Exprisonment: Deprivation of Liberty on the Street and at Home

Criminal Justice Ethics 42 (1):1-19 (2023)
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Abstract

Scholars have addressed restrictions on individual liberty, or deprivations thereof, that do not entail prison or jail—including area restrictions, revoking driver’s licenses, and GPS bracelets. In all legal domains, the effects of these measures on the lives of targeted individuals can be significant, primarily with respect to their capability to guide their own behavior. Some are applied categorically rather than individually, do not involve a fair trial or hearing, or are applied preventively or after the targeted individual has completed a prison sentence. My aim in this article is to extend our view from prison as the quintessential method of depriving individuals of their liberty to control of individuals without locking them up. I address degrees of individual liberty and inquire into legal protections for individuals who are partially free but deprived of liberty in some areas of life.

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Hadassa Anne Noorda
University of Amsterdam

Citations of this work

Regulation as Punishment.Hadassa Noorda - 2021 - Criminal Justice Ethics 40 (2):108-123.
Non‐paradigmatic punishments.Helen Brown Coverdale & Bill Wringe - 2022 - Philosophy Compass 17 (5):e12824.

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References found in this work

A Theory of Justice: Revised Edition.John Rawls - 1999 - Harvard University Press.
The Morality of Law.Lon L. Fuller - 1964 - Ethics 76 (3):225-228.
Who Must Presume Whom to Be Innocent of What?Antony Duff - 2013 - Netherlands Journal of Legal Philosophy 42 (3):170-192.
The Time to Punish.Saul Smilansky - 1994 - Analysis 54 (1):50 - 53.

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