Crime and Punishment

In the eyes of the law, a corporation is a person. But it’s a strangely bodiless person, which makes it tricky to punish with laws designed for human offenders.

Tired of this, federal judge Robert Doumar in 1988 sentenced Allegheny Bottling Company to three years in prison and a fine of $1 million. The company had been caught in a price-fixing scheme that cheated consumers out of at least $10 million. “Congress has not said a corporation could not be imprisoned,” Doumar said. “This court will deal with any individual who similarly disregards the law.”

How? The court decided that the essence of imprisonment is restraint, or a deprivation of liberty, and that it could restrain or immobilize a corporation — by closing the physical plant and guarding it, for example. Doumar suspended the sentence but said that if the company violated its probation he would send a U.S. Marshal to “padlock every facility Allegheny owns.”

“Some 200 years ago, the Lord Chancellor of England said, ‘You cannot expect a corporation to have a conscience when it has no soul to be damned and no body to be kicked,'” he said. “Obviously, Allegheny Bottling Company did not have a conscience.”

More recently, California resident Jonathan Frieman put a charity’s incorporation papers in his passenger seat and drove in the carpool lane, arguing that his car now had multiple occupants.

“After I explained the reason I was citing him, he explained to me that he was exempt because he was in essence a corporation,” CHP Officer Troy Dorn testified. “I explained to him I was not sure about his standing as a corporation but he could explain it later in a Marin County court.”

Jurist Frank Drago admired the novelty of Frieman’s argument but said, “I look at it a little differently. … Common sense says carrying a sheath of papers in the front seat does not relieve traffic congestion. And so I’m finding you guilty.”

Pomp and Circumstance

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Why do we hold graduation ceremonies? You don’t have to attend the ceremony to collect your degree; your education would be just as complete without it. Why do we maintain this seemingly needless ritual?

Philosopher Elijah Millgram argues that the ceremony provides a motivation to persist through an otherwise uninspiring mountain of work. Education is a “jam-yesterday-jam-tomorrow” good — we value it when it’s in our future or in our past, but the experience itself is often stressful, difficult, or boring. “On any given occasion, a student is likely to be plowing through a hard-to-read book, or writing a difficult paper, or trying not to doze off in lecture,” he writes. “The education is all these things, and is correctly understood to be a great (and an intrinsic) good; but it is hard to stay focused on its value just because one does not see it, moment to moment.”

The graduation ceremony, with its colors, music, and ritual, provides a highly visible “dummy goal” that helps to motivate students to complete their requirements. Without it, the vague prospect of “jam tomorrow” — the promised satisfaction of holding a degree — might be too little to spur some students to finish their studies. “If students had to make their own moment-to-moment decisions as to whether to read the book, or write the paper, or stay in the lecture, on the basis of its intangible contribution to their education,” Millgram writes, “they would be all too likely to put off the unpleasant tasks to some other time.”

(Elijah Millgram, “Virtue for Procrastinators,” in Chrisoula Andreou and Mark D. White, eds., The Thief of Time, 2010.)

The Stag Hunt

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Rousseau asks: Suppose that you and I hunt a stag. This requires long hours lying in wait along the trail, and it entails the risk that the stag will not appear. If, after some time has passed, a hare appears, either of us could seize it, abandoning the hope of capturing the stag but getting an immediate meal for himself. To hunt the stag successfully we have to agree to trust one another, knowing that each of us has an immediate reason to betray the other.

This gets even harder when many people are involved. David Hume writes, “Two neighbors may agree to drain a meadow, which they possess in common; because ’tis easy for them to know each others mind, and each may perceive that the immediate consequence of failing in his part is the abandoning of the whole project. But ’tis difficult, and indeed impossible, that a thousand persons shou’d agree in any such action.”

How did our society ever get off the ground when cooperation requires a faith in one another that simple self-reliance does not? It seems that our very rationality makes such a leap harder: Animals such as social insects work harmoniously together, but “the agreement of these creatures is natural,” writes Thomas Hobbes. “That of men is by covenant only, which is artificial.”

Carper’s Index

No one knows who devised the cross-references in William Hawkins’ 1795 Treatise of the Pleas of the Crown, but he was either very wry or very cynical:

Cattle see Clergy.
Chastity see Homicide.
Coin see High Treason.
Convicts see Clergy.
Death see Appeal.
Election see Bribery.
Fear see Robbery.
Footway see Nuisance.
Honour see Constable.
Incapacity see Officers.
King see Treason.
Knaves see Words.
Letters see Libel.
London see Outlawry.
Shop see Burglary.
Threats see Words.
Westminster Hall see Contempt and Lie.

“A plain, unlettered man is led to suspect that the writer of the volume and the writer of the index are playing at cross purposes,” noted the Monthly Magazine. Perhaps they were.

In a Word

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macrobian
adj. long-lived

annosity
n. fullness of years, length of life, agedness

Index entries from A. Lapthorn Smith’s How to Be Useful and Happy From Sixty to Ninety, 1922:

Absurdity of voluntary retirement at sixty
Adding ten years to life
Alcohol as cure for insomnia, very bad
All day in garden
Beard, long white, don’t wear
Carriage and pair shortens life
Cause of insomnia must be found
Cook, good, source of danger to elderly men
Crime to die rich
Engine drivers over sixty, what to do with them
Garrett, Mrs., of Penge, active voter at 102
If no relatives, spend on poor
Young people, company of, at sixty, how to keep

See Jonathan Swift’s “Resolutions — When I Come to Be Old.”

Flash Mob

Pipe plot - 1877 - George Henry Boughton

When Wilhelm Kieft tried to outlaw smoking in New Amsterdam in the 1630s, he brought on a unique protest. Washington Irving writes:

A mob of factious citizens had … the hardihood to assemble before the governor’s house, where, setting themselves resolutely down, like a besieging army before a fortress, they one and all fell to smoking with a determined perseverance, that seemed as though it were their intention to smoke him into terms. The testy William issued out of his mansion like a wrathful spider, and demanded to know the cause of this seditious assemblage, and this lawless fumigation; to which these sturdy rioters made no other reply, than to loll back phlegmatically in their seats, and puff away with redoubled fury; whereby they raised such a murky cloud, that the governor was fain to take refuge in the interior of his castle.

Wilhelm finally gave in — people could smoke, he said, but they had to give up long pipes. “Thus ended this alarming insurrection, which was long known by the name of the pipe plot, and which, it has been somewhat quaintly observed, did end, like most other plots, seditions, and conspiracies, in mere smoke.”

(Thanks, Dan.)

Self Sacrifice

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Educator Bronson Alcott punished students by making them punish him:

“One day I called up before me a pupil eight or ten years of age, who had violated an important regulation of the school. All the pupils were looking on, and they knew what the rule of the school was. I put the ruler into the hand of that offending pupil; I extended my hand; I told him to strike. The instant the boy saw my extended hand, and heard my command to strike, I saw a struggle begin in his face. A new light sprang up in his countenance. A new set of shuttles seemed to be weaving a new nature within him. I kept my hand extended, and the school was in tears. The boy struck once, and he himself burst into tears. I constantly watched his face, and he seemed in a bath of fire, which was giving him a new nature. He had a different mood toward the school and toward the violated law. The boy seemed transformed by the idea that I should take chastisement in place of his punishment. He went back to his seat, and ever after was one of the most docile of all the pupils in that school, although he had been at first one of the rudest.”

Some of this may have been wishful thinking. Alcott’s grand ideas were often poorly received, and he found it a struggle to support his family, including daughter Louisa May. He once told his mother he was “still at my old trade — hoping.”

A Point of Law

A gentleman, who had been described as a ‘Pettifogger,’ accused another gentleman, whom he had styled a ‘Fish-fag,’ with an assault. It being a very intricate point, it was of course referred to the Lord Mayor. It stood as follows: — ‘Whether puffing a cloud of tobacco-smoke in a man’s face constituted an assault?’ After some grave consultation with that encyclopaedia of wisdom, Mr. Hobler, the decision ran thus — The Lord Mayor: ‘There has been no assault; nothing but words, words.’ — Complainant: ‘I beg pardon, my Lord.’ — The Lord Mayor: ‘Well, then, all smoke, if you please, or words and puffs. There have been no blows.’ — Now we beg his Lordship’s pardon. Pray what is a puff but a blow?

The Age, Aug. 8, 1830

Money Market

A curious bet was made in one of the London clubs, some years ago, that will doubtless point a moral. It was that a certain member could not, within two hours, on London-bridge, sell one hundred new guineas at a penny apiece.

The man took his place on the bridge with a little tray on which he had the coins. He informed the passers-by that they were genuine gold coins from the Bank of England, and that they were to be had for a penny each.

The cartmen and policemen laughed at him. When the time had expired, such is human incredulity, that he had sold but two, which a maid-servant bought to amuse her two little charges.

London Reader, July 11, 1885

Supply and Demand

The Waterford Chronicle requests that persons supplying the Journal with obituaries will attend to the following scale of prices (the idea is droll); for a simple death two shillings and sixpence. For the death of a person deeply regretted, five shillings. For the death of a person who lived a perfect pattern of all the Christian virtues, and died regretted by the whole country, ten shillings. For the death of a person who possessed extensive literature and profound erudition, superadded to which, his whole life was remarkable for piety, humility, charity, and self-denial, one pound. For the death of a lady, whose husband is inconsolable for her loss, and who was the delight of the circle in which she moved, one pound ten shillings. For the death of a gentleman, who had only been six months married, who was an example of every conjugal and domestic virtue, and whose widow is in a state of anguish bordering on distraction, two pounds. For the death of an aristocrat, who was a pattern of meekness, a model of humility, a patron of distressed genius, a genuine philanthropist, an exemplary Christian, an extensive alms-giver, profoundly learned, unremitting to the duties of his station, kind, hospitable, and affectionate to his tenantry, and whose name will be remembered and his loss deplored to the latest posterity, five pounds. For every additional good quality, whether domestic, moral, or religious, there will be an additional charge.

Birmingham Journal, Aug. 21, 1830