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.
The revolutionary ideals of Black Panther’s profound and complex villain have been twisted into a desire for hegemony.
The following article contains major spoilers.
Black Panther is a love letter to people of African descent all over the world. Its actors, its costume design, its music, and countless other facets of the film are drawn from all over the continent and its diaspora, in a science-fiction celebration of the imaginary country of Wakanda, a high-tech utopia that is a fictive manifestation of African potential unfettered by slavery and colonialism.
But it is first and foremost an African American love letter, and as such it is consumed with The Void, the psychic and cultural wound caused by the Trans-Atlantic slave trade, the loss of life, culture, language, and history that could never be restored. It is the attempt to penetrate The Void that brought us Alex Haley’s Roots, that draws thousands of African Americans across the ocean to visit West Africa every year, that left me crumpled on the rocks outside the Door of No Return at Gorée Island’s slave house as I stared out over a horizon that my ancestors might have traversed once and forever. Because all they have was lost to The Void, I can never know who they were, and neither can anyone else.
Is a lack of meaning really worse than a lack of freedom?
A man named François is a professor in Paris. He is a scholar of Joris-Karl Huysmans, an obscure 19th-century author who, in his later years, converted to Catholicism in an epiphany. François is the hero, or rather anti-hero, of French novelist Michel Houellebecq’s Submission. François is listless—even his attitude toward sex is uninspired, as if it’s an activity like any other, perhaps like playing tennis on a Sunday, but probably with less excitement. There is too much freedom and too many choices, and sometimes he’d rather just die.
The world around him, though, is changing. It is 2022. After a charismatic Islamist wins the second round of the French presidential elections against the right-wing Marine Le Pen (after gaining the support of the Socialists), a Muslim professor, himself a convert, attempts to persuade François to make the declaration of faith. “It’s submission,” the professor tells him. “The shocking and simple idea, which had never been so forcefully expressed, that the summit of human happiness resides in the most absolute submission.”
On Tuesday, Alex Van Der Zwaan, a lawyer who helped produce a report at Manafort’s behest, pleaded guilty to lying to the FBI.
Alex Van Der Zwaan, a former attorney at an international law firm, pleaded guilty to lying to federal agents about the last time he communicated with Paul Manafort’s longtime business partner, Rick Gates. Van Der Zwaan is the latest figure swept up in Robert Mueller’s expansive probe of Russian interference in the 2016 presidential election to admit to the charges against him.
Mueller’s interest in Van Der Zwaan, who helped produce a report about a contentious trial in Ukraine at Manafort’s behest, may be a signal that the special counsel is ramping up pressure on Manafort—whose connections to Russia and high-level role on the Trump campaign could prove invaluable to Mueller’s probe.
Gates is reportedly nearing his own plea deal with Mueller, according to the Los Angeles Times, but Manafort has continued to fight the charges he faces. His uphill battle to prove his innocence, however, will get steeper with Van Der Zwaan’s guilty plea.
But what foods are actually associated with weight gain in kids?
To find out, a group of researchers from Duke–National University of Singapore looked to the Avon Longitudinal Study of Parents and Children, which consists of 15,444 children born in 1991 and 1992 around Bristol, a city in southwest England. For their analysis, they included the 4,646 children who filled out a three-day food diary and had their height, weight, and physical activity measured at ages 7, 10, and 13. They tracked the changes in their BMI and measured how much chubbier or thinner they were than the average kid their age.
New evidence challenges one of the most celebrated ideas in network science.
A paper posted online last month has reignited a debate about one of the oldest, most startling claims in the modern era of network science: the proposition that most complex networks in the real world—from the World Wide Web to interacting proteins in a cell—are “scale-free.” Roughly speaking, that means that a few of their nodes should have many more connections than others, following a mathematical formula called a power law, so that there’s no one scale that characterizes the network.
Purely random networks do not obey power laws, so when the early proponents of the scale-free paradigm started seeing power laws in real-world networks in the late 1990s, they viewed them as evidence of a universal organizing principle underlying the formation of these diverse networks. The architecture of scale-freeness, researchers argued, could provide insight into fundamental questions such as how likely a virus is to cause an epidemic, or how easily hackers can disable a network.
A new study explores a strange paradox: In countries that empower women, they are less likely to choose math and science professions.
Though their numbers are growing, only 27 percent of all students taking the AP Computer Science exam in the United States are female. The gender gap only grows worse from there: Just 18 percent of American computer-science college degrees go to women. This is in the United States, where many college men proudly describe themselves as “male feminists” and girls are taught they can be anything they want to be.
Meanwhile, in Algeria, 41 percent of college graduates in the fields of science, technology, engineering, and math—or “STEM,” as it’s known—are female. There, employment discrimination against women is rife and women are often pressured to make amends with their abusive husbands.
According to a report I covered a few years ago, Jordan, Qatar, and the United Arab Emirates were the only three countries in which boys are significantly less likely to feel comfortable working on math problems than girls are. In all of the other nations surveyed, girls were more likely to say they feel “helpless while performing a math problem.”
Tech analysts are prone to predicting utopia or dystopia. They’re worse at imagining the side effects of a firm's success.
The U.S economy is in the midst of a wrenching technological transformation that is fundamentally changing the way people sleep, work, eat, shop, love, read, and interact.
At least, that’s one interpretation.
A second story of this age of technological transformation says that it’s mostly a facade—that the last 30 years have been a productivity bust and little has changed in everyday life, aside from the way everyone reads and watches videos. People wanted flying cars and got Netflix binges instead.
Let’s call these the Disrupt Story and the Dud Story of technology. When a new company, app, or platform emerges, it’s common for analysts to divide into camps—Disrupt vs. Dud—with some yelping that the new thing will change everything and others yawning with the expectation that traditionalism will win out.
Whatever their reasons, both Obama and Trump have argued against overemphasizing the effects of election interference—and they might both have a point.
At the start of the weekend, President Trump was buoyant, exulting that Robert Mueller’s latest round of indictments had not shown any evidence that the Trump campaign colluded with Russia. (Never mind that the troll-farm attacks are just one of several spheres Mueller is investigating, and that far more evidence to suggest collusion has turned up in others.)
But by the mid-weekend, the president’s mood had soured, as it became clear to him that the prevailed narrative from the indictment was the “incontrovertible” proof—to use National-Security Adviser H.R. McMaster’s word—of Russian interference in the 2016 election. Nothing sets Trump off quite as consistently as any suggestion of anything that might undermine the legitimacy of his victory.
Reuters photographer Stéphane Mahé visited a farmer named Jean-Bernard Huon on his farm in western France, where he deliberately lives a traditional, non-mechanized farm life.
Over the course of several recent months, Reuters photographer Stéphane Mahé visited and photographed a farmer named Jean-Bernard Huon on his farm in western France. Huon, now 70, grew up here, and deliberately lives a traditional, non-mechanized farm life, favoring ox teams over tractors. From a Reuters article: “When farm machinery revolutionized French agriculture in the years after World War II, a young Jean-Bernard Huon turned his back on the new technology. Half a century later, in a corner of southern Brittany on France’s west coast, Huon still uses oxen to plow his fields, determined to preserve an ancestral, peasant way of life.”