Law and Ethics of Human Rights 5 (1):139-157 (2011)
Imprisonment calls into question the institutionalized violence of the state and its organs. It touches on the very core of the meaning of state sovereignty and concerns one of the most disempowered groups of society: indicted criminals. Therefore, privatization of prisons signals the willingness to apply privatization policies almost with no limitations. Private prisons have become a known phenomenon in many countries. After the debate on this issue seemed to lose its pragmatic value—in contrast to its importance on the theoretical level—privatization of prisons reemerged as an issue of legal debate due to the Israeli Supreme Court decision that declared a law authorizing the establishment of a private prison unconstitutional. The following analysis evaluates this decision using it as a microcosm for studying the role of law in regulating privatization policies. The Article starts by studying the full range of privatization policies, in order to offer an analysis that would be relevant also to other cases along the privatization spectrum. It then challenges the traditional premise of public law that the move to privatization is merely a matter of policy and not of law. More concretely, the Article offers an analysis based upon distinguishing among three distinct spheres of discussion: the boundaries of privatization, the privatization process, and the regulation of privatized actions. This model of analysis is then applied to the case-study of prison privatization as decided by the Israeli Supreme Court
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Essential Questions About Prison Privatization.William B. Waegel - 2011 - Journal of Catholic Social Thought 8 (1):111-125.
The Paradox of E-Numbers: Ethical, Aesthetic, and Cultural Concerns in the Dutch Discourse on Food Additives. [REVIEW]Dirk Haen - 2014 - Journal of Agricultural and Environmental Ethics 27 (1):27-42.
Public or Private Good? The Contested Meaning of Marriage.Brook J. Sadler - 2010 - Social Philosophy Today 26:23-38.
How Privatization Threatens the Private.Chiara Cordelli - 2013 - Critical Review of International Social and Political Philosophy 16 (1):65-87.
Just War Theory and the Privatization of Military Force.James Pattison - 2008 - Ethics and International Affairs 22 (2):143–162.
For the Restoration of the Private Sphere: Thoughts on Privatization Theory. [REVIEW]Hisashi Nasu - 1992 - Human Studies 15 (1):77 - 93.
'Privatization' - A View From the Private Sector.John Rees - 1989 - British Journal of Educational Studies 37 (3):279 - 284.
Double Binds: Latin American Women's Prison Memories.Mary Jane Treacy - 1996 - Hypatia 11 (4):130 - 145.
Does the Private Finance Initiative Promote Innovation in Health Care? The Case of the British National Health Service.Pythagoras Petratos - 2005 - Journal of Medicine and Philosophy 30 (6):627 – 642.
Rawlsian Liberalism and the Privatization of Religion: Three Theological Objections Considered.Paul J. Weithman - 1994 - Journal of Religious Ethics 22 (1):3 - 28.
Of Private, Common, and Public Property and the Rationale for Total Privatization.Hans-Hermann Hoppe - 2011 - Libertarian Papers 3:1.
Added to index2011-07-17
Total downloads35 ( #148,660 of 2,177,988 )
Recent downloads (6 months)1 ( #317,698 of 2,177,988 )
How can I increase my downloads?