About this topic
Summary Imprisonment is probably the most common form of punishment in contemporary societies. Yet, imprisonment has received little attention from moral philosophers, especially in comparison to other modes of punishment, such as capital punishment. This is surprising, especially since imprisonment gives rise to many philosophical and ethical questions. Should prisoners be allowed to work? Should prisoners retain their political rights? Does prisoners have moral rights to access certain forms recreation and entertainment? Do we owe special moral duties towards families and children to prison inmates? Should prisoners retain their right to privacy? Can extensive and prolonged solitary confinement be morally defensible at all? Nowadays, most notably in the U.S, the presence of private prisons raises further questions about the limits - if there are any - of markets.  The books listed in the below provide a good starting point for anyone who wishes to engage the ethics of imprisonment. Lippke's book is a monograph and develops and defends a retributivist account of imprisonment. He deals explicitly with such issues as prison work, prison visists, prisoners political rights, rights to entertainment and recreation, among other topics. The other three are recent edited volumes.
Key works

Introductions

[1] R. Lippke, Rethinking Imprisonment Oxford, Oxford University Press, 2007 [2] A. Dzur, I. Loader and R. Sparks (eds), Democratic Theory and Mass Incarceration’ Oxford, Oxford University Press, 2016  

[3] C. Surprenant (ed.), Policing and Punishment: Philosophical Problems and Policy Solutions. Routledge, 2017

[4]. M. Garder and Weber M (eds) The Ethics of Policing and Imprisonment. Spring Verlag, 2018 

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101 found
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1 — 50 / 101
  1. From Rehabilitation to Penal Communication: The Role of Furlough and Visitation Within a Retributivist Framework.William Bülow & Netanel Dagan - forthcoming - Punishment and Society.
    Retributivism is one of the most prevalent theories in contemporary penal theory. However, despite its popularity it is frequently argued that too little attention has been paid to the implications of retributivism for prison management and prison life, including prison visits and furlough. More so, it has been questioned both whether the various forms of retributivism found in the philosophical literature on criminal punishment have anything to say about what prison life ought to be like and whether they are able (...)
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  2. Is It Morally Legitimate to Punish the Late Stage Demented for Their Past Crimes?Oliver Hallich - forthcoming - The Journal of Ethics:1-23.
    Are we justified in keeping the demented in prison for crimes they committed when they were still healthy? The answer to this question is an issue of considerable practical importance. The problem arises in cases where very aged criminals exhibit symptoms of dementia while serving their sentence. In these cases, one may wonder whether lodging these criminals in penal institutions rather than in normal caretaking facilities is justifiable. In this paper, I argue that there are justificatory reasons for punishing the (...)
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  3. Coercion and the Neurocorrective Offer.Jonathan Pugh - forthcoming - In David Rhys Birks & Thomas Douglas (eds.), reatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford, UK:
    According to what Douglas calls ‘the consent requirement’, neuro-correctives can only permissibly be provided with the valid consent of the offender who will undergo the intervention. Some of those who endorse the consent requirement have claimed that even though the requirement prohibits the imposition of mandatory neurocorrectives on criminal offenders, it may yet be permissible to offer offenders the opportunity to consent to undergoing such an intervention, in return for a reduction to their penal sentence. I call this the neurocorrective (...)
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  4. Would Nonconsensual Criminal Neurorehabilitation Express a More Degrading Attitude Towards Offenders Than Consensual Criminal Neurorehabilitation?Jukka Varelius - forthcoming - Neuroethics:1-12.
    It has been proposed that reoffending could be reduced by manipulating the neural underpinnings of offenders’ criminogenic mental features with what have been called neurocorrectives. The legitimacy of such use of neurotechnology – criminal neurorehabilitation, as the use is called – is usually seen to presuppose valid consent by the offenders subjected to it. According to a central criticism of nonconsensual criminal neurorehabilitation, nonconsensual use of neurocorrectives would express a degrading attitude towards offenders. In this article, I consider this criticism (...)
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  5. Retributivism and the Use of Imprisonment as the Ultimate Back-Up Sanction.William Bülow - 2019 - Canadian Journal of Law and Jurisprudence 32 (2):285-303.
    Imprisonment is often said to be the ultimate back-up sanction for offenders who do not abide by their non-custodial sentence. From a standard consequentialist perspective this is morally justified, if it is a cost-effective means to crime prevention. In contrast, the use of imprisonment as a back-up is much harder to justify from retributivist perspectives, with their emphasis on just desert or deserved censure. The crux is this: if the reason for a non-custodial sentence is that a prison sentence risks (...)
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  6. Is Preventive Detention Morally Worse Than Quarantine?Thomas Douglas - 2019 - In Jan W. De Keijser, Julian Roberts & Jesper Ryberg (eds.), Predictive Sentencing: Normative and Empirical Perspectives. London: Hart Publishing.
    In some jurisdictions, the institutions of criminal justice may subject individuals who have committed crimes to preventive detention. By this, I mean detention of criminal offenders (i) who have already been punished to (or beyond) the point that no further punishment can be justified on general deterrent, retributive, restitutory, communicative or other backwardlooking grounds, (ii) for preventive purposes—that is, for the purposes of preventing the detained individual from engaging in further criminal or otherwise socially costly conduct. Preventive detention, thus understood, (...)
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  7. The Case Against Forced Methadone Detox in the US Prisons.Daniel D’Hotman, Jonathan Pugh & Thomas Douglas - 2019 - Public Health Ethics 12 (1):89-93.
    Methadone maintenance therapy is a cost-effective, evidence-based treatment for heroin dependence. In the USA, a majority of heroin-dependent offenders are forced to detox from methadone when incarcerated. Recent research published in The Lancet has demonstrated the negative health and economic outcomes associated with such policies. Methadone Continuation Versus Forced Withdrawal on Incarceration in a Combined US Prison and Jail: A Randomised, Open Label Trial. The Lancet, 386, 350–359). This novel evidence raises questions as to the justification for current policies of (...)
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  8. Reconciliation as the Aim of a Criminal Trial: Ubuntu’s Implications for Sentencing.Thaddeus Metz - 2019 - Constitutional Court Review 9:113-134.
    In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out of (...)
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  9. (Mis)Treating Substance Use Disorder With Prison.Kaitlin Puccio - 2019 - Voices in Bioethics 5.
    It is largely unethical to sentence individuals who are addicted to drugs to prison. While substance use can be a crime, it must be treated differently from other crimes because addiction is a psychiatric disorder. Prisons are penal institutions. Legitimate goals of penal sanctions include retribution, deterrence, rehabilitation, and incapacitation.[i] Most of these goals do not speak to those with substance use disorder, and incarceration may be counterproductive given the wide availability of drugs and feeble rehabilitation efforts in prison. Further, (...)
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  10. Justifying Prison Breaks as Civil Disobedience.Isaac Shur - 2019 - Aporia 19 (2):14-26.
    I argue that given the persistent injustice present within the Prison Industrial Complex in the United States, many incarcerated individuals would be justified in attempting to escape and that these prison breaks may qualify as acts of civil disobedience. After an introduction in section one, section two offers a critique of the classical liberal conception of civil disobedience envisioned by John Rawls. Contrary to Rawls, I argue that acts of civil disobedience can involve both violence and evasion of punishment, both (...)
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  11. Policing and Punishment for Profit.Chris Surprenant - 2019 - Journal of Business Ethics 159 (1):119-131.
    This paper examines ethical considerations relating to the current role of financial incentives in policing and punishment in the USA, focusing on the two methods of punishment most popular in the USA: fines and forfeitures and incarceration. It examines how financial incentives motivate much of our penal system, including how and when laws are enforced; discusses relevant ethical considerations and concerns connected with our current practices; proposes a theoretical solution for addressing these problems that involves realigning existing incentives to better (...)
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  12. Deserved Delayed Release? The Communicative Theory of Punishment and Indeterminate Prison Sentences.William Bülow - 2018 - Criminal Justice Ethics 37 (2):164-181.
    Indeterminate sentencing is a sentencing practice where offenders are sentenced to a range of potential imprisonment terms and where the actual release date is determined later, typically by a parole board. Although indeterminate sentencing is often considered morally problematic from a retributivist perspective, Michael O’Hear has provided an interesting attempt to reconcile indeterminate sentencing with the communicative version of retributivism developed by Antony Duff. O’Hear’s core argument is that delayed release, within the parameters of the indeterminate sentence, can be seen (...)
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  13. The Ethics of Policing and Imprisonment.Molly Gardner & Michael Weber (eds.) - 2018 - Springer Verlag.
    This volume considers the ethics of policing and imprisonment, focusing particularly on mass incarceration and police shootings in the United States. The contributors consider the ways in which non-ideal features of the criminal justice system―features such as the prevalence of guns in America, political pressures, considerations of race and gender, and the lived experiences of people in jails and prisons―impinge upon conclusions drawn from more idealized models of punishment and law enforcement. There are a number of common themes running throughout (...)
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  14. Imprisonment and the Right to Freedom of Movement.Robert C. Hughes - 2018 - In Chris W. Surprenant (ed.), Rethinking Punishment in the Era of Mass Incarceration. New York, USA: Routledge. pp. 89-104.
    Government’s use of imprisonment raises distinctive moral issues. Even if government has broad authority to make and to enforce law, government may not be entitled to use imprisonment as a punishment for all the criminal laws it is entitled to make. Indeed, there may be some serious crimes that it is wrong to punish with imprisonment, even if the conditions of imprisonment are humane and even if no adequate alternative punishments are available.
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  15. Towards Transitional Justice? Black Reparations and the End of Mass Incarceration.Jennifer Page & Desmond King - 2018 - Ethnic and Racial Studies 41 (4):739-758.
    There are many commonalities between the goals of transitional justice and domestic redress movements. We look at the movement for reparations for enslavement and Jim Crow in the United States as an example of a domestic reparations movement, and argue for the usefulness of the concept of transitional justice. We are particularly interested in showing that a future democratic transition – the end of mass incarceration – could animate a renewed push for reparations and a formal investigation into America’s legacy (...)
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  16. The Wrong of Mass Punishment.Hamish Stewart - 2018 - Criminal Law and Philosophy 12 (1):45-57.
    The increase in incarceration of offenders in the United States over the last 40 years has created a system of mass incarceration or mass punishment. While consequentialist theories of punishment may generate considerable doubts about the value of this system, it seems that retributive theories of punishment lack the resources to criticize mass punishment. Because of their focus on individual desert, it seems that they can say nothing about punishment in the aggregate. Nevertheless, there are good reasons for a certain (...)
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  17. Mandatory Minimums and the War on Drugs.Daniel Wodak - 2018 - In David Boonin, Katrina L. Sifferd, Tyler K. Fagan, Valerie Gray Hardcastle, Michael Huemer, Daniel Wodak, Derk Pereboom, Stephen J. Morse, Sarah Tyson, Mark Zelcer, Garrett VanPelt, Devin Casey, Philip E. Devine, David K. Chan, Maarten Boudry, Christopher Freiman, Hrishikesh Joshi, Shelley Wilcox, Jason Brennan, Eric Wiland, Ryan Muldoon, Mark Alfano, Philip Robichaud, Kevin Timpe, David Livingstone Smith, Francis J. Beckwith, Dan Hooley, Russell Blackford, John Corvino, Corey McCall, Dan Demetriou, Ajume Wingo, Michael Shermer, Ole Martin Moen, Aksel Braanen Sterri, Teresa Blankmeyer Burke, Jeppe von Platz, John Thrasher, Mary Hawkesworth, William MacAskill, Daniel Halliday, Janine O’Flynn, Yoaav Isaacs, Jason Iuliano, Claire Pickard, Arvin M. Gouw, Tina Rulli, Justin Caouette, Allen Habib, Brian D. Earp & Andrew Vierra (eds.), The Palgrave Handbook of Philosophy and Public Policy. Springer Verlag. pp. 51-62.
    Mandatory minimum sentencing provisions have been a feature of the US justice system since 1790. But they have expanded considerably under the war on drugs, and their use has expanded considerably under the Trump Administration; some states are also poised to expand drug-related mandatory minimums further in efforts to fight the current opioid epidemic. In this chapter I outline and evaluate three prominent arguments for and against the use of mandatory minimums in the war on drugs—they appeal, respectively, to proportionality, (...)
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  18. Consequences Matter More: In Defense of Instrumentalism on Private Versus Public Prisons.Jason Brennan - 2017 - Criminal Law and Philosophy 11 (4):801-815.
    Alon Harel wants to show that punishment is a kind of symbolic expression that, as a matter of metaphysical necessity, can only be performed by governmental agents. Contrary to Harel, I argue private agents can in fact realize those features he argues only public agents can realize. I also argue that, even if he were right that only public guards and wardens can punish, it’s unclear why we would have an all-things-considered rather than merely a pro tanto/prima facie duty to (...)
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  19. Mass Incarceration and the Theory of Punishment.Vincent Chiao - 2017 - Criminal Law and Philosophy 11 (3):431-452.
    An influential strain in the literature on state punishment analyzes the permissibility of punishment in exclusively deontological terms, whether in terms of an individual’s rights, the state’s obligation to vindicate the law, or both. I argue that we should reject a deontological theory of punishment because it cannot explain what is unjust about mass incarceration, although mass incarceration is widely considered—including by proponents of deontological theories—to be unjust. The failure of deontological theories suggests a minimum criterion of adequacy for a (...)
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  20. Prison on Appeal: The Idea of Communicative Incarceration.Alasdair Cochrane - 2017 - Criminal Law and Philosophy 11 (2):295-312.
    In the classic abolitionist text, Prison on Trial, Thomas Mathieson argues that imprisonment cannot be justified by appeal to any standard punitive aim: rehabilitation, deterrence, incapacitation, or retribution. The aim of this paper is to give prison an ‘appeal hearing’: to examine whether it can be justified by a set of punitive aims not considered by Mathieson. In particular, it asks whether imprisonment can be justified by the ‘communicative’ theory of punishment proposed by Antony Duff. Duff sees imprisonment as having (...)
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  21. Risk Assessment Tools in Criminal Justice and Forensic Psychiatry: The Need for Better Data.Thomas Douglas, Jonathan Pugh, Illina Singh, Julian Savulescu & Seena Fazel - 2017 - European Psychiatry 42:134-137.
    Violence risk assessment tools are increasingly used within criminal justice and forensic psychiatry, however there is little relevant, reliable and unbiased data regarding their predictive accuracy. We argue that such data are needed to (i) prevent excessive reliance on risk assessment scores, (ii) allow matching of different risk assessment tools to different contexts of application, (iii) protect against problematic forms of discrimination and stigmatisation, and (iv) ensure that contentious demographic variables are not prematurely removed from risk assessment tools.
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  22. Safety and Sacrifice.Ami Harbin - 2017 - Ethics and Social Welfare 11 (2):163-176.
  23. Punishment Drift: The Spread of Penal Harm and What We Should Do About It.Richard L. Lippke - 2017 - Criminal Law and Philosophy 11 (4):645-659.
    It is well documented that the effects of legal punishment tend to drift to the family members, friends, and larger communities of convicted offenders. Instead of conceiving of punishment drift as incidental to legal punishment, or as merely foreseen but not intended by state authorities and thus permissible, I argue that efforts ought to be undertaken to limit or ameliorate it. Failure to confine punishment drift comes perilously close to punishment of the innocent and is at odds with other legal (...)
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  24. Neuro-Interventions as Criminal Rehabilitation: An Ethical Review.Jonathan Pugh & Thomas Douglas - 2017 - In Jonathan D. Jacobs & Jonathan Jackson (eds.), The Routledge Handbook of Criminal Justice Ethics. London: Routledge.
    According to a number of influential views in penal theory, 1 one of the primary goals of the criminal justice system is to rehabilitate offenders. Rehabilitativemeasures are commonly included as a part of a criminal sentence. For example, in some jurisdictions judges may order violent offenders to attend anger management classes or to undergo cognitive behavioural therapy as a part of their sentences. In a limited number of cases, neurointerventions — interventions that exert a direct biological effect on the brain (...)
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  25. Punishment: A Costly Signal?Gregory Robson - 2017 - Journal of Philosophy 114 (4):208-219.
    In “Punishment as a Costly Signal of Reform,” Jim Staihar argues that prisons should provide inmates with opportunities to sacrifice in ways that signal their genuine reform to others. I first show why Staihar’s program would be valuable, but only in restricted contexts. I then argue that costly signaling programs will usually be either not sufficiently costly to be taken seriously by the signal’s receivers or not rational for inmates in harsh prison environments to complete. Next, I consider the worry (...)
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  26. Are There Expressive Limits on Incarceration?Bill Wringe - 2017 - In Chris Surprenant (ed.), Policing and Punishment: Philosophical Problems and Policy Solutions. Routledge.
    I shall argue that advocates of denunciatory forms of expressivism can make a good case for restricting the range of measures that can be an appropriate form of punishment. They can do so by focusing not on the conditions of uptake of the message conveyed by punishment, but by the content of that message. For it is plausible that part of that message should be that the offender is a responsible agent and a member of the political community. Forms of (...)
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  27. Penal Disenfranchisement.Christopher Bennett - 2016 - Criminal Law and Philosophy 10 (3):411-425.
    This paper considers the justifiability of removing the right to vote from those convicted of crimes. Firstly, I consider the claim that the removal of the right to vote from prisoners is necessary as a practical matter to protect the democratic process from those who have shown themselves to be untrustworthy. Secondly, I look at the claim that offenders have broken the social contract and forfeited rights to participate in making law. And thirdly, I look at the claim that the (...)
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  28. Democratic Theory and Mass Incarceration.Albert Dzur, Ian Loader & Richard Sparks (eds.) - 2016 - Oxford University Press USA.
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  29. Death and Other Penalties: Philosophy in a Time of Mass Incarceration.Lisa Guenther, Geoffrey Adelsberg & Scott Zeman (eds.) - 2015 - Fordham UP.
    Motivated by a conviction that mass incarceration and state execution are among the most important ethical and political problems of our time, the contributors to this volume come together from a diverse range of backgrounds to analyze, critique, and envision alternatives to the injustices of the U.S. prison system, with recourse to deconstruction, phenomenology, critical race theory, feminism, queer theory, and disability studies. They engage with the hyper-incarceration of people of color, the incomplete abolition of slavery, the exploitation of prisoners (...)
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  30. Denying Pell Grants to Prisoners: Race, Class, and the Philosophy of Mass Incarceration.Jason L. Mallory - 2015 - International Social Science Review 90 (1).
    This paper asks whether prisoners should have access to Pell Grants, for which they are currently ineligible. In the first section, the author considers philosophical arguments relating to the present ban by examining traditional concerns of deterrence, rehabilitation, and retribution. The second section explores two arguments against a more inclusive Pell Grant policy. In the third section the author argues that restoring higher education grants to prisoners is compelling, especially when one considers issues of race and class. The paper concludes (...)
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  31. Reprobation as Shared Inquiry: Teaching the Liberal Arts in Prison.Joshua A. Miller & Daniel Harold Levine - 2015 - Radical Philosophy Review 18 (2):287-308.
    Respect for victims requires that we have social systems for punishing and condemning (reproving) serious crimes. But, the conditions of social marginalization and political subordination of the communities from which an overwhelming number of prisoners in the United States come place serious barriers in the face of effective reprobation. Mass incarceration makes this problem worse by disrupting and disrespecting entire communities. While humanities education in the prisons is far from a total solution, it is one way to make reprobation meaningful, (...)
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  32. Is Coercive Treatment of Offenders Morally Acceptable? On the Deficiency of the Debate.Jesper Ryberg - 2015 - Criminal Law and Philosophy 9 (4):619-631.
    Is it morally acceptable to instigate criminal offenders to participate in rehabilitative treatment by offering treatment in return for early release from prison? Some theorists have supported such treatment schemes by pointing to the beneficial consequences that follow from the treatment. Others have suggested that the schemes are unacceptably coercive, which implies that consent becomes an illusion. This paper argues that the discussion—with clear parallels to debates of other healthcare treatment offers in medical ethics—has adopted a too narrow focus. By (...)
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  33. Punishment, Desert, and Equality: A Levinasian Analysis.Benjamin S. Yost - 2015 - In Lisa Guenther, Geoffrey Adelsberg & Zeman Scott (eds.), Death and Other Penalties: Philosophy in a Time of Mass Incarceration. Fordham UP.
    The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. After detailing (...)
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  34. The Harms Beyond Imprisonment: Do We Have Special Moral Obligations Towards the Families and Children of Prisoners?William Bülow - 2014 - Ethical Theory and Moral Practice 17 (4):775-789.
    This paper discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are then applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological. It is argued (...)
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  35. Treating Inmates as Moral Agents: A Defense of the Right to Privacy in Prison.William Bülow - 2014 - Criminal Justice Ethics 33 (1):1-20.
    This paper addresses the question of prison inmates' right to privacy from an ethical perspective. I argue that the right to privacy is important because of its connection to moral agency and that the protection of privacy is warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications of this argument by addressing two potential problems. First, how much privacy should be allowed during imprisonment in order to meet the criteria of respecting inmates (...)
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  36. Political Theory and Philosophy in a Time of Mass Incarceration.Natalie Cisneros & Andrew Dilts - 2014 - Radical Philosophy Review 17 (2):395-402.
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  37. Criminal Rehabilitation Through Medical Intervention: Moral Liability and the Right to Bodily Integrity.Thomas Douglas - 2014 - The Journal of Ethics 18 (2):101-122.
    Criminal offenders are sometimes required, by the institutions of criminal justice, to undergo medical interventions intended to promote rehabilitation. Ethical debate regarding this practice has largely proceeded on the assumption that medical interventions may only permissibly be administered to criminal offenders with their consent. In this article I challenge this assumption by suggesting that committing a crime might render one morally liable to certain forms of medical intervention. I then consider whether it is possible to respond persuasively to this challenge (...)
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  38. The Ethics of Captivity.Lori Gruen (ed.) - 2014 - Oxford University Press.
    Though conditions of captivity vary widely for humans and for other animals, there are common ethical themes that imprisonment raises. This volume brings together scholars, scientists, and sanctuary workers to address these issues in fifteen new essays.
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  39. Moral and Philosophical Problems of Long-Term Imprisonment.Alison Liebling - 2014 - Studies in Christian Ethics 27 (3):258-269.
    Considerable policy and scholarly interest in the treatment of long-term prisoners in conditions of high security existed throughout the 1970s to 1990s, often precipitated by major calamitous events. It has been a major theme of official discourse on the treatment of long-term prisoners since then that ‘a viable life’ and the preservation of dignity are important principles to adhere to in policy and practice. This morality is under threat.
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  40. Philosophy Imprisoned: The Love of Wisdom in the Age of Mass Incarceration.Sarah Tyson & Joshua M. Hall - 2014 - Lexington Books.
    Editors Sarah Tyson and Joshua M. Hall convene an international group of philosophical thinkers—from both inside and outside prison walls—who draw on a variety of historical figures and critical perspectives to think about prisons in our new historical era.
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  41. Contextualising Professional Ethics: The Impact of the Prison Context on the Practices and Norms of Health Care Practitioners.Karolyn L. A. White, Christopher F. C. Jordens & Ian Kerridge - 2014 - Journal of Bioethical Inquiry 11 (3):333-345.
    Health care is provided in many contexts—not just hospitals, clinics, and community health settings. Different institutional settings may significantly influence the design and delivery of health care and the ethical obligations and practices of health care practitioners working within them. This is particularly true in institutions that are established to constrain freedom, ensure security and authority, and restrict movement and choice. We describe the results of a qualitative study of the experiences of doctors and nurses working within two women’s prisons (...)
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  42. Coercion, Incarceration, and Chemical Castration: An Argument From Autonomy.Thomas Douglas, Pieter Bonte, Farah Focquaert, Katrien Devolder & Sigrid Sterckx - 2013 - Journal of Bioethical Inquiry 10 (3):393-405.
    In several jurisdictions, sex offenders may be offered chemical castration as an alternative to further incarceration. In some, agreement to chemical castration may be made a formal condition of parole or release. In others, refusal to undergo chemical castration can increase the likelihood of further incarceration though no formal link is made between the two. Offering chemical castration as an alternative to further incarceration is often said to be partially coercive, thus rendering the offender’s consent invalid. The dominant response to (...)
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  43. Should the Late Stage Demented Be Punished for Past Crimes?Annette Dufner - 2013 - Criminal Law and Philosophy 7 (1):137-150.
    The paper investigates whether it is plausible to hold the late stage demented criminally responsible for past actions. The concern is based on the fact that policy makers in the United States and in Britain are starting to wonder what to do with prison inmates in the later stages of dementia who do not remember their crimes anymore. The problem has to be expected to become more urgent as the population ages and the number of dementia patients increases. This paper (...)
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  44. Solitary Confinement: Social Death and its Afterlives.Lisa Guenther - 2013 - Minnesota University Press.
    Prolonged solitary confinement has become a widespread and standard practice in U.S. prisons—even though it consistently drives healthy prisoners insane, makes the mentally ill sicker, and, according to the testimony of prisoners, threatens to reduce life to a living death. In this profoundly important and original book, Lisa Guenther examines the death-in-life experience of solitary confinement in America from the early nineteenth century to today’s supermax prisons. Documenting how solitary confinement undermines prisoners’ sense of identity and their ability to understand (...)
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  45. ''Punishment, Contempt, and the Prospect of Moral Reform''.Zachary Hoskins - 2013 - Criminal Justice Ethics 32 (1):1-18.
    This paper objects to certain forms of punishments, such as supermax confinement, on grounds that they are inappropriately contemptuous. Building on discussions in Kant and elsewhere, I flesh out what I take to be salient features of contempt, features that make contempt especially troubling as a form of moral regard and treatment. As problematic as contempt may be in the interpersonal context, I contend that it is especially troubling when a person is treated contemptuously by her political community’s institutions -- (...)
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  46. The Liberal Polity, Criminal Sanction, and Civil Society.Jonathan Jacobs - 2013 - Criminal Justice Ethics 32 (3):1-16.
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  47. The Failure of the Bona Fide Occupational Qualification in Cross‐Gender Prison Guard Cases: A Problem Beyond Equal Employment Opportunity.Camille Monahan - 2013 - Hypatia 28 (1):101-121.
    Knowing the theory of gender that a court is using to understand and assess the issues in a case is vital to ensuring that women are afforded their full rights under the law. Unfortunately, courts often do not explicitly state what understanding of gender is informing their decisions. An exception is found in employment law: specifically, the bona fide occupational qualification (BFOQ) exception to Title VII of the Civil Rights Act, which allows employers to engage in sex-based discrimination in those (...)
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  48. The End of Prisons: Reflections From the Decarceration Movement.Mechthild E. Nagel & Anthony J. Nocella Ii (eds.) - 2013 - Brill | Rodopi.
    This book brings together a collection of social justice scholars and activists who take Foucault’s concept of discipline and punishment to explain how prisons are constructed in society from nursing homes to zoos. This book expands the concept of prison to include any institution that dominates, oppresses, and controls. Criminologists and others, who have been concerned with reforming or dismantling the criminal justice system, have mostly avoided to look at larger carceral structures in society. In this book, for example, scholars (...)
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  49. Voters Should Not Be in Prison! The Rights of Prisoners in a Democracy.Peter Ramsay - 2013 - Critical Review of International Social and Political Philosophy 16 (3):421-438.
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  50. Punishment as a Costly Signal of Reform.Jim Staihar - 2013 - Journal of Philosophy 110 (5):282-292.
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