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 this essay, I offer a brief for “abolitionist genealogy” as a method and philosophical practice. By locating instances of this method within the work of prison abolitionists who are incarcerated or formerly incarcerated, I argue that such a method is already available to theorists and critical historians of the present if we are willing to attend to the absences and presences that constitute our academic communities. I ground my brief for abolitionist genealogy by centering the experiences of queer, (...) trans, gender-nonconforming, and intersex incarcerated people as exemplary of how prisons and jails are fundamentally violent places which cannot, as McDonald puts it, be made safe. Lastly, I link these concerns to the broader question of queer and TGNCI visibility politics in carceral institutions such as the jail/prison and the university. (shrink)

An incisive and sympathetic examination of the case for ending the practice of imprisonment Despite its omnipresence and long history, imprisonment is a deeply troubling practice. In the United States and elsewhere, prison conditions are inhumane, prisoners are treated without dignity, and sentences are extremely harsh. Mass incarceration and its devastating impact on black communities have been widely condemned as neoslavery or “the new Jim Crow.” Can the practice of imprisonment be reformed, or does justice require it to be (...) ended altogether? In The Idea of Prison Abolition, Tommie Shelby examines the abolitionist case against prisons and its formidable challenge to would-be prison reformers. Philosophers have long theorized punishment and its justifications, but they haven’t paid enough attention to incarceration or its related problems in societies structured by racial and economic injustice. Taking up this urgent topic, Shelby argues that prisons, once reformed and under the right circumstances, can be legitimate and effective tools of crime control. Yet he draws on insights from black radicals and leading prison abolitionists, especially Angela Davis, to argue that we should dramatically decrease imprisonment and think beyond bars when responding to the problem of crime. While a world without prisons might be utopian, The Idea of Prison Abolition makes the case that we can make meaningful progress toward this ideal by abolishing the structural injustices that too often lead to crime and its harmful consequences. (shrink)

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)

One of the most radical dimensions of Davis’s critique of American democracy is her exposure of the vestiges of slavery that remain in the contemporary criminal justice system. I discuss this aspect of her critical project, its roots in Du Bois’s critique of Black Reconstruction, and the way that it informs her prison abolitionism and her two-pronged program for the formation of a genuine “abolition democracy.” I conclude by reflecting upon Davis’s reticence about abolition as a constructive enterprise (...) and assessing some of the challenges faced by the contemporary abolitionist movement. (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)

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 texts of Walid Daka, a Palestinian political prisoner incarcerated since 1986, challenge the notion that colonial power ends with decolonization and expose the shortcomings of examining colonial prisons solely through the eliminatory prism of death and deprivation. Studying Daka’s texts, the article presents how the Israeli carceral system has managed to utilize prisoners’ hopes and longings – in their relations with one another, their political actions such as hunger strikes or their building of internal leadership hierarchies, and their affective (...) worlds – to further its own goals. Rather than a pessimistic account, this article critically analyzes Daka’s writings to demonstrate how a first-person study of carceral subjectification can unfold within an activist framework. Daka uses these observations to develop an alternative articulation of decolonization that I term ‘abolitionist decolonization’ as a collective and continued insistence on setting the terms of getting free. By ‘abolitionist decolonization,’ I conjure a difficult conversation between a Fanonian project of never-ending decolonization and a Foucauldian project of never-ending abolition. As such, this critical attitude aims to counter settler-colonial carcerality in ways that will foil the administration’s attempts to reproduce the dangers that the prisoners seek to elude, through the very means they deploy to elude them. (shrink)

Abolitionist theory combines both ideas and struggle into a vision for a better world. This review of Tommie Shelby’s book “The Idea of Prison Abolition” argues that Shelby’s critique of prison abolition separates out philosophical ideas from those born of struggle, and by doing so, necessarily sells the idea of prison abolition short. Using two examples of abolitionist on-the-ground practices connected to the work of Angela Davis--community bail funds and collective defense campaigns--this review argues that the collective (...) work of experimenting with and prefiguring a world without prisons is part of what gives prison abolition its moral and empirical content. (shrink)

More women are currently incarcerated than at any other time in US history. Though the United States has begun to acknowledge mass incarceration as an international embarrassment, the discourse has centered on men of color, and the experiences and consequences of US mass incarceration for women of color have been largely ignored. This is the case in spite of a now strong mainstream, institutionalized movement to end violence against women, and a growing prison reform movement ostensibly meant to help (...) vulnerable women. This paper uses the method of immanent critique to explain why women of color have been left behind by reform strategies, and to make a normative argument for abolitionist strategies. I use Beth E. Richie’s analysis of the failure of the feminist anti-violence movement to protect poor women of color, to expose the contradictory circumstance that turns “public safety” and “anti-violence” against the women they claim to protect, and to argue that reform is not enough. (shrink)

Contesting Carceral Logic provides an innovative and cutting-edge analysis of how carceral logic is embedded within contemporary society, emphasizing international perspectives, the harms and critiques of using carceral logic to respond to human wrongdoing, and exploring penal abolition thought. With chapters from scholars across many disciplines, people in prison, as well as penal abolition activists, the book explores what a future without carceral logic would look like, as well as how such a future is to be developed. The book (...) is also an exploration of penal abolition thought as it is developing in the twenty-first century. Diverse geographical, cultural, identity and experiential frames inform the book's themes of analysing carceral logic as it harms disparate people in disparate places, creating anti-carceral knowledge, exploring case studies pointing to radical alternatives, and to contesting carceral logic from below. Ultimately, Contesting Carceral Logic provides the reader with an alternative and critical perspective from which to reflect on carceral logic, the punitive state and the criminalizing systems that almost exclusively dominate across the world. Finally, it raises the questions of how we are to build communities as well as transform our response to human wrongdoing in ways that are not defined by racism/ethnocentrism, class war and heteropatriarchy. Contesting Carceral Logic will be of great interest to not only scholars and activists, but also provides an introduction to key carceral issues and debates for students of penology, criminology, social policy, geography, politics, philosophy, social work and social history programmes in countries all around the world. (shrink)

The Black antislavery theorist Quobna Ottobah Cugoano (c.1757–c.1791) is increasingly recognized as a noteworthy figure in the history of philosophy. Born in present-day Ghana, Cugoano was enslaved at the age of 13 and shipped to Grenada, before being taken onwards to England, where the 1772 Somerset court ruling in effect freed him. His Thoughts and Sentiments on the Evil of Slavery [1787/1791] broke new ground by demanding the immediate end of the slave-trade and of slavery itself, without any compensation to (...) slaveholders. Notwithstanding this, Cugoano endorsed the legitimacy of penal enslavement on principled grounds – like many other abolitionists writing in late eighteenth-century Britain. “Every free community might keep slaves, or criminal prisoners in bondage” – and even sell them. Amidst the growing literature exploring Cugoano’s abolitionism, his paradoxical justification of penal slavery has bewildered commentators. Far from an offhand inconsistency, I argue that this justification is deeply embedded within his moral and legal philosophy; constraining his antislavery arguments while simultaneously serving retaliatory aims. His two-pronged principle of just punishment – the lex talionis (‘eye for an eye, bondage for bondage’) as tempered by mercy – sometimes demands penally enslaving colonial slaveholders and slave-traders in turn. Throughout, I compare Cugoano’s justification of penal enslavement with those of other early modern philosophers, especially Locke and Kant. This helps me position Cugoano within the history of philosophy, thus making his views more accessible to a wider philosophical audience. It also indicates just how deeply theories of punishment shaped philosophical thinking about penal bondage in the period. (shrink)

In recent years, critiques of “carceral feminism” have proliferated, objecting to feminist support for punitive policies against sexual and gendered violence that have contributed to mass incarceration. While the convergence of feminist and antiprison efforts is important, this essay argues that critiques of carceral feminism are limited insofar as they present a binary choice between the criminal legal system and informal community justice practices. First, this binary allows critics to overlook rather than engage feminist disagreements about the state and sexual (...) harm. Second, the narrow focus on alternative solutions to harm obscures the plural and contested nature of prison abolition, which may include efforts to seize the state and to problematize carceral logics. Drawing on Michel Foucault, alongside Angela Davis and other contemporary prison abolitionists, I suggest that feminist prison abolition is better served by envisioning a spectrum of decarceration. (shrink)

This symposium Article describes how prison abolitionist arguments also support the hypothesis that a defining goal of health law should be the abolition of hospitals. Like prison abolitionism, the hospital abolition hypothesis can provide a constructive way to shift the focus of legal analysis from substantive dimensions (in health law — cost, quality, access, and equity) to the dimension of power.

Most mainstream feminist anti-rape scholarship and activism may be described as carceral feminism, insofar as it fails to engage with critiques of the criminal punishment system and endorses law-and-order responses to sexual and gendered violence. Mainstream feminist anti-rape scholars and activists often view increased conviction rates and longer sentences as a political goal—or, at the very least, are willing to collaborate with police and lament cases where perpetrators of sexual violence are given “light” or non-custodial sentences. Prison abolitionists, on (...) the other hand, have tended to insist that most lawbreakers are non-violent and that the “dangerous” are “few”, thus avoiding serious engagement with the widespread phenomenon of sexual violence. Despite the prevalence of carceral feminism, to my knowledge no feminist scholar has explicitly embraced this label, and the closest I have found to a defense of carceral feminism is feminist legal scholar Lise Gotell’s “critique of the critique of carceral feminism”. For this reason, it is with Gotell’s article that I primarily engage in defending anti-carceral feminism and prison abolitionism even in the difficult case of sexual assault. (shrink)

In Disorientation and Moral Life, I consider disorientations as experiences of not knowing how to go on following serious life events and experiences like those involved in traumas, grief, illness, education, consciousness raising, and migration. I challenge a history of moral philosophy that I claim has been preoccupied by a focus on the best moral agents as those who are most decisive, wholehearted, and clear about how they ought to act. In this piece, I respond to three commentaries on Disorientation (...) and Moral Life. In particular, I offer reflections on how disorientations might be useful in contexts of disability studies, prison abolitionism, professional philosophy, anti-racist action, and political organizing. (shrink)

For more than a decade, activists, scholars, journalists, and politicians of various stripes have been discussing and decrying mass incarceration. This collection of voices has mostly focused on contingent features of the phenomenon. Critics mention racial disparities, poor prison conditions, and spiraling costs. Some critics have alleged broader problems: they have called for an end to all incarceration, even all punishment. Lost in this conversation is a focus on what is inherently wrong with mass incarceration specifically. This essay fills (...) that void and supplies an answer, drawing on the early modern English philosopher Thomas Hobbes. On the Hobbesian account developed here, mass incarceration is always wrong because it is always inconsistent with having a free society. (shrink)

Quite shortly after the Prisons Information Group (GIP) was formed, Michel Foucault delivered a public announcement in which he called for a generalized practice of “active intolerance” against a wide range of disciplinary institutions. Due to three consistent scholarly reductions of the GIP’s legacy, the sense of “active intolerance” remains nebulous at best. Cast, by turns, as merely the offshoot of Foucauldian theory, a point of prison data collection, or a short-lived social movement (forgetting its lengthy successor: the Prisoners (...) Action Committee), the GIP has been regularly interpreted as a relatively circumscribed intellectual enterprise. Against these three reductions, we develop an account of the GIP as an inherently collaborative abolitionist effort that was trained on subjugated knowledges. And this, in fact, is the work of active intolerance. (shrink)

In this Introduction, we offer, in the first section, a brief sketch of events before turning to track the profound innovations in militancy and theory that Le Group d'information sur les prisons (The Prisons Information Group, the GIP) and its work represent. In the second section, we explore the GIP’s prisoner-centered and largely prisoner-led structure, predicated on the recognition that prisoners have the political knowledge and political agency most relevant to prison resistance movements. In the third section, we trace (...) the GIP’s concomitant reconceptualization of the prison and the intellectual, both of which it embeds in a shared social field of which the former is symptomatic and to which the latter is beholden. In the fourth section, we develop the GIP’s anti-carceral, even abolitionist, legacies implicit within these innovations of militancy and theory, as well as across its archive more generally. Finally, in the fifth section, we close by sketching the GIP archive’s critical reception to date and then carve out new frontiers of interpretive debate in light of contemporary incarceration practices and developments in anti-carceral theory. (shrink)

The movements for prison and police abolition today are not only analogous to but extensions of antebellum and postbellum movements for the abolition of slavery and segregation. Dreams of transformative justice, resistance to government, and the creation of alternative practices have been vital to abolitionist efforts to dismantle various US anarchies. This essay examines the political and theological debates of antebellum abolitionists about the US government, the Constitution and law more broadly, civil disobedience, anarchy, and revolution, arguing that these (...) remain vital debates for abolitionists today. (shrink)

In The Idea of Prison Abolition, philosopher Tommie Shelby critically analyzes the case for prison abolition advanced by scholar-activists such as Angela Davis. Abolition is understood as the dismantling and permanent abandonment of incarceration as a method of responding to a social problem like crime. In Shelby's view, abolitionists do not successfully show that prisons must be abolished. Prisons for him retain a necessary and morally defensible function: preventing serious crime. In my commentary, I first suggest that Shelby (...) implicitly evaluates some of Davis's arguments on the terms of success of a scholar, not those of a scholar-activist, and does not consider an objection to his conclusions that scholar-activists are likely to raise. Second, I problematize the basis for Shelby's claim that punishment remains necessary to prevent the most serious crimes. (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)

This article uses the concept of a progressive jail assemblage to think about the focus on jails as both a target of social justice organizing and a tool for advancing social justice goals. Drawing on ethnographic research conducted among formerly incarcerated organizers and their allies in Western Massachusetts (New England), I explore how the sheriffs who operate jails in this region, along with their collaborators, have increasingly sought to redefine the figure of the criminal as not just a danger to (...) others but also a danger to themselves, someone in need of rehabilitative treatment and even care. In doing so, these sheriffs have attempted to reinvent their role, from the quintessentially American crime fighting figure, to one who is also a provider of care. Social justice activism has helped to expand the “caring” role of the jail, through increased addiction treatment, re-entry support, and community outreach – even to the extent of incarcerating individuals dealing with addiction who have not been charged with a crime. As progressive jails have been reconfigured as providers of care, abolitionists are confronted with the ongoing dilemma of how to remain a figure opposed to the use of prisons and jails without being seen as against care. (shrink)

In Walter Benjamin’s pivotal essay “Toward the Critique of Violence,” the state emerges as an originary site of violence, and the police figure as a key institution that makes possible both law-preserving and law-founding violence. I argue that Benjamin offers a unique and clarifying understanding of violence that can help make sense of twenty-first century calls for police and prison abolition. At the same time, Benjamin critiques several leftist attempts to combat state violence—such as the workplace strike and leftist (...) reformism—finding in them a reformulation of the very violence they seek to combat. I argue that many of these critiques could be equally levied at some manifestations of the contemporary abolitionist movement. This paper concludes by distilling some of Benjamin’s insights about the propensity to reflect the violence we attempt to contest into some lessons for contemporary activism and social movements. (shrink)

This paper addresses the uncanny resemblance between the educational industrial complex and the US carceral state. Both schools and prisons comprise carceral apparatuses that use policies, pedagogies, and practices to respond punitively to com­munal transgressions. Moreover, architectural designs and fiscal budgets further reveal symmetries that make learning communities unsafe and complicit with carceral systems. Black and Brown people are disproportionately caught in the frays of punitive disparities, targeted violence, and stereotypes of deviance that drastically impede social thriving. Ergo, this paper (...) responds to the inextricability of punishment that link classrooms to prisons by introducing an abolitionist theological ethic to create educational sanctuaries. (shrink)

What is the relationship between prisons designed to lock people in and suburban fortresses designed to lock people out? Building on Jonathan Simon’s account of “homeowner citizenship,” I argue that the gated community is the structural counterpart to the prison in a neoliberal carceral state. Levinas’s account of the ambiguity of dwelling—as shelter for our constitutive relationality, as a site of mastery or possessive isolation, and as the opening of hospitality—helps to articulate what is at stake in homeowner citizenship, (...) beyond the spectre of stranger danger: namely, my own capacity for murderous violence, and my investment in this violence through the occupation of territory and the accumulation of private property. Given the systemic nature of such investments, the meaning of hospitality in the carceral state is best expressed in abolitionist social movements like the Movement for Black Lives, which holds space for a radical restructuring of the world. (shrink)

Few issues bedevil criminology and criminal justice as much as free will versus determinism. It goes to the heart of the character of the people they deal with and how we should respond to them. People are held morally responsible for what they do only if we believe that they have the ability to make reasoned choices to act morally. Liberals tend to hold an external locus of control and are skeptical of free will, and conservatives tend to favor an (...) internal locus of control and embrace free will. This liberal-conservative divide reveals itself in the theories they favor as the best explanations of criminal behavior. Liberals favor explanations external to criminals such as an unfair economic system or criminal justice bias; conservatives tend to favor internal explanations such as low self-control or lack of empathy. In terms of responding to criminal behavior, there have been calls to abandon the idea of punishment and abolish prisons. Liberals may tend to view this as humanitarian while conservatives will tend to view them as incredibly naïve. The greater tendency of liberals to hold an external locus of control and their skepticism about free will lead them to view people's behavior as largely beyond their control, which accounts for their punishment abolitionist stance. The greater tendency of conservatives to believe in free will and an internal locus of control leads to a more punitive stance toward criminals. Many issues that divide liberals and conservatives in criminology-criminal justice may be traced to their beliefs about free will and determinism. (shrink)

In light of Ruth Wilson Gilmore’s call that abolition means to “change everything,” how might we understand an abolitionist literary method? An abolitionist literary method dials into the language of critiquing prisons. This essay contends that recent developments in U.S. discourse concerning prison reform and prison abolition rely on the distinction between metaphor and metonymy. As rhetorical tropes, metaphor and metonymy both operate by means of figurative language. Metaphor creates a parallel formation between terms, popular in prison (...) reformist language (i.e. “prison as labor,” “prison as slavery,” “schools as prisons,” or “black holes as prisons”), while metonymy demonstrates a network between materially related sites, persons, and objects (as in “flesh,” “black holes,” or “the Prison Industrial Complex”) more central to the rhetoric of prison abolition. Following Emily Apter’s critique of Fredric Jameson’s “carceral metaphors,” I demonstrate these distinctions between metaphor-reform and metonymy-abolition through textual analysis of a Black feminist archive by considering the work of Ruth Wilson Gilmore, Hortense Spillers, Saidiya Hartman, George Jackson, Evelynn Hammonds, and Assata Shakur. These different thinkers employ metonymy to illuminate theoretical possibilities for abolition through economics, flesh, motherhood, intimacy, sexuality, and physics over a period of thirty years. That being said, none of these writers define their work by the principal status given to metonymy, and this essay seeks to bring together their interventions through this rhetorical trope. I propose that abolition’s stretch through metonymy is central to an abolitionist literary method, provoking the animated reconsideration of language-use by scholars and activists. While not eliding metaphor entirely, this historical materialist work demonstrates that the careful elaboration of words and phrases becomes more robustly anti-carceral when one indexes where, how, and why metaphor and metonymy contract or extend imaginative political possibility. (shrink)

Gary Francione is an abolitionist: he maintains that we ought to abolish the institutions and practices that support the exploitation of animals. He also believes that veganism is the “moral baseline” — that is, he thinks it’s morally required of nearly everyone in the developed world, and many beyond it. Luis Cordeiro-Rodrigues claims that abolitionism is guilty of racism, albeit “racism without racists.” I contend that his arguments for this conclusion aren’t successful.

This book examines the origin, philosophy and achievements of abolitionism and reviews the literature on penal abolitionism from the 1960s to the 1980s.

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.

Bob Fischer has written a reply to my article ‘Animal Abolitionism and ‘Racism without Racists’’. In this article, Fischer contends that my arguments whereby animal abolitionism engages in acts of racism without racists are mistaken. I wish to reply to Fischer’s objections in this article, through four sets of contentions: Fischer’s arguments reveal some misunderstandings in terms of the concept of racism and, particularly, of ‘racism without racists’; his arguments also underestimate the burdens suffered by individuals who wish (...) to become vegan; Fischer’s views on infantilisation lead to counter-intuitive conclusions; and Fischer’s counter-argument against my neo-colonial critique of abolitionism misunderstands the points made in my previous article. (shrink)

The use of other animals for human purposes is as contentious an issue as one is likely to find in ethics. And this is so not only because there are both passionate defenders and opponents of such use, but also because even among the latter there are adamant and diametric differences about the bases of their opposition. In both disputes, the approach taken tends to be that of applied ethics, by which a position on the issue is derived from a (...) fundamental moral commitment. This commitment in turn depends on normative ethics, which investigates the various moral theories for the best fit to our moral intuitions. Thus it is that the use of animals in biomedical research is typically defended by appeal to a utilitarian theory, which legitimates harm to some for the greater good of others; while the opposition condemns that use either by appeal to the same theory, but disagreeing about the actual efficacy of animal experimentation, or by appeal to an alternative theory, such as the right of all sentient beings not to be exploited. Unfortunately, the normative issue seems likely never to be resolved, hence leaving the applied issue in limbo. The present essay seeks to circumvent this impasse by dispensing altogether with any moral claim or argument, thereby cutting the Gordian knot of animal ethics with a meta-ethical sword. The alternative schema defended is simply to advance relevant considerations, whereupon “there is nothing left but to feel.” In a word, motivation replaces justification. (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.

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 recent trend toward privately owned and operated prisons calls attention to a variety of issues involving human rights. The growing number of corporatized correctional institutions is especially notable in the United States, but it is also a global phenomenon in many countries. The reasons cited for privatizing prisons are usually economic; the opportunity to outsource prison services enables local political leaders to save tax revenue, and local communities are promised a chance to create new jobs and bring in (...) a new industry. This article will address the history of prisons and the recent trend toward privatizing prisons and the perception of prisons as a for-profit enterprise. This new economic order brings with it a set of human rights concerns, including the relationship of for-profit prisons to increased numbers of incarcerated persons and increased sentences, racism and classism. The contractual relationship between political leaders and prison corporations will be addressed, noting that conditions of liability frequently mean that prison administrations lack motivation to safeguard the human rights of prisoners. The human rights issues often extend outside of the private prison itself, having a negative effect on the local community. (shrink)

Lysander Spooner has become one of the most influential anarchist thinkers of the nineteenth century, but the details of his transition toward anarchism are unclear. This paper explores this question. I argue that although Spooner was a natural-rights Jeffersonian prior to the Civil War, it is clear he was not yet an anarchist. His writings on the constitutionality of slavery demonstrate the seeds of anarchism, but also show his willingness to effect change through the legislative process. After the Dred Scott (...) ruling, he became markedly more radical, but the American Civil War was the catalyst for his embrace of the anarchism for which he is known today. More specifically, I contend that Spooner’s 1864 letter to Charles Sumner is the first written expression of his anarchism, a position that was retroactively explained through his No Treason pamphlets. (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.

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)

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)

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)