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)

In The Idea of Prison Abolition, Tommie Shelby evaluates arguments for and against the elimination of incarceration as a mode of punishment. In this article, we discuss and expand upon Shelby's arguments, using two very different systems—those of Norway and the United States—as examples to illustrate some general principles.

Much has been written about prisoner research and the controversies surrounding prisoners as human subjects. The Institute of Medicine recently released a report addressing some of these issues. This report, which generated further controversy, needs to be fully discussed in the literature and certain aspects are examined in this work. Further, in the body of literature there has been little acknowledgement of the concept of the right of prisoners to be involved in research. This needs to be pursued from an (...) ethical perspective and eventually a legal one. This paper explores that concept and documents some facilities in which a prisoner's right to research has occurred. (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)

Columbia University Press's multivolume _Prison Notebooks_ is the only complete critical edition of Antonio Gramsci's seminal writings in English. Based on the authoritative Italian edition of Gramsci's work, _Quaderni del Carcere_, this comprehensive translation presents the intellectual as he ought to be read and understood, with critical notes that clarify Gramsci's history, culture, and sources; an index of names; and a contextualization of the thinker's ideas against his earlier writings and letters. This set includes notebooks 1 through 8 with all (...) attendant notes and materials and is an indispensible resource for scholars in the humanities and social sciences. (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)

The United States carceral system, as currently designed and implemented, is widely considered to be an immoral and inhumane system of criminal punishment. There are a number of pressing issues related to this topic, but in this essay, I will focus upon the problem of prison violence. Inadequate supervision has resulted in unsafe prison conditions where inmates are regularly threatened with rape, assault, and other forms of physical violence. Such callous disregard and exposure to unreasonable risk constitutes a (...) severe violation of the rights of prisoners by the state. While there have been numerous legal, political, and activist efforts to draw attention to this issue—with the goal of reforming and making prisons safer—my goal is different. I argue that inmates who are victims of prison violence should have their sentences automatically reduced. Two distinct arguments are advanced in support of this claim. First, I argue that acts of prison violence are a sort of state-mediated harm which can thus be appropriately described as punishment-constituting. Second, and more straightforwardly, I argue that the compensation owed to prisoners who are victims of prison violence may naturally take the form of a reduced sentence. (shrink)

Rising numbers of ageing prisoners and goals on implementing equivalent health care in prison raise issues surrounding end-of-life care for prisoners. The paucity of research on this topic in Europe means that the needs of older prisoners contemplating death in prison have not been established. To investigate elderly prisoners’ attitudes towards death and dying, 35 qualitative interviews with inmates aged 51 to 71 years were conducted in 12 Swiss prisons. About half of the prisoners reported having thought about (...) dying in prison, with some mentioning it in relation with suicidal thoughts and others to disease and old age. Themes identified during data analysis included general thoughts about death and dying, accounts of other prisoners’ deaths, availability of end-of-life services, contact with social relations, and wishes to die outside of prison. Study findings are discussed using Allmark’s concept of “death without indignities,” bringing forth two ethical issues: fostering autonomy and removing barriers. Attributing the identified themes to these two ethical actions clarifies the current needs of ageing prisoners in Switzerland and could be a first step towards the implementation of end-of-life services in correctional systems. (shrink)

This chapter examines the death of prisoners from illness in prison. It brings together first-person accounts and other research on the experiences of aging, being ill, and dying in prison, with and without formal hospice care, and the experiences of those working in hospice, caring for other prisoners at end of life. It considers these accounts, emphasizing Butler's analysis of livability and asking the question: what makes life, death, and grief in prison livable? It argues that adequately (...) considering the complexity of prison hospice programs means attending not just to how, where, and with whom prisoners are dying but also to who is most likely to be imprisoned, how their relationships are likely to be constrained, and how their lives and deaths are most likely to be perceived. Formal and informal hospice programs are important not only for the way prisoners provide basic care to each other within them but for the way they also allow for recognizing and mourning those who die in prison, as significant, remembered, and grievable. (shrink)

Experiments in which subjects play simultaneously several finite two-person prisoner's dilemma supergames with and without an outside option reveal that: an attractive outside option enhances cooperation in the prisoner's dilemma game, if the payoff for mutual defection is negative, subjects' tendency to avoid losses leads them to cooperate; while this tendency makes them stick to mutual defection if its payoff is positive, subjects use probabilistic start and endeffect behavior.

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)

. “Normal” Prisons in an “abnormal” society? A comparative perspective on South African prison law and practice. Criminal Justice Ethics: Vol. 6, No. 2, pp. 37-51. doi: 10.1080/0731129X.1987.9991816.

Background: Prisons are contexts where nurses are required to have specific skills to ensure that, in a setting designed for the expiation of crime, prisoners receive the same type of care as anyone else. But this is not always the case, giving rise to ethical issues. Research questions: ‘How do correctional nurses describe their working experience in prisons? What issues emerged?’ Methodology: This is a qualitative descriptive study. Following purposive sampling, we conducted five focus groups. Thematic analysis was used to (...) analyse the data. Participants and research context: Our sample included 31 correctional nurses in seven prisons in Northern Italy. Ethical considerations: The scientific merit of this study was recognized by the Academic Board of the University of Genoa. Approval to conduct the study was obtained from the Liguria Regional Government that funded this study and from the Local Health Authority that was the prison nurses’ employer. Formal consent was obtained from all the nurses who volunteered to participate in this study. Findings: Five themes emerged from the focus groups: (1) prisoners’ healthcare needs, (2) negotiation between custody and care, (3) satisfaction of working in prisons, (4) obstacles to quality care and (5) safety. ‘Manipulation’ was a transversal theme that emerged from all the focus groups. Discussion: The problems generated by the clash between prison security and nursing care priorities did not enable nurses to practice autonomously and provide the best possible to care prisoners, giving rise to ethical issues and moral distress. This in turn causes high nursing turnover rates that negatively impact continuum of care. Conclusion: In Italy, correctional nurses urgently require specific education interventions with the participation of all those who work in prisons. Interventions based on the post-modern concept of restorative nursing could offer prison nurses the opportunity to both resolve ethical issues and reduce moral distress. (shrink)

The paper explores the effects of social disablement caused by imprisonment, analyzing how this institution can exacerbate existing disability conditions or create new ones. Through a review of sociological literature, it highlights how the prison context can significantly contribute to an additional level of disablement. Considering the incapacitating effects of imprisonment, it emerges that the prison system acts as a “producer” of social disablement, intensifying marginalization processes and increasing societal disparities. This process is fueled by prison overcrowding, (...) loss of employment and housing, suspension of social assistance, and the breakdown of family ties, creating a vicious cycle that generates and reinforces social disablement. The article underscores the need for greater attention and research in the field of disability within the prison environment, considering the dynamic interaction between individual conditions and contextual factors that influence it. Furthermore, it calls for a critical reflection on the social function and practices of prison institutions, proposing a more inclusive approach that reconsiders penal structures and policies to mitigate the disabling effects of detention. (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)

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)

David Lewis has argued that we can gain helpful insight to the Prisoners' Dilemmas that we face from the fact that Newcomb's Problems are easy to solve, and the fact that Prisoners' Dilemmas are nothing other than two Newcomb Problems side by side. The present paper shows that the Prisoners' Dilemmas that we face are significantly different from Newcomb Problems in that the former are iterated while the latter are not. Thus Lewis's hope that we can get insight into the (...) former from the latter is illusory. (shrink)

(1992). The prisoner's dilemma and educational provision: A reply to Ruth Jonathan. British Journal of Educational Studies: Vol. 40, No. 2, pp. 118-133.

Over the last decade, several European countries and the Council of Europe itself have strongly supported the use of advance directives as a means of protecting patients’ autonomy, and adopted specific norms to regulate this matter. However, it remains unclear under which conditions those regulations should apply to people who are placed in correctional settings. The issue is becoming more significant due to the increasing numbers of inmates of old age or at risk of suffering from mental disorders, all of (...) whom might benefit from using advance directives. At the same time, the closed nature of prisons and the disparate power relationships that characterise them mean that great caution must be exercised to prevent care being withdrawn or withheld from inmates who actually want to receive it. This paper explores the issue of prisoners’ advance directives in the European context, starting with the position enshrined in international and European law that prisoners retain all their human rights, except the right to liberty, and are therefore entitled to self-determination regarding health care decisions. (shrink)

The value of and the need for rich data for criminal justice research is increasingly apparent, especially following recent restrictions on primary data collection due to COVID-19. Whilst the benefits of using administrative data for research are well established, less understood are the perspectives of data contributors and their expectations for the ethical governance and use of these data. This study describes the findings from a preliminary study comprising four focus groups with a total of seventeen adult males serving sentences (...) in a Category A prison in England. Participants were asked to offer opinions about the possibility of making survey data collected from them as part of the prison inspection process more widely accessible, beyond the organizational priorities for which it was initially collected. Generally, participants were content for survey data to be shared with recipients who intended to use the data to bring about change within prisons; this aligns with the purpose for data collection. Participants were opposed to data being made accessible to recipients who might produce spurious findings. We discuss implications for the future accessibility of a vast wealth of prisoner survey data in England and Wales and highlight the importance of consultation with incarcerated persons on this subject. (shrink)

This chapter will discuss ethical issues connected with neuroscientific research on prisoners, focusing specifically on whether participating in such research should always be disregarded when making decisions about early release from prison. It was once routine in some jurisdictions for a prisoner’s participation in medical research to count as “good behaviour”, which could be given weight in decisions about early release. However, medical ethicists now widely regard this practice as ethically problematic, because prisoners might feel pressurised to participate in (...) medical research programmes by the desire to escape a coercive and harsh prison environment, and thus their agreement to take part in the programme might not satisfy the freedom requirement for valid consent. Yet, there may be a tension between traditional medical ethics and theories of punishment (a tension which also arises in other contexts at the interface between medicine and punishment). From the perspective of retributive or communication/reform-based theories of punishment, it might seem unfair for parole boards to disregard willingness to participate in medical research, if the prisoner were motivated by altruistic considerations. This altruism might indicate that the prisoner “deserves” a shorter sentence or may be a sign that the prisoner has reformed. This chapter will consider whether/how this tension between traditional medical ethics and penal theories can be resolved. For example, if the medical research involves relatively safe interventions such as fish oil pills or transcranial direct current stimulation (tDCS), then the above-mentioned worries about prisoners’ ability to provide free consent may be less pressing than if the risks of side-effects were greater. Furthermore, the validity of consent also seems to depend partly on whether the prison conditions are humane or excessively harsh. In addition, problems also arise in this context from within penal theories. Ironically, transparency about what factors will be taken into account in decisions about early release, which would presumably be encouraged by communication/reform theories, could raise the possibility that the prisoner was motivated to participate in the research programme by a desire for early release rather than altruism, thus making it harder to determine whether participation is a genuine sign of reform. (shrink)

As these opening quotes acknowledge, the Prisoner’s Dilemma (PD) represents a core puzzle within the formal mathematics of game theory.3 Its rise in conspicuity is evident figure 2.1 above demonstrating a relatively steady rise in incidences of the phrase’s usage between 1960 to 1995, with a stable presence persisting into the twenty first century. This famous two-person “game,” with a stock narrative cast in terms of two prisoners who each independently must choose whether to remain silent or speak, each advancing (...) self-interest at the expense of the other and thereby achieving a mutually suboptimal outcome, mires any social interaction it is applied to into perplexity. The logic of this game proves the inverse of Adam Smith’s invisible hand: individuals acting on self interest will achieve a mutually suboptimal outcome. However, as this chapter illuminates, the assumptions underlying game theory drive this conclusion. (shrink)

Several philosophers have discussed informal versions of a "symmetry argument" that seems to show that two rational maximizers will cooperate when they are in a prisoner's dilemma. I present a more precise version of that argument and I argue that it is valid only if some crucial statements are misinterpreted as material conditionals instead of being interpreted correctly as subjunctive conditionals.

In the following ethnography of the California Coalition of Women Prisoners (CCWP), who exist at the forefront of feminist prison activism, I address canonical feminist debates focused on the relationship between subjectivity, experience, knowledge, and power by closely following an explicit attempt at political reform by and for women. I argue that feminist prison activists' attempts to reform the American prison system reveal why feminist theorists must remain committed to a specific, contextual, and localized analysis of the (...) prospects for political empowerment. (shrink)

The position I defend in this paper is that both prisoners and ex-prisoners, at least within present U.S. society, experience a form of oppression that can be distinguished from that inflicted upon other structurally disadvantaged groups. As a result of these U.S. conditions, I also argue that those who have not been or are not currently incarcerated may possess some unearned advantages, similar to but also different from other forms of privilege, such as those based upon race, class, gender, sexuality, (...) and ability. In the first section, I investigate three definitions of oppression to articulate my thesis of prisoner oppression, using the work of Marilyn Frye, Kenneth Clatterbaugh, and Ann E. Cudd. In the second section, I respond to three objections against my thesis. I conclude in the third section with some thoughts on how the preceding arguments should affect the dominant discourse regarding prison reform and abolition. (shrink)

The Republic of the Ukraine has a huge prison population and a large prison health care system. Like all other public services in that country it is lacking in sufficient funds to operate adequately and with due respect to the human rights of the prisoners and its health care employees. This report and observations are based on my knowledge of the Ukrainian health care system and a visit to a Ukrainian prison hospital. It includes some ethical reflections (...) stemming from this experience. Although problem-solving exercises can often help to point to areas of potential intervention that could ameliorate a troublesome situation, in this case prison health care conditions cannot be substituted for economic growth, political stability or increased awareness of societal moral obligations. (shrink)

The United States prison system, the largest in the world, operates through both exploitative and rehabilitative modes of discipline. To gain political and public support for the extensive resources expended housing, feeding, and controlling its incarcerated population, the carceral state strategically emphasizes a mix of each mode. Agriculture in prisons is particularly illustrative. With roots in racial capitalism and the carceral state’s criminalization of poverty, plantation convict leasing system, work reform efforts, and punitive and welfarist carceral logics, prison (...) agriculture embodies explicit forms of exploitation and claims of rehabilitation. Accordingly, this article contextualizes and explains results from a nationwide study of state prisons within our framework of the disciplinary matrix. At least 662 adult state prisons have agricultural activities, including an array of animal, food, and plant production. We find that the drivers of these activities are financial, idleness reduction, reparative, and training. Our disciplinary matrix framework departs from conventional assignments of a particular activity to one disciplinary mode or the other and recognizes that any activity may be driven by different prison needs or philosophies. We investigate how different combinations of agricultural activities and drivers rely on discourses of deservingness to naturalize and reproduce structures of racialized, classed, and gendered control inside and outside prison, as well as the legitimacy of the prison system itself. (shrink)

The use of prisoners as research participants is controversial. Efforts to protect them in response to past exploitation and abuse have led to strict regulations and reluctance to involve them as participants. Hence, prisoners are routinely denied the opportunity to participate in research. In the absence of comprehensive information regarding prisoners’ current involvement in research, we examined UK prisoners’ involvement through review of research applications to the UK National Research Ethics Service. We found that prisoners have extremely limited access to (...) research participation. This analysis was augmented by a survey of those involved in research and research governance (UK researchers and Research Ethics Committee members). Our results suggest that pragmatic concerns regarding the perceived burden of including prisoners are far more prominent in motivating their exclusion than ethical concerns or knowledge of regulations. While prisoners may remain a vulnerable research population due to constraints upon their liberty and autonomy and the coercive nature of the prison environment, routine exclusion from participation may be disadvantageous. Rigorous ethical oversight and the shift in the prevailing attitude towards the risks and benefits of participation suggest that it may be time for research to be more accessible to prisoners in line with the principle of equivalence in prison healthcare. We suggest the necessary first step in this process is a re-examination of current guidance in the UK and other countries with exclusions. (shrink)

The standard, non‐repeated prisoner's dilemma poses no true dilemma about rationality, we argue. What the prisoners ought rationally to do, unless they are selfless, depends on the relationship of trust that they have or lack with one another. This helps to diffuse the apparent conflict between individual and collective rationality. If the prisoners have reason to trust one another, pursuing a joint strategy would be rational for them. In the absence of trust, pursuing an individual strategy would be rational. The (...) solution that is supposed to be puzzling – because each prisoner confessing is worse for both than the alternative on which both remain silent – is simply the rational solution for persons who have no reason to trust one another. Philosophers have been misled by the apparent availability of the better alternative. Collective rationality is not relevant for persons who do not stand in a trusting relationship. When they do, there is no unresolved conflict between their individual and collective points of view.1. (shrink)

The Roman philosopher Boethius is best known for the _Consolation of Philosophy_, one of the most frequently cited texts in medieval literature. In the _Consolation_, an unnamed Boethius sits in prison awaiting execution when his muse Philosophy appears to him. Her offer to teach him who he truly is and to lead him to his heavenly home becomes a debate about how to come to terms with evil, freedom, and providence. The conventional reading of the _Consolation_ is that it (...) is a defense of pagan philosophy; nevertheless, many readers who accept this basic argument find that the ending is ambiguous and that Philosophy has not, finally, given the prisoner the comfort she had promised. In _The Prisoner's Philosophy_, Joel C. Relihan delivers a genuinely new reading of the _Consolation_. He argues that it is a Christian work dramatizing not the truths of philosophy as a whole, but the limits of pagan philosophy in particular. He views it as one of a number of literary experiments of late antiquity, taking its place alongside Augustine's _Confessions_ and _Soliloquies_ as a spiritual meditation, as an attempt by Boethius to speak objectively about the life of the mind and its relation to God. Relihan discerns three fundamental stories intertwined in the _Consolation_: an ironic retelling of Plato's _Crito,_ an adaptation of Lucian's _Jupiter Confutatus,_ and a sober reduction of _Job_ to a quiet dialogue in which the wounded innocent ultimately learns wisdom in silence. Relihan's claim that Boethius's text was written as a Menippean satire does not rest merely on identifying a mixture of disparate literary influences on the text, or on the combination of verse and prose or of fantasy and morality. More important, Relihan argues, Boethius deliberately dramatizes the act of writing about systematic knowledge in a way that calls into question the value of that knowledge. Philosophy's attempt to lead an exile to God's heaven is rejected; the exile comes to accept the value of the phenomenal world, and theology replaces philosophy to explain the place of human beings in the order of the world. Boethius Christianizes the genre of Menippean satire, and his _Consolation_ is a work about humility and prayer. _“Acknowledging that the _Consolation of Philosophy_ is ‘over-familiar and under-read,’ Joel Relihan puts to the side old bromides about the work and instead pays careful attention to the narrative Boethius constructs, grounding his readings in the contexts the work cultivates, especially its Menippean elements. The result is perhaps the first satisfying reading of the _Consolation_ to be produced, a satisfaction felt also in the ways Relihan mirrors Boethius himself in the thoroughness of his scholarship and the elegance of his exposition. No one who studies Boethius will be able to ignore this book.“ — Joseph Pucci, Brown University _ "Anyone who has been fascinated, intrigued, or perhaps puzzled by the meaning, structure, or argument of Boethius's _Consolation of Philosophy_ will find Joel Relihan's new book a welcome addition to the study of this core text of the early medieval world whose influence extends to the present time. Relihan's study is a tour de force that belongs in the library of all those who appreciate Boethius's depth and subtlety. Fortune's wheel has indeed turned in the favor of those who wish to explore with Relihan the intricacies and brilliance of the _Consolation_." —_Fr. John Fortin, O.S.B., Saint Anselm College _. (shrink)

The "Prisoner's Dilemma" game has been extensively discussed in both the public and academic press. Thousands of articles and many books have been written about this disturbing game and its apparent representation of many problems of society. The origin of the game is attributed to Merrill Flood and Melvin Dresher. I quote from the Stanford Encyclopedia of Philosophy: Puzzles with this structure were devised and discussed by Merrill Flood and Melvin Dresher in 1950, as part of the Rand CorporationÂ’s investigations (...) into game theory (which Rand pursued because of possible applications to global nuclear strategy). The title "prisonerÂ’s dilemma" and the version with prison sentences as payoffs are due to Albert Tucker, who wanted to make Flood and DresherÂ’s ideas more accessible to an audience of Stanford psychologists. The Prisoner's Dilemma is a short parable about two prisoners who are individually offered a chance to rat on each other for which the "ratter" would receive a lighter sentence and the "rattee" would receive a harsher sentence. The problem results from the fact that both can play this game -- that is, defect -- and if both do, then both do worse than they would had they both kept silent. This peculiar parable serves as a model of cooperation between two or more individuals (or corporations or countries) in ordinary life in that in many cases each individual would be personally better off not cooperating (defecting) on the other. (shrink)

The deceptive strangeness of prescience in Dune is typical of Herbert's ideas. The ancient Babylonians were able to systematically predict astronomical events, but contemporary astrophysicists can forecast distant events beyond the Babylonians’ wildest dreams. Herbert describes the prescience of characters like Paul as a hyperawareness of possibilities and probabilities given certain choices, rather than being able to examine a fixed future. Common sense suggests that prescience should help us live together better. The Prisoner's Dilemma can be interpreted in different ways, (...) but the basic logic is always the same. The Prisoner's Dilemma is an imaginary interaction between “prisoners,” but it actually might make more sense with prescient characters from the Duniverse. Stuart Hampshire argued that self‐knowledge tends to have the opposite effect – that it makes us freer. Prescience is a vastly expanded understanding of possible and probable consequences given information and choices, not the observation of a fixed future. (shrink)

David Gauthier in his article, Maximization constrained: the rationality of cooperation, tries to defend of the joint strategy in situations which no outcome is both equilibrium and optimal. Prisoner’s Dilemma is the most familiar example of these situations. He first starts with some quotes by Hobbes in Leviathan; Hobbes, in chapter 15 discusses an objection by someone is called Foole, and then will reject his view. In response to Foole, Hobbes presents two strategies (i.e. joint and individual) and two kinds (...) of agents in such problems including Prisoner’s Dilemma – i.e. straightforward maximizer (SM) and constrained maximizer(CM). Then he considers two arguments respectively for SM and CM, and he will show that why in an ideal and transparent situation, the first argument fails and the second one would be the only valid argument. likewise, in the following part of his article, he considers more realistic situations with translucency and he concludes that under some conditions, joint strategy would be still the rational decision. (shrink)

As levels of trust decrease and the necessity for trust increase in our society, we are increasingly driven toward the untoward, even disastrous, outcomes of the prisoner's dilemma. Yet despite the growing evidence that (re)building conditions of trust is increasingly mandatory in our era, modern moral philosophy (by default) and the social sciences (implicitly) legitimize an instrumental rationality which is the root problem. The greatest danger is that as conditions of trust are rationalized away through the progressive institutionalization of an (...) instrumental rationality, we are driven towards the most virulent form of the prisoner's paradox — ethical relativism and its nihilistic consequences. (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.

The present article focuses on the case of the 2012 hunger-strike of Palestinian prisoners in Israeli jails. We analyze the ethical dilemma involved in the way the Israeli medical community reacted to these hunger-strikes and the question of force feeding within the context of the fundamental dual-loyalty structure inherent in the Israeli Prison Services—system. We argue that the liberal perspective that focuses the discussion on the dilemma between the principle of individual autonomy and the sanctity of life tends to (...) be oblivious to the asymmetrical relation of power that characterizes the prison system and to the socio-political context in which hunger-strikes take place. Emphasizing hunger-strikes as political acts implies that health practitioners’ conducts cannot be analyzed only through the prism of clinical medical ethics. It requires a public health ethics’ approach, an approach that understands health in the context of the complex relationship between society, state, organizations, communities and individuals. The authors are both academics and volunteers in Physicians for Human Rights—Israel thus our analysis is based both on sociological and public health ethics principles and on the continuous work and advocacy for the right to health of prisoners. (shrink)

Criminologists have long acknowledged the link between a number of cognitive deficits, including low intelligence and impulsivity, and crime. A new wave of research has demonstrated that pharmacological intervention can restore or improve cognitive function, particularly executive function, and restore neural plasticity. Such restoration and improvement can allow for easier acquisition of new skills and as a result, presents significant possibilities for the criminal justice system. For example, studies have shown that supplements of Omega-3, a fatty acid commonly found in (...) food such as tuna, can decrease frequency of violent incidents in an incarcerated population. Research has also begun to explore the use of selective serotonin reuptake inhibitors to reduce impulsivity in some violent offenders. However, there are significant legal and ethical implications when moving from dietary supplements to prescription pharmaceuticals and medical devices for cognitive intervention. This paper will explore the legal and ethical issues surrounding the use of pharmacological intervention on prisoners as an effort to reduce crime and recidivism. (shrink)

This report examines the issue of restraining prisoners undergoing medical treatment from several angles: Cases illustrating the situation regarding shackling since Physicians for Human Rights-Israel's establishment; the issues and ramification raised by this phenomenon, both in terms of human rights and medical ethics, as well as from the governmental point of view, and the PHR-Israel point of view.

Schools of economic ethics inspired by Buchanan propose viewing ethical conflicts as prisoners’ dilemmas to facilitate solutions based on Pareto-improving institutional changes. Given that healthcare is determined by complex institutional arrangements, it has been claimed that this approach is also suitable for business ethics in healthcare. To scrutinize this claim, this research systematically searched for studies reporting PD structures in healthcare. PubMed, EconLit, and EconBiz were searched to find articles in German and English. Study type, characteristics of the game, and (...) the proposed means to overcome the dilemma were extracted and analyzed for aspects supporting or challenging the claim. Across 53 studies, 68 descriptions of various dilemmas in healthcare and public health were identified. Many authors successfully developed proposals for institutional change to overcome these dilemmas. However, many of these analyses exhibited limitations such as oversimplifications or inconsistencies. Also, the quality of evidence on both the characteristics of dilemmas and the effectiveness of proposed solutions was very poor. The subsamples of studies that explicitly cited the ethical approach were disjunct from those that applied empirical methods to analyze the dilemmas. The large number of identified PDs indicates that economic ethics is relevant to healthcare. However, there is a need for further evidence to substantiate both the descriptive and prescriptive claims of this ethical theory. It should thus be seen as a complement that needs justification, rather than a substitute superior to other ethical frameworks. (shrink)

Moral agential neuroenhancement can transform us into better people. However, critics of MB raise four central objections to MANEs use: It destroys moral freedom; it kills one moral agent and replaces them with another, better agent; it carries significant risk of infection and illness; it benefits society but not the enhanced person; and it’s wrong to experiment on nonconsenting persons. Herein, I defend MANE’s use for prisoners of war fighting unjustly. First, the permissibility of killing unjust combatants entails that, in (...) cases where MANE is equally or more likely as termination to reduce moral recidivism in unjust combatants, then MANE is morally justified. Second, the relevant infections and illnesses caused by MANE are less bad than death, so MANE leaves unjust POWs better off than the alternative. Third, just as incarceration is often permissible despite benefitting society but not the incarcerated, the same holds for unjust POWs. Fourth, we should accept a broader construal of “benefit” that includes moral benefits. Thus, 3 and 4 are false when applied to unjust POWs. Fifth, medical experimentation likely to help nonconsenting persons is sometimes permissible. Because MANE is likely to help unjust POWs irrespective of their consent or lack thereof, its use is permissible. Sixth, basic principles of proper medical care support the use of MANE on unjust POWs as pro tanto morally obligatory. I conclude that militaries should therefore begin to employ MANE for unjust POWs. (shrink)

In a time when controlling the spread of the virus in the United States requires drastic measures to limit the number of people coming in and out of intensive care units (ICU), the presence of prison guards is not justified. Transfers from American prisons to hospitals have increased dramatically during the pandemic and with each prison patient comes a cohort of prison guards. The theoretical benefits of having prison guards–such as preventing escape, protecting staff, and stopping (...) unwanted visitation–are minimal: critically ill prisoners are chained to their bed and pose minimal threat to the staff or flight risk. Unwanted visitation is already heavily regulated by the hospital. The risks of having more people in the ICU are significant during the pandemic: more potential exposures for staff, other patients, and the guards themselves. In order to limit the spread of the virus, the number of prison guards in the ICU should be limited. (shrink)

It is illegitimate to read any ontology about "race" off of biological theory or data. Indeed, the technical meaning of "genetic variation" is fluid, and there is no single theoretical agreed-upon criterion for defining and distinguishing populations (or groups or clusters) given a particular set of genetic variation data. Thus, by analyzing three formal senses of "genetic variation"—diversity, differentiation, and heterozygosity—we argue that the use of biological theory for making epistemic claims about "race" can only seem plausible when it relies (...) on the user’s own assumptions about race; the move from biological measures to claims about “race” inevitably amounts to a pernicious reification. We also excavate assumptions in the history of the technical discourse over the concept of "race" (e.g., Livingstone's and Dobzhansky's 1962 exchange, Edwards' 2003 response to Lewontin 1972, as well as contemporary discussions of cladistic "race", and "races" as clusters). We show that claims about the existence (or non-existence) of "race" are underdetermined by biological facts, methods, and theories. Biological theory does not force the concept of "race" upon us; our social discourse, social ontology, and social expectations do. We become prisoners of our abstractions at our own hands, and at our own expense. (shrink)

Active and targeted reforms at the local and state levels have had success reducing youth incarceration rates. While most agree the work is not done, reform of the youth incarceration system has had important successes. At the same time, activists and advocates have increasingly rejected the goal of reforming youth prisons in favor of abolishing them. I outline some objections to prominent abolitionist arguments. Specifically, I show why arguments that focus on the racist historical origins of the incarceration system, structural (...) injustices within that system, or the inefficiency or harms of the current system justify reform of youth imprisonment practices, not complete elimination of them. By advancing these critiques, I do not claim to show that the reformist perspective is superior to the abolitionist one. Instead, I aim to identify an argumentative burden that abolitionists must address if they are to give reformers good reason to become abolitionists. (shrink)