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.

Imprisonment imposes very substantial losses and deprivations on people convicted of crimes. The question for which crimes imprisonment is an appropriate sanction is addressed employing both retributive and crime reduction approaches to the justification of legal punishment. Although there is not complete convergence between what the two approaches imply about its use, it is argued that both would reserve imprisonment for serious offenses, ones that inflict or threaten significant harms with moderate to high levels of culpability. Thus, (...) neither approach supports the current use of imprisonment to sanction a range of lesser offenses. Key Words: crime reduction • imprisonment • retribution. (shrink)

Criminal law theorists have for the most part neglected the question of why imprisonment requires special legal safeguards for those targeted. The few scholars who have addressed this question have focused on how prison facilities restrict freedom of movement, control over one’s daily life, and access to particular human functioning, but they have ignored state measures that do not include confining individuals behind bars. I defend an alternative account: I argue that the use of prison facilities is part of (...) a raft of state measures, which includes measures that have a relatively minor impact on individuals and others that are more severe. What matters, in deciding what legal safeguards individuals should have against what kinds of state imposition, is how severely a measure impacts on the normal life of those subjected to it. This impact-based approach enables us to decouple the concept of imprisonment from walls, locks, and political and social barriers, thereby highlighting atypical forms of imprisonment, such as open prisons, as well as potential forms of imprisonment to be employed outside of prison, including house arrest. For instance, a person confined to a prison facility can, to a certain extent, be free to take part in society, or a person subject to other state measures can reside at home but be constrained from carrying out a major part of her activities. The account I defend enables us to identify imprisoned individuals as well as those subjected to measures similar to imprisonment, which has potential consequences for their legal rights. (shrink)

An experimental, conceptually driven foray into the Patrician field, Ireland’s ubiquitous national apostle – a former captive – is utilised as a vehicle through which to explore a trinity of salient and interrelated themes within the Catholic and Protestant hinterlands of the Irish imagination: visions of imprisonment; of the island; and of imperialism. The reader is guided through aspects of Patrician literature, visits the island’s hallowed Patrician shrines, and is thus shown Purgatory. Insights into the imaginations exhibited by a (...) range of influential Irish ideologues and intellectuals – Gerry Adams; J.B. Bury; John Hume; Eóin MacNeill; Michael McCarthy; John Mitchel; Peadar O’Donnell; Tomás Ó Fiaich; John Ryan; William Ryan; Ian Paisley; Patrick Pearse; Oscar Wilde – are generated. The cognitive (and conspicuously Platonic) terraforming of the prison-cell into an island, and of the island into a giant prison – of either British or Vatican construction – that recurs in much Irish political thought and reflection, is observed. The concluding section involves historiographical reflection: Bury’s, and by extension St. Patrick’s, influence with regards the development of the discipline of Irish history is highlighted. That the island exhibits a distinctive intellectual micro-climate, one in which visions of Patrick act as a formidable ideological force, is implicit throughout. (shrink)

The title The Imprisoned Splendour derives from the author's conviction that there is a world of unfolding "spiritual" potentiality interpenetrating the world of matter, and that to understand ourselves, and our relationship to nature and the creatures of the physical world we inhabit, this interpenetration must be philosophically considered. In this book, physicist, Raynor Johnson explores natural science, psychical research and mystical experience. The book is valuable for the serious and casual reader alike or anyone wishing to explore the mystical (...) world of paranormal phenomena. Telepathy, clairvoyance, clairaudience, telekinesis, poltergeist phenomena, phantoms of the living and the dead, trance phenomena, automatic writing, and the evidence for the "etheric body" are all discussed, Johnson the Scientist is clearly a mystic at heart, and this makes for fascinating reading; No stone is left unturned and theological dogma is cast aside. Pre-existence is discussed in depth. Johnson explains, "If the general conception of evolution be regarded as applicable to the soul as well as to the physical world, it is not either improbable or unreasonable that the soul should adventure forth into the physical world in a newly-built body to acquire further experience of the kind which this world can provide. The fact that the soul has done so once was presumably for adequate and compelling reasons, and whatever these are, it is apparent that more might be gained by a series of such incarnations." The imprisoned Splendour is deeply impressive and now considered a classic in psychical research literature. (shrink)

This book draws upon philosophical arguments, criminological evidence, and legal literature on prisoners' rights and sentencing to explore the restrictions and deprivations that can be legitimately imposed on serious offenders in the name of punishment.

Nineteenth–century scholars assumed that the Athenians as a community punished citizens with death, exile, atimia, and fines and used imprisonment only to hold those awaiting trial, those awaiting execution, and those unable to pay fines.1 As they saw it, brief imprisonment in the stocks occasionally supplemented these penalties, but always as additional penalty–never as a penalty on its own. Barkan saw in the use of imprisonment as an additional penalty the likelihood of general penal imprisonment and (...) used evidence from the oratorical corpus to make an argument therefore.2 His argument seems to have been largely ignored–the nineteenth–century interpretation continuing dominant; and the issue, largely unexplored but for a few glancing references in recent scholarship.3 The issue remains, thus, sufficiently vexed to make worthwhile a restatement of the argument for the use of punitive imprisonment. Also, the evidence provides clues worth setting forth as to why and when punitive imprisonment developed. Indeed, these are sufficient to make an argument about the relevance of the development to Athenian political history. For the introduction of penal imprisonment in Athens proves an extremely important historical moment, marking as it does both the completion of a general will institutionalized and a significant point in the establishment of isonomia. (shrink)

Nineteenth–century scholars assumed that the Athenians as a community punished citizens with death, exile,atimia, and fines and used imprisonment only to hold those awaiting trial, those awaiting execution, and those unable to pay fines.1As they saw it, brief imprisonment in the stocks occasionally supplemented these penalties, but always as additional penalty–never as a penalty on its own. Barkan saw in the use of imprisonment as an additional penalty the likelihood of general penal imprisonment and used evidence (...) from the oratorical corpus to make an argument therefore.2 His argument seems to have been largely ignored–the nineteenth–century interpretation continuing dominant; and the issue, largely unexplored but for a few glancing references in recent scholarship.3 The issue remains, thus, sufficiently vexed to make worthwhile a restatement of the argument for the use of punitive imprisonment. Also, the evidence provides clues worth setting forth as to why and when punitive imprisonment developed. Indeed, these are sufficient to make an argument about the relevance of the development to Athenian political history. For the introduction of penal imprisonment in Athens proves an extremely important historical moment, marking as it does both the completion of a general will institutionalized (in a punishment of consumption of the wrong–doer within, rather than of expulsion from, the community) and a significant point in the establishment ofisonomia. (shrink)

It is appropriate that a lecture in a series on ‘Philosophy and Practice’ should open by considering Bentham's ideas on imprisonment. For Bentham, incontestably a philosopher, was equally incontestably a practical reformer. This, indeed, is a received idea among philosophers; that is to say, most philosophers know that Bentham designed ‘a model prison of novel design’ (Mary Warnock), but few have actually considered the design, its implications or its effects. Most are content, like Warnock, with observing that the panopticon (...) plan was formally rejected, before passing on to the abstraction of Bentham's felicific calculus, his notion of utility, and his ideas about the foundations of law. Yet, strange as it may seem, the underlying idea of the panopticon has never been completely abandoned. One aspect of the idea pervades penal thinking, even while prison practice is still influenced by Bentham's practical proposals; moreover, the panoptic ideal has taken root far beyond the walls of actual prisons. Here is philosophy in practice, and yet, in many ways, practically and intellectually a failure. (shrink)

It is appropriate that a lecture in a series on ‘Philosophy and Practice’ should open by considering Bentham's ideas on imprisonment. For Bentham, incontestably a philosopher, was equally incontestably a practical reformer. This, indeed, is a received idea among philosophers; that is to say, most philosophers know that Bentham designed ‘a model prison of novel design’ (Mary Warnock), but few have actually considered the design, its implications or its effects. Most are content, like Warnock, with observing that the panopticon (...) plan was formally rejected, before passing on to the abstraction of Bentham's felicific calculus, his notion of utility, and his ideas about the foundations of law. Yet, strange as it may seem, the underlying idea of the panopticon has never been completely abandoned. One aspect of the idea pervades penal thinking, even while prison practice is still influenced by Bentham's practical proposals; moreover, the panoptic ideal has taken root far beyond the walls of actual prisons. Here is philosophy in practice, and yet, in many ways, practically and intellectually a failure. (shrink)

This paper shows that the protagonists of Byzantine Passions are often depicted as attaining holiness while on the move: after their arrest by pagan soldiers, Christian martyrs are subjected to travels for legal reasons. Drawing on the anthropological concept of liminality, I will suggest that such inflicted travels or transfers in Byzantine Passions serve as liminal phases between interrogation, torture, imprisonment, and execution, by which the protagonists ascend to the state of holiness. The paper, structured in three major sections, (...) focuses on scenes of ‘imprisoned martyrs on the move’ as delineated in both pre-Metaphrastic and Metaphrastic martyrdom accounts. After a concise introduction to the theoretical background and the text corpus of this study, the main sections explicate the motif of imposed movement in conjunction with the literary construction of holiness, the spiritual formation of the audience, and the structure of a martyrdom narrative. (shrink)

Western philosophy’s relationship with prisons stretches from Plato’s own incarceration to the modern era of mass incarceration. Philosophy Imprisoned: The Love of Wisdom in the Age of Mass Incarceration draws together a broad range of philosophical thinkers, from both inside and outside prison walls, in the United States and beyond, who draw on a variety of critical perspectives (including phenomenology, deconstruction, and feminist theory) and historical and contemporary figures in philosophy (including Kant, Hegel, Foucault, and Angela Davis) to think about (...) prisons in this new historical era. All of these contributors have experiences within prison walls: some are or have been incarcerated, some have taught or are teaching in prisons, and all have been students of both philosophy and the carceral system. The powerful testimonials and theoretical arguments are appropriate reading not only for philosophers and prison theorists generally, but also for prison reformers and abolitionists. (shrink)

Shaking the respect for history? -- Imprisoned by history -- The historical unconscious -- History: a self-centred science -- History: deception as cultural practice.

In her astute study of contemporary Arab women writers, Anastasia Valassopoulos begins by noting the pitfalls of much existing criticism of writers such as El Saadawi and Djebar in the West. Citing Amal Amireh’s article on the fraught history of the reception of El Saadawi in Egypt and in Europe, Valassopoulos comments that Arab women’s literature tends to be seen as ‘documentary’, and this obscures the ‘core issue of representation’ as it is explored and challenged by women writers. In the (...) face of this omission, the present article explores a selection of works by El Saadawi and Djebar from an aesthetic perspective. El Saadawi and Djebar use literary writing as a means to escape the constraints placed upon them by patriarchy, as well as by colonialism, and uphold creativity and poetry as a possible release from imprisonment. This article also uses Glissant’s and Bhabha’s concepts of literary opacity and the right to narrate as a partial framework for a reading of the relation between writing, freedom and aesthetic form in the works of El Saadawi and Djebar. El Saadawi and Djebar purposefully deploy a form of self-effacement, both in their autobiographical representations and in their portraits of female characters, also akin to Trinh Minh-ha’s strategy in Woman, Native, Other. Minh-ha’s dissemination of the writing voice, and the affirmation of collective solidarity between multiple but internally fragmentary feminist positions, serves, then, as a further theoretical backdrop for El Saadawi’s and Djebar’s use of opacity and the right to narrate as tools in an active feminist resistance to sexist and racist discourses. Both El Saadawi and Djebar use their writing to conceive women’s liberation from various forms of imprisonment, and they figure women’s fractured, convoluted and at times opaque self-expression as a direct form of resistance to both patriarchal and colonial oppression. (shrink)

This article explores the phenomenon of “phantom pain.” The analysis is based on personal experiences elicited from individuals who have lost a limb or live with a paralyzed body part. Our study reveals that the ways in which these individuals express their pain experience is an integral aspect of that experience. The material consists of interviews undertaken with men who are living with phantom pain resulting from a traumatic injury. The phenomenological analysis is inspired by Zahavi :151–167, 2001) and Merleau-Ponty. (...) On a descriptive level the metaphors these patients invoke to describe their condition reveal immense suffering, such as a feeling of being invaded by insects or of their skin being scorched and stripped from their body. Such metaphors express a dimension of experience concerning the self that is in pain and others whom the sufferer relates to through this pain, as well as the agony that this pain inflicts in the world of lived experience. This pain has had a profound impact on their lives and altered their relationship with self, others and the world. Their phantom pain has become a reminder of their formerly intact and functioning body; they describe the contrast between their past and present body as an ambiguous and disturbing experience. We conclude that these sensitive and personalized experiences of phantom pain illuminates how acts of expression—spoken pain—constitute a fundamental dimension of a first-person perspective which contribute to the field of knowledge about “phantom pain”. (shrink)

The growth of penal population through the last decades of the twentieth century reshaped the institutional landscape of American poverty and inequality. The effects of rising incarceration rates have been especially large for young minority men with little schooling. This paper charts the extent of incarceration among young disadvantaged men and describes the effects of the prison boom on American economic inequality.In this paper I will argue that we are currently living in an era of "mass imprisonment." Under mass (...) imprisonment, the experience of incarceration is so pervasive among some social groups as to be a defining feature of their collective experience_incarceration characterizes the group and influences their life chances. I provide evidence for this claim with estimates of incarceration rates and lifetime risks of imprisonment for recent birth cohorts of white and black men at different levels of schooling. These statistics show that young black men with little schooling became pervasively involved with the criminal justice system by the late 1990s.This historically novel and highly concentrated rate of incarceration has two profound effects on American economic inequality. First, mass imprisonment generates invisible inequality. Our official statistics and data sources that measure the economic well_being of the population do not count those who are institutionalized. The large labor force surveys that measure the unemployment rate, for example, are drawn from samples of households. Be cause prison inmates are not included in these surveys, employment rates are significantly over_stated among people most likely to go to prison. Once we factor in the effects of invisible inequality through the late 1990s, we see that the economic expansion did very little to improve the economic status of young black men with no college education.In addition to invisible inequality, incarceration reduces the life chances of ex_inmates after they are released. Through the stigma of a criminal conviction, the diminished human capital from time out of the labor force, and the weakened social connections to legitimate employment opportunities, incarceration reduces the wages and employment of those serving time in prison. Not only does incarceration reduce pay and employment, it also limits the kinds of jobs that are available to formerly_incarcerated workers. Career jobs requiring a high level of trust, skill, credentials, or well_placed social connections are largely out of reach for those with prison records. As a result, incarceration channels ex_inmates into the secondary labor market in which employment is precarious and there are few prospects for mobility. In this way, the growth of the American penal system has hardened the lines of social disadvantage. We usually study prisons and jails in the context of their effects on crime. By calculating the scope of mass imprisonment, the penal system becomes important not chiefly for its effects on crime, but for its effects on social inequality. (shrink)

The phrase ‘Never Again,’ ‘plus jamais, ‘nie wieder,’ ‘nunc más’ and ‘nunca mais’ promises to end the atrocities of the 20th century and warns of their return if individuals and governments remain indifferent to injustices in the world. Never Again is based on the moral claim that active remembrance is central to learning from the past and to preventing violence in the future. Indeed, as President Volodymyr Zelensky argued in his speech on May 8th commemorating the end of World War (...) II, ‘Never Again’ is ‘the anthem of the civilized world.’ While the promise of Never Again was undermined by genocide in Yugoslavia and Rwanda, and the bombing of civilians in Syria and war in Afghanistan, Russia’s full-scale invasion of Ukraine tests the ethics of Never Again on a larger scale with its looming specter of nuclear war and growing list of war crimes. In an effort to understand how the very institutions that were created in the aftermath of World War II could not prevent war from returning to Europe, my argument proceeds in three parts: (1) Never Again is based on a paradox between the universal and the particular, as well as between the historical experience of individuals in the past and the universal promise to avert its reoccurrence. (2) Never Again refers to a break in historical time that links the living with memories of the dead and promises not to repeat the violence of the past in the future. At issue is the kind of intergenerational responsibility implied in the ethics of Never Again. (3) The imperative of Never Again is weakened when memory is reduced to a melancholic gaze of catastrophe that privileges a tragic understanding of history. (shrink)

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 that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, it should give rise to special moral obligations. Using the notion of residual obligation, these obligations are defended, categorized and clarified. (shrink)

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.

Noël Carroll has suggested that scary films scare because our emotions are structured by the disgusting and dangerous properties of the films’ monsters. By contrast, this essay argues that some scary films scare through more direct means than can be explained by entertaining in thought, say, the impure properties of Count Dracula. It is the film itself that disgusts and frightens, by ‘taking over’ the spectator so that their consciousness of the film is ‘contaminated’ by the ‘spirit’ of horror. In (...) this essay, I discuss this state of ‘being done by disgust-horror through Roman Polanski’s Repulsion (1965). In my reading, Repulsion is about ultrasensitivity to the world and the subsequent, insane fear of intimacy that the film itself directly induces in its spectator. The spectator is threatened with possession in a fashion analogous to the way in which Carole’s apartment (her own mind) keeps her captive in her own disgust. This disgust that Carole feels is not merely disgust towards men, but disgust towards the world in general. The effect of this is the devastating, disgusting, schizophrenic terror of being unable to trust one’s own senses. (shrink)

Stephan Körner is a noble guardian of the grand tradition in philosophy and has given us many reasons to wish him well. But here I take him admiringly to task for doubting that there are eternal verities. The conceptual puzzles of anthropology yield a case for the epistemological unity of mankind. In understanding the thought of other cultures, we cannot fail to find in it some of our own categories, constitutive principles and maximal kinds. Their logic must be, at heart, (...) ours. In upshot, since the bars of our conceptual prison can be seen neither from within nor from without, I conclude that they are not there at all. Yet none of this denies the inspiring quality of his work — the grand tradition is safe with him. (shrink)

Stephan Körner is a noble guardian of the grand tradition in philosophy and has given us many reasons to wish him well. But here I take him admiringly to task for doubting that there are eternal verities. The conceptual puzzles of anthropology yield a case for the epistemological unity of mankind. In understanding the thought of other cultures, we cannot fail to find in it some of our own categories, constitutive principles and maximal kinds. Their logic must be, at heart, (...) ours. In upshot, since the bars of our conceptual prison can be seen neither from within nor from without, I conclude that they are not there at all. Yet none of this denies the inspiring quality of his work — the grand tradition is safe with him. (shrink)

Jeffrey Goldsworthy's book, Parliamentary Sovereignty: Contemporary Debates, offers a modern defence of the doctrine of parliamentary sovereignty. But it fails to offer a sufficiently clear interpretation of the statement that Parliament can do anything except limit its powers, a statement open to many different interpretations. In 1972, during the passage of the European Communities Bill, law officers declared that it was logically impossible for Parliament to abridge its sovereignty. In consequence of the European Communities Act 1972, the doctrine has undergone (...) a subtle alteration of meaning. The European Union Act 2011 also poses problems for Goldsworthy's position since it imposes a referendum requirement on any significant future transfer of power to the European Union. Such legislation cannot be understood in terms of the manner and form interpretation of the doctrine of parliamentary sovereignty; and the question of whether the courts can disapply legislation infringing human rights remains open. Questions of the sort, ‘Can Parliament do x?’, are better replaced by questions of the sort ‘What are the rules which regulate Parliament?’. Goldsworthy's work constitutes a brave attempt to rescue the essentially metaphysical doctrine of parliamentary sovereignty. Nevertheless, the doctrine seems to obscure rather than clarify constitutional issues. (shrink)

The ethics and moral psychology of the Phaedo crucially depend on claims made uniquely about bodily desire. This paper offers an analysis and defense of the account of bodily desire in the dialogue, arguing that bodily desires – desires with their source in processes or conditions of the body – are characterized by three features: motivational pull, assertoric force, and intensity. Desires with these features target the soul’s rational functions with distinctive forms of imprisonment. They target the soul’s capacity (...) to rule with servility; and they target the soul’s capacity for knowledge with confinement in the visible world. (shrink)

"The paper describes the experiences of Nicolae Steinhardt and Viktor Frankl, both imprisoned despite their innocence, and their discovery of happiness and meaning through suffering and pain. Nicolae Steinhardt was a Romanian political prisoner of the communist regime and Viktor Frankl was a Jew imprisoned in the Auschwitz concentration camp. While in prison, Nicolae Steinhardt is secretly baptized and his life takes a very interesting turn. The discovery of God gives him access to the phenomenon of happiness and as he (...) confesses, in prison he will live the happiest days of his life. Despite the miserable conditions, the pain, and the physical and mental torment, Steinhardt characterizes his happiness as ecstatic, passionate and life-changing. Under similar conditions, Viktor Frankl discovers the importance of suffering in determining the meaning of life. For Frankl, life always holds a potential meaning and “if there is a meaning in life at all, then there must be a meaning in suffering”. Therefore, through suffering and sorrow, and not in spite of them, Steinhardt and Frankl gain access to happiness and meaning. Keywords: happiness; meaning of life; suffering; prison; imprisonment; purpose; pain; Nicolae Steinhardt; Viktor Frankl. ". (shrink)

Review(s) of: A priesthood imprisoned: A crisis for the church, by John E. Ryan, (Bayswater, VIC, Coventry Press, 2017), pp. 126, $24.95.

This licentiate thesis consists of three essays which all concern the ethics of imprisonment and what constitutes an ethically defensible treatment of criminal offenders. Paper 1 defends the claim that prisoners have a right to privacy. I argue that the right to privacy is important because of its connection to moral agency. For that reasons is the protection of inmates’ right to privacy also warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical (...) implications of this argument. Ultimately I argue the invasion of privacy should be minimized to the greatest extent possible without compromising other important values and rights to safety and security. In defending this position, I argue that respect for inmates’ privacy should be part of the objective of creating and upholding a secure environment to better effect in the long run. Paper 2 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 applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological, and it is argued that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, imprisonment should give rise to special moral obligations towards families of prisoners. Using the notion of residual obligation, these obligations are defended, categorized and clarified. Paper 3 evaluates electronic monitoring from an ethical perspective and discusses whether it could be a promising alternative to imprisonment as a criminal sanction for a series of criminal offenses. EM evaluated from an ethical perspective as six initial ethical challenges are addressed and discussed. It is argued that since EM is developing as a technology and a punitive means, it is urgent to discuss its ethical implications and incorporate moral values into its design and development. (shrink)

Children of prisoners are often negatively affected by their parents’ incarceration, which raises issues of justice. A common view is that the many negative effects associated with parental imprisonment are unjust, simply because children of prisoners are impermissibly harmed or unjustly punished by their parents’ incarceration. We argue that proposals of this kind have problems with accounting for cases where it is intuitive that prison might create social injustices for children of prisoners. Therefore, we suggest that in addition to (...) the question of whether children of prisoners are impermissibly harmed, we should ask whether the inequalities that these children endure because of their parent’s incarceration are objectionable from a social justice perspective. To answer this latter question, we examine the negative effects associated with parental imprisonment from the perspective of luck egalitarianism. We develop a luck egalitarian account that incorporates insights from the philosophy of childhood. On our account, children of prisoners might endure two different types of objectionable inequalities, since they are often deprived of resources that are important for ensuring fair equality of opportunity in adulthood, but also because they are likely to suffer inequalities in terms of childhood welfare. After defending this account, we explore its implications for policy. (shrink)

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 being a disproportionate or inappropriate sanction, retributivists need to explain how a prison term can be warranted as the backup sanction for those who breach the requirements of their non-custodial sentence, even though their original crime wasn’t serious enough to warrant imprisonment in the first place. The aim in this paper is to critically assess the extent to which retributivists can justify the use of imprisonment as the ultimate back-up sanction. In doing so, I first examine two broad strategies that are discussed in the literature, and which retributivists could employ in order to respond to this problem. The first strategy stresses how desert has only a limited role in sentencing such that it demarcates a range of deserved punishment. On this view, associated with limiting retributivism, one could initially opt for a less harsh yet deserved punishment, leaving room for the imposition of back-up sanctions when needed. The second strategy focuses on how the act of breach is a reprehensible act that can allow for a penalty increase, and thereby lead to imprisonment. Although it is argued that both strategies fail, the paper proposes an alternative solution to this problem. (shrink)

History from Loss challenges the common thought that 'history is written by the winners' and explores how history makers in different times and places across the globe have written histories from loss, even when this has come at the threat to their own safety. A distinguished group of historians from around the globe offer an introduction to different history-makers' lives and ideas, and important extracts from their works which highlight various meanings of loss: from physical ailments to social ostracism, exile (...) to imprisonment, and from dispossession to potential execution. Throughout the volume consideration of the information 'bubbles' of different times and places helps to show how information has been weaponised to cause harm. In this way, the text helps to put current debates about the biases and weaponization of platforms such as social media into global and historical perspective. In combination, the chapters build a picture of history from loss which is global, sustained, and anything but a simple mirror of history made by victors. The volume also includes an Introduction and Afterword which draw out the key meanings of history from loss, and which offer ideas for further exploration. History from Loss provides an invaluable resource for students, teachers, and general readers who wish to put current debates on bias, the politicization of history, and threats to history makers into global and historical perspective. (shrink)

Bodily pain and distress come in many forms. They can well up from within at times of serious illness, but the body can also be subjected to harsh treatment from outside. The medical system is often cold and depersonalized, and much worse are conditions experienced by prisoners in our age of mass incarceration, and by animals trapped in our factory farms. In this pioneering book, Drew Leder offers bold new ways to rethink how we create and treat distress, clearing the (...) way for more humane social practices. Leder draws on literary examples, clinical and philosophical sources, his medical training, and his own struggle with chronic pain. He levies a challenge to the capitalist and Cartesian models that rule modern medicine. Similarly, he looks at the root paradigms of our penitentiary and factory farm systems and the way these produce distressed bodies, asking how such institutions can be reformed. Writing with coauthors ranging from a prominent cardiologist to long-term inmates, he explores alternative environments that can better humanize—even spiritualize—the way we treat one another, offering a very different vision of medical, criminal justice, and food systems. Ultimately Leder proposes not just new answers to important bioethical questions but new ways of questioning accepted concepts and practices. (shrink)

[First paragraphs: This essay takes its practical orientation from my experiences as a member of a philosophy reading group on death row at Riverbend Maximum Security Penitentiary in Nashville, Tennessee. Its theoretical orientation comes from W. E. B. Du Bois’ lecture-turned-essay, “Criteria of Negro Art,” which argues that the realm of aesthetics is vitally important in the war against racial discrimination in the United States. And since, according to Michele Alexander’s critically-acclaimed The New Jim Crow: Mass Incarceration in the Age (...) of Colorblindness, the prison system should be the primary front today in this war, my essay’s ultimate aim is t/o articulate a new criterion of the present-day “Negro” art being created by a prison population that is still overwhelmingly constituted by persons of color. In my first section, I will show how Du Bois’ insights in “Criteria of Negro Art” remain relevant today, especially in the prison context, and argue that it is thus appropriate for my new criterion to be shaped by his distinctive conception of “propaganda.” In my second section, through a close reading of two texts by Michel Foucault (the pivotal thinker of modern imprisonment), I will flesh out this new criterion, “self-torsion,” defined as the effect of prisoners’ attempts at self-care within a prison system that distorts those attempts into further exploitation of both prisoners and the outside world that imprisons them. And my final section, in an attempt to illustrate this new criterion’s efficacy as a form of propagandistic resistance to contemporary racism, will deploy self-torsion as a critique of two artworks created by imprisoned members of my reading group at Riverbend penitentiary. (shrink)

This paper deals with the concept of Al-Waṭan, or ‘the homeland’, in Arabic in The Shell by Muṣṭafā Khalifa and Men in the Sun by Ghassān Kanafānī. Analysis of how alienation from this concept has affected both Khalifa's and Kanafānī's characters is carried out through the lenses of Deleuze and Guattari's theories of rhizomatic associations and minor literature, as well as through the lens of affect theory. The paper also examines parallels between definitions of Al-Waṭan/the homeland in Ibn Manẓūr's classical (...) dictionary Lisān al-ʿArab and Deleuze and Guattari's concepts of the war machine and the apparatus of capture. (shrink)

Architectural ethics has only begun to consider in earnest what it means, in a moral sense, to be an architect.1 The academy, however, has yet to adequately to explore the ethical problems raised,2 to evaluate the types of moral issues that arise, and to develop moral principles or moral reasons that should guide decisions when encountering these moral issues inherent in certain project types. This is the case despite the practice of architecture entailing “behaviours, our choices of which may be (...) illuminated by ethical analysis.”3 Although distinguishing practice from product allows ethical critique of the practice involved in designing buildings, and recognises the significance of the architect’s moral agency, there remains very little empirically-based understanding of how the architect, once identified as a moral agent, operates as such, and still less about the circumstances in which ‘professional’ conduct may be at odds with ‘ethical’ behaviour. (shrink)