Abstract

It is a testament to the progress of empirical inquiry into mass incarceration that it has already yielded and transcended a “standard story.” By contrast, mass incarceration is only just beginning to emerge as a particular problem for the philosophy of punishment. In this chapter, Ewing offers a critical review of recent work by criminal law theorists, arguing that traditional justifications of punishment are ill-equipped to explain the distinctive injustice of mass incarceration. He then argues that the problem of mass incarceration should force us to reconsider neglected distributive dimensions of criminal justice. And he begins to reflect on what appears unjust about mass incarceration when criminal justice is reconceived as the problem of how to produce and fairly allocate security against crime and punishment.