Punishment and presentism

This seems a bit plausible:

1. It is unjust to punish someone for a feature that is not intrinsic to them.

2. If presentism is true, then having done A is not an intrinsic feature of the agent.

3. Thus, if presentism is true, then punishment for past actions is always unjust.

The presentist may well question (2), insisting that presently having a past-tensed feature that was intrinsic when it was presently had counts as intrinsic. I am a bit unsure of this. It’s a question someone should investigate.

Here is a reason to think that presently having a past-tensed feature should not count as intrinsic. Suppose I am facing a free choice, with the possibilities of doing B and not doing B. Then it seems that no present intrinsic feature of me entails what I will do. But suppose that in fact I will do B. Then just as I have past-tensed properties like having done A, I presently have future-tensed properties like being about to do B. And it seems that if one is intrinsic, so is the other. Thus, if my being about to do B is not a present intrinsic feature of me, my having done A is not a present intrinsic feature of me.

The presentist might respond by embracing an open future and denying that it can be true in the case of a free choice that I will do B. But if this is right, then it seems that in order to defend the justice of punishment for past deeds, the presentist has to do something very controversial—accept an open future. Moreover, this means that a classical Jew, Christian and Muslim can’t be a presentist, since classical monotheists are committed to comprehensive foreknowledge, and hence to the denial of an open future, and the justice of retrospective punishment.

Of course, one might question (1). Here’s how one might start. We can punish Alice for punching Bob. But that’s not an intrinsic feature of Alice. We might respond by saying that Alice is punished for her internal act of will, but that doesn’t seem quite right. Probably a better move is to replace (1) by saying that there must be an intrinsic component to the feature one punishes someone for—say, Alice’s act of will. And the presentist now has trouble with this intrinsic component.