BackgroundIn December 2014, China announced that only voluntarily donated organs from citizens would be used for transplantation after January 1, 2015. Many medical professionals worldwide believe that China has stopped using organs from death-row prisoners.DiscussionIn the present article, we briefly review the historical development of organ procurement from death-row prisoners in China and comprehensively analyze the social-political background and the legal basis of the announcement. The announcement was not accompanied by any change in organ sourcing legislations or regulations. As a (...) fact, the use of prisoner organs remains legal in China. Even after January 2015, key Chinese transplant officials have repeatedly stated that death-row prisoners have the same right as regular citizens to “voluntarily donate” organs. This perpetuates an unethical organ procurement system in ongoing violation of international standards.ConclusionsOrgan sourcing from death-row prisoners has not stopped in China. The 2014 announcement refers to the intention to stop the use of organs illegally harvested without the consent of the prisoners. Prisoner organs procured with “consent” are now simply labelled as “voluntarily donations from citizens”. The semantic switch may whitewash sourcing from both death-row prisoners and prisoners of conscience. China can gain credibility only by enacting new legislation prohibiting use of prisoner organs and by making its organ sourcing system open to international inspections. Until international ethical standards are transparently met, sanctions should remain. (shrink)

This article discusses the work of Dr Mary Louisa Gordon, who was appointed as the first English Lady Inspector of Prisons in 1908, and remained in post until 1921. Her attitude towards and treatment of women prisoners, as explained in her 1922 book Penal Discipline, stands in sharp contrast to that of her male contemporaries, and the categorisation of her approach as ‘feminist’ is reinforced by her documented connections with the suffragette movement. Yet her feminist and suffragist associations also resulted (...) in the marginalisation and dismissal of her work, such that Mary Gordon and Penal Discipline are virtually unknown today. Nevertheless, her insights into the position and needs of women prisoners retain a striking contemporary relevance. (shrink)

This teaching case study poses classic questions about following orders versus serving one's conscience. It tracks the actions of Captain Lawrence Rockwood, an intelligence officer with the Tenth Mountain Division of the United States Army, who was sent to Haiti in September 1994 as part of the mission to oust the dictator Cedras and put the elected Aristide in power. Captain Rockwood felt that his conscience, his humanitarian duty and international law all required that he inspect the National Penitentiary where, (...) intelligence reports showed, political prisoners were being tortured and murdered. His chain of command was unanimous in refusing him permission to inspect the prison and in directing that he do nothing that would endanger fragile relations with the peacefully departing Cedras regime. The case is intended for use in courses on force and justice, for ethics and leadership classes at military academies, at chaplaincy schools and seminaries or in classes on law of war and international law, civil-military relations, peacekeeping and new missions for the military. (shrink)

One of several life-affirming themes in Viktor Frankl’s classic Man’s Search for Meaning is the inviolate character of human freedom. Contrasting what he calls “inner freedom” with the dire external restrictions he experienced as a prisoner at Auschwitz and other concentration camps, Frankl insists that no matter how restrictive and dehumanizing one’s situation, the exercise of this internal freedom is always a possibility. Similar sentiments are found in Camus’s The Myth of Sisyphus. Though it contains elements of a typical 1980s (...) American action movie, on closer inspection, Andrei Konchalovsky’s 1985 film, Runaway Train, proves far from typical. In interviews, Konchalovsky draws parallels between the film—based on an original screenplay by Akira Kurosawa—and philosophical themes in Dostoyevsky, and identifies the “relativity of freedom” as one of its primary concerns. My article uses Konchalovsky’s Runaway Train to shed light on the hard-won vision of the inviolate nature of human freedom on display in Frankl’s Man’s Search for Meaning. (shrink)

Education, medicine and psychotherapeutics offer exemplary sites through which liberty and its dreams are realized. This article explores the social history of medical freedom and liberty in North America during the late nineteenth and early twentieth centuries. The National League for Medical Freedom (NLMF) and the American Medical Liberty League (AMLL) offered fierce resistance to allopathic power. Allopatic liberties and rights to medical practice in asylums, clinics, courts, hospitals, prisons and schools were never certain. The politics of these liberties and (...) rights represents a fascinating story that neither intellectual nor social historians have fully appreciated. (shrink)

Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration (...) of torture expresses and reinforces the moral exclusion of those subjected to it, particularly African Americans. Importantly, this moral exclusion and the experience of torture may be created and reinforced through institutional practices independently of the intentions of individuals acting within those institutions. By prioritizing torture victims’ experiences and severing the link between torture and intention, my account forces a recognition that, far from being inconsistent with U.S. values, torture is deeply embedded within U.S. institutions. (shrink)

Prisons are a feminist issue. This chapter offers an account of central issues and themes in feminist philosophical work on prisons, examples of important contributions, and future directions for feminist work in the field. It does so, however, in a way that consciously deploys a feminist methodology that resists the replication of hierarchical norms and structural violence in the very doing of theory and history. In this spirit, it emphasizes the record of struggle across the prison’s history, the resistance (...) efforts that live behind individual academic theories, the conceptual frameworks generated by groups bearing the brunt of carcerality, and it investigates alternative strategies of harm reduction developed across those communities. The chapter closes with an explicit exploration of prison abolitionism, which works not only to radically rethink punishment but also to shift the locus of voice and leadership. In so doing, the chapter aims to review, as much as to create anew, a feminist theoretical analysis of prisons. (shrink)

Philip Pettit’s republican conception of freedom is presented as an alternative both to negative and positive conceptions of freedom. The basic idea is to conceptualize freedom as non-domination, not as non-interference or self-mastery. When compared to negative freedom, Pettit’s republican conception comprises two controversial claims: the claim that we are unfree if we are dominated without actual interference, and the claim that we are free if we face interference without domination. Because the slave is a widely accepted paradigm of the (...) unfree person, the case of a slave with a non-interfering master is often cited as providing a good argument for the first republican claim and against a negative conception of freedom. One aim of this article is to raise doubts about whether this is true. The other aim of the article is to show that the prisoner—also a paradigm of the unfree person—presents a good argument against the second republican claim and in favour of a negative conception of freedom. This is called the ‘prisoner-argument’. It will be argued that neither Pettit’s distinction between free persons and free choices nor his distinction between compromising and conditioning factors of freedom can help to rebut the charge of the prisoner-argument. (shrink)

Constellations, Volume 29, Issue 3, Page 343-358, September 2022.

The inspectability of after-images has been denied. A typical claim is Ilham Dilman's: ‘I cannot say my apprehension of the after-image I see has changed but not the after-image itself’, for, he says, appearance and reality are one as regards the after-image. His reason is that this is a logical consequence of the fact that other people have no possible basis for correcting what I say about the after-image I see.

In many European countries,organic agriculture has rapidly beentransformed from a farmers' movement to aninstitutionalized part of agricultural policy.In certification, compliance with publishedorganic standards is verified through annualinspections on farms. In Finland, the role ofadvice in organic inspections has been thesubject of debate. Two inspections are usedhere to show how the term organic was definedand what the role of advice in relation tocompliance was. Both compliance and advisorytypes of interaction between the inspector andthe farmer were identified along an axis from “input (...) substitution” to “system redesign.” Thefindings illustrate the heterogeneity of theprocesses and definitions of the term organicin connection with inspections. System redesignwas less obvious in compliance than items ininspection documents suggest. The physicalsurroundings and the methods used affectinspection practices. Institutionalization isnot merely negative, but may also provideresources for system redesign. Whether adviceis part of a new and emerging way of enforcinginspections is considered. The findings suggestthat dialogue and negotiation are necessary inpromoting system redesign and in enhancing thedevelopmental functions of organicinspections. (shrink)

During the production process, production companies need to monitor the finished products and ensure their quality, which imposes on them the appointment of inspectors for auditing, and this appointment costs the company amounts that affect the general profit, so it strives to make this cost as low as possible and that the audit process is carried out with high accuracy because in case that the finished products do not conform to the basic specifications of the product, the company is required (...) to pay a fine. In this research, we will formulate the text of the problem appropriately for such a case and then we will build the appropriate mathematical model through which we can obtain the lowest possible cost of inspection, and we will present the study using classical values and neutrosophic values, and we will demonstrate them through an example that shows us the difference between them. (shrink)

Prisoner's dilemmas can lead rational people to interact in ways that lead to persistent inefficiencies. These dilemmas create a problem for institutional designers to solve: devise institutions that realign individual incentives to achieve collectively rational outcomes. I will argue that we do not always want to eliminate misalignments between individual incentives and efficient outcomes. Sometimes we want to preserve prisoner's dilemmas, even when we know that they systematically will lead to inefficiencies. No doubt, prisoner's dilemmas can create problems, but they (...) also create opportunities to practice the cooperative norms that make market institutions possible in the first place. An ethical market culture, I argue, benefits from the presence of prisoner's dilemmas. I first consider standard approaches for solving prisoner's dilemmas. I then argue for the value of prisoner's dilemmas. Finally, I show the significance of this argument for advocating codes of business ethics. (shrink)

We make the case that the Prisoner’s Dilemma, notwithstanding its fame and the quantity of intellectual resources devoted to it, has largely failed to explain any phenomena of social scientific or biological interest. In the heart of the paper we examine in detail a famous purported example of Prisoner’s Dilemma empirical success, namely Axelrod’s analysis of WWI trench warfare, and argue that this success is greatly overstated. Further, we explain why this negative verdict is likely true generally and not just (...) in our case study. We also address some possible defenses of the Prisoner’s Dilemma. (shrink)

Marx and Gramsci remain two of the most constant presences and inspirations for those on the left. Yet there is a persistent sense that we have still to get them right. Perhaps this indicates that sources like this are now fully classics, to be returned, and returned to. In the case of Marx and Gramsci, a series of major works published in the Brill Historical Materialism series breaks new ground as well as returning to older controversies, both resolved and unresolved. (...) Apart from remaining arguments concerning the status of materials unpublished in their own lifetimes, the major tension that emerges here is that between the task of immanent, contextual philology and the challenge of reading ‘Marx for today’ or ‘Gramsci for today’. The tension between text and context, and the question of what travels, conceptually persists. (shrink)

In Ephesians 4:17–32, the concept of a “new man” is explored, emphasizing the transformation that occurs when one becomes a follower of Christ. This passage delves into the teachings and principles that guide believers in their spiritual growth and maturity journey. The keywords in this section highlight key aspects of the teaching, such as “teaching,” which implies the importance of instruction and guidance in understanding and living out the Christian faith. Additionally, the phrase “new man” signifies a radical change within (...) an individual when they surrender their old ways and embrace a new life in Christ. Ephesians 4:17–32 offers practical insights on how to live as a transformed individual. It addresses various aspects of personal conduct, including honesty, integrity, self-control, kindness, forgiveness, and love. These virtues are not only encouraged for personal growth but also for fostering healthy relationships within the community of believers. (shrink)

Workplace inspections are undertaken because they are believed to lead to better conditions In the workplace. It is therefore essential to know if inspections have the desired effects on working conditions. We introduce a theoretical framework for the evaluation of workplace inspections with respect to their effects on working conditions. Criteria of efficiency and priority-setting are discussed. Some empirical results concerning priority-setting in Swedish inspection agencies are presented. Further, we argue that in order to obtain reliable information about the (...) effects of different inspection methods, it is necessary to perform controlled comparative studies in which different methods are used in different workplaces. Given the facility with which such studies can be performed, it is surprising how few such studies have been made. We conclude by surveying some empirical studies that concern the issue of efficient inspections. (shrink)

The Yugoslav socialist framework enabled major advances in what concerns the legal, economic and social equality of women, advances which radically changed their traditionally subordinated family and social position. In spite of the postwar period of revolutionary enthusiasm, female political activism and the access of women intellectuals to the male-dominated spheres of journalism, diplomacy, administration and governmental offices did not exist for long. Taking into account memoirs and oral histories of five distinguished women, the article reveals the reasons for the (...) Party’s antifeminist attitudes: a) the political fear of ambitious female “quality staff ”; b) the ideological fear of the women guardians of the traditional and religious foundations of collective identity; c) a cultural mistrust toward the mobile woman who easily transcends family, social and ethnic boundaries. These biographical sources reveal that any attempt at free thought and autonomous action outside of the party line was severely punished. (shrink)

MZF : Quelles sont les origines de ton engagement en faveur des nationalistes algériens et comment s’est-il inscrit dans ton parcours intellectuel et professionnel? Comment t’a-t-il amenée à être emprisonnée à la Roquette? CKZ : Je sortais de l’ENS de Sèvres en 1960, après avoir passé l’agrégation en 1959. L’année 1959-1960 était une année de liberté : j’avais obtenu, après quatre ans d’études, une année supplémentaire à l’ENS pour m’orienter vers la recherche et commencer une thèse sur l’...

Is capitalism inherently predatory? Must there be winners and losers? Is public interest outdated and free-riding rational? Is consumer choice the same as self-determination? Must bargainers abandon the no-harm principle? Prisoners of Reason recalls that classical liberal capitalism exalted the no-harm principle. Although imperfect and exclusionary, modern liberalism recognized individual human dignity alongside individuals' responsibility to respect others. Neoliberalism, by contrast, views life as ceaseless struggle. Agents vie for scarce resources in antagonistic competition in which every individual seeks dominance. This (...) political theory is codified in non-cooperative game theory; the neoliberal citizen and consumer is the strategic rational actor. Rational choice justifies ends irrespective of means. Money becomes the medium of all value. Solidarity and good will are invalidated. Relationships are conducted on a quid pro quo basis. However, agents can freely opt out of this cynical race to the bottom by embracing a more expansive range of coherent action. (shrink)

In “Punishing Intentions and Neurointerventions”, Birks and Buyx (2018) provide a novel argument on why the use of mandatory neurointerventions on convicted criminals is morally objectionable “in a...

On the twentieth anniversary of the death of one of the most important contemporary political and social philosophers, John B. Rawls (1921–2002), in this paper the authors deal with his understanding of the relationship between civil disobedience and freedom within the framework of a liberal constitutional democracy based on the rule of law. The fundamental starting point of Rawls’s theory, and thus of this work, is that civil disobedience expresses disobedience to the law within the limits of fidelity to the (...) law, although it is at the outer edge thereof. If the freedom of thought expressing disobedience to unjust laws is one of the fundamental freedoms, then civil disobedience can be understood not only as a corrective to liberal constitutional democracy but also as a realistic attempt to “save” it. This is an important topic of contemporary political philosophy, considering the increasingly widespread discourse about the crisis of liberalism in general today, and the impact of that crisis on the institutions of liberal constitutional democracy, among which the state stands out, but in fact law and the legal system as a whole. (shrink)

Prisons & Punishment focuses on cross-national perspectives about penal theories and empirical studies. It brings together African, European and North American social philosophers, sociologists, political scientists, legal practitioners, prisoners and abolitionist activists. The contributors reflect on carceral society, most notably in the United States, and on the re-conceptualisation of punishment.

Based on the personal experience of the author, who is involved in theatre projects with women convicts, the article moves across issues of detention, migration, and precarity. Foucault's concept of governmentality is instrumental in describing the arbitrary exercise of power on incarcerated people and their precarious living conditions. Life in jail is especially uncertain for clandestine migrants. In the article, recollections from the rehearsals of the show / racconti del corpo (Tales of the body) alternate with images and quotes from (...) the play, poems by women convicts, and reflections on detention as the ultimate condition of precarity for migrant women. (shrink)

Prison On Trial is the classic critique of prisons and imprisonment: a book for everyone's shelf. For anyone seeking to understand the modern penchant for locking-up ever more people, it distils the arguments for and against incarceration in a readable, accessible and authoritative way - gaining in status each time prison populations increase across large parts of the world.

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 an important role in a properly ‘communicative’ system of criminal justice: to serve as the ultimate sanction for offenders who fail to comply with other forms of punishment; to shock offenders into repentance for their crimes; and to communicate to offenders in a symbolically appropriate way the seriousness of their offence. This paper argues that each of Duff’s rationales fails: using prison as an ultimate sanction violates the communicative principle of treating offenders as responsible moral agents; the evidence suggests that prison will impede rather than facilitate repentant understanding; and while prison might be able to express censure, it is not rationally connected to enabling a meaningful moral dialogue. As such, it concludes that this particular appeal hearing for imprisonment fails. (shrink)