail salon, with colleagues, with the cable guy, and of course, on social media. From Pittsburgh to Buenos Aires, Delhi to Paris, I have been conducting an open-ended survey about infidelity.
At a game played in London on Sunday afternoon, many of their fellow Ravens and Jaguars took a knee.
Before the Lions met the Falcons in Detroit on Sunday, Rico LaVelle sang “The Star-Spangled Banner.” And then he took a knee.
They were replicating the gesture of Colin Kaepernick, the former 49ers quarterback who, starting in 2016, had been kneeling during the pre-game singing of the national anthem. “I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color,” Kaepernick explained. “To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder.” Kaepernick’s 49ers teammates, Eric Reid and Eli Harold, took a knee. The Beaumont Bulls, a high school team, took a knee. Their collective protests, however, had been limited—deviations from the norm.
The foundation of Donald Trump’s presidency is the negation of Barack Obama’s legacy.
It is insufficient to statethe obvious of Donald Trump: that he is a white man who would not be president were it not for this fact. With one immediate exception, Trump’s predecessors made their way to high office through the passive power of whiteness—that bloody heirloom which cannot ensure mastery of all events but can conjure a tailwind for most of them. Land theft and human plunder cleared the grounds for Trump’s forefathers and barred others from it. Once upon the field, these men became soldiers, statesmen, and scholars; held court in Paris; presided at Princeton; advanced into the Wilderness and then into the White House. Their individual triumphs made this exclusive party seem above America’s founding sins, and it was forgotten that the former was in fact bound to the latter, that all their victories had transpired on cleared grounds. No such elegant detachment can be attributed to Donald Trump—a president who, more than any other, has made the awful inheritance explicit.
More comfortable online than out partying, post-Millennials are safer, physically, than adolescents have ever been. But they’re on the brink of a mental-health crisis.
One day last summer, around noon, I called Athena, a 13-year-old who lives in Houston, Texas. She answered her phone—she’s had an iPhone since she was 11—sounding as if she’d just woken up. We chatted about her favorite songs and TV shows, and I asked her what she likes to do with her friends. “We go to the mall,” she said. “Do your parents drop you off?,” I asked, recalling my own middle-school days, in the 1980s, when I’d enjoy a few parent-free hours shopping with my friends. “No—I go with my family,” she replied. “We’ll go with my mom and brothers and walk a little behind them. I just have to tell my mom where we’re going. I have to check in every hour or every 30 minutes.”
Those mall trips are infrequent—about once a month. More often, Athena and her friends spend time together on their phones, unchaperoned. Unlike the teens of my generation, who might have spent an evening tying up the family landline with gossip, they talk on Snapchat, the smartphone app that allows users to send pictures and videos that quickly disappear. They make sure to keep up their Snapstreaks, which show how many days in a row they have Snapchatted with each other. Sometimes they save screenshots of particularly ridiculous pictures of friends. “It’s good blackmail,” Athena said. (Because she’s a minor, I’m not using her real name.) She told me she’d spent most of the summer hanging out alone in her room with her phone. That’s just the way her generation is, she said. “We didn’t have a choice to know any life without iPads or iPhones. I think we like our phones more than we like actual people.”
What J.R.R. Tolkien’s classic The Hobbit still has to offer, 80 years after its publication
“In a hole in the ground there lived a hobbit.” So began the legendarium that dominated a genre, changed Western literature and the field of linguistics, created a tapestry of characters and mythology that endured four generations, built an anti-war ethos that endured a World War and a Cold War, and spawned a multibillion-dollar media franchise. J.R.R. Tolkien’s work is probably best remembered today by the sword-and-sandal epic scale of The Lord of The Rings films, but it started in the quiet, fictionalized English countryside of the Shire. It started, 80 years ago in a hobbit-hole, with Bilbo Baggins.
Although Tolkien created the complicated cosmological sprawl of The Silmarillion and stories like the incestuous saga of Túrin Turambar told in The Children of Húrin, Middle-earth itself is mostly remembered today as something akin to little Bilbo in his Hobbit-hole: quaint, virtuous, and tidy. Nowadays, George R.R. Martin’s got the market cornered on heavily initialed fantasy writers, and his hand guides the field. High and epic fantasy are often expected to dip heavily into the medieval muck of realism, to contain heavy doses of sex and curses, gore and grime, sickness and believable motives and set pieces. Characters like Martin’s mercenary Bronn of the Blackwater are expected to say “fuck.” Modern stories, even when set in lands like A Song of Ice and Fire’s Essos that are filled with competing faiths, tend toward the nihilist, and mostly atheist. Heavenly beings are denuded of potency and purity; while the gods may not be dead, divinity certainly is.
Colin Kaepernick and other athletes have a better claim on the United States’s symbols and their meaning.
President Trump apparently slept on it overnight and woke up early on Sunday morning thinking: “Yes, I will fight a cultural war against black athletes.”
In two Sunday morning tweets, Trump urged a boycott of the National Football League until owners punished players who refused to stand for the national anthem, in protest of police brutality and racial injustice—capping a weekend of taunting and trash-talking that began at his Alabama rally Friday night. He’s now created a situation in which it will seem almost unmanly for black athletes, and not only football players, not to take a knee during the anthem. If they stand for the anthem, they will seem to do so at Trump’s command. How can they not resist?
Two new books explore America’s changing romantic landscape.
C.S. Lewis’s wife, Joy Davidman, died of bone cancer on July 13, 1960. The next day, the famous author wrote a letter to Peter Bide, the priest who had married them, to tell him the news.
“I’d like to meet,” Lewis writes, suggesting the two grab lunch sometime soon. “For I am—oh God that I were not—very free now. One doesn’t realize in early life that the price of freedom is loneliness. To be happy is to be tied.”
When it comes to romance, Americans are freer than they’ve ever been. Freer to marry, freer to divorce, freer to have sex when and with whom they like with fewer consequences, freer to cohabitate without getting married, freer to remain single, freer to pursue open relationships or polyamory.