NDLI: Mass Incarceration and the Theory of Punishment

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Mass Incarceration and the Theory of Punishment

Content Provider	Springer Nature Link
Author	Chiao, Vincent
Copyright Year	2015
Abstract	An influential strain in the literature on state punishment analyzes the permissibility of punishment in exclusively deontological terms, whether in terms of an individual’s rights, the state’s obligation to vindicate the law, or both. I argue that we should reject a deontological theory of punishment because it cannot explain what is unjust about mass incarceration, although mass incarceration is widely considered—including by proponents of deontological theories—to be unjust. The failure of deontological theories suggests a minimum criterion of adequacy for a theory of punishment: it must take aggregation sufficiently seriously that it returns plausible results when scaled up from individual cases to large public institutions. In this vein, I briefly sketch a prioritarian metric for evaluating the use of custodial sanctions as a means of creating and allocating social advantage.
Starting Page	431
Ending Page	452
Page Count	22
File Format	PDF
ISSN	18719791
Journal	Criminal Law and Philosophy
Volume Number	11
Issue Number	3
e-ISSN	18719805
Language	English
Publisher	Springer Netherlands
Publisher Date	2015-07-16
Publisher Place	Dordrecht
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Criminal justice Criminal law Punishment Incarceration Theories of Law, Philosophy of Law, Legal History Philosophy of Law Criminal Law Ethics
Content Type	Text
Resource Type	Article
Subject	Philosophy Law

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