In the last few months, many countries have seen the lifting of numerous Covid 19 restrictions. While the pandemic is far from over and some countries are still opting for strict lockdowns, as in the notable case of China, in most of Europe and the US it has entered a new phase in which much of what made up life before Covid has resumed, at least for most people. A progressive return to the life before is also taking place in prisons. The time is right to have a look back at the last two years to review what prisons looked like during the pandemic, and what that can tell us about this fraught institution.
Category: Punishment (Page 1 of 2)
Sha’Carri Richardson was suspended from the US Olympic team after testing positive for marijuana. This is ultimately because the World Anti-Doping Agency (WADA) decided to ban THC in-competition in all sports. THC (or tetrahydrocannabinol) is the main psychoactive component of cannabis/marijuana. WADA can prohibit athletes’ use of substances in order compete in the Olympics and other major sporting events such as those organized under the auspices of World Athletics. Richardson has apologized for her actions and US President Biden has commented on the case saying, ‘the rules are the rules’.
In this post, Cristián Irarrázaval Zaldívar and Ivó Coca-Vila discuss their recent article in Journal of Applied Philosophy on how to legitimate punishment in the context of varying forms of citizenship.
Ask yourself why an English court can legitimately punish an Indonesian who committed an offence in Japan but now lives in the UK, or a Spanish judge can punish a young Senegalese criminal offender who, after months crossing through Africa, enters Spain illegally and subsists in absolute hardship hidden from state authorities. Probably your answer would be something along the lines that punishment is necessary to prevent harm. Indeed, that is how most criminal law scholars respond. However, among contemporary authors, it is increasingly common to assert that the criminal law of a given state should be applicable only to those who, at the time of the commission of the offence, had some kind of political bond with it, namely, to those who belonged to the polity as “citizens”. In our recent article, we explain why the advantages of this approach outweigh the downsides, at least as long as we take seriously the fact that citizenship is not all-or-nothing, but comes in degrees.
In the past few months, a central topic of discussion in Italian public debate has been the Ddl Zan, a proposed bill to combat discrimination and violence on the grounds of sex, gender, gender identity, sexual orientation and disability. The bill does not create any new crimes but extends to these categories existing criminal legislation that currently covers discrimination and violence on the grounds of racial, ethnic and religious reasons as well as incitement to commit such acts. Such acts of discrimination and violence and their incitement can either be punished with a fine or a prison sentence to up to 4 years or, in case these actions already constitute a more serious crime, the penalty can be increased to up to double. The Ddl Zan also includes measures to support victims as well as broader initiatives to fight discrimination and inequalities, including the creation of a National Day against homophobia. Unsurprisingly, the bill has been the object of a heated debate. The LGBTQ+ movement and the majority of the feminist movement as well as other progressive forces are fighting for its approval, while conservatives argue that the bill endangers freedom of speech and imposes a supposedly divisive worldview. Setting this aside, I want to address another issue in connection to this bill, namely that of whether the criminal law should be regarded as the right instrument to fight discrimination and this kind of violence.
What is a good way to learn about political philosophy? Plausibly there is a variety of reasonable answers to this question, depending on what and why one wants to know about the subject, and it is some testament to this that there are excellent introductions that focus on the issues, concepts, and key thinkers in the field.
In our recent book – Introducing Political Philosophy: A Policy-Driven Approach – Will Abel, Elizabeth Kahn, Tom Parr, and I offer an approach that focuses on introducing the subject through the lens of public policy.
In this post, Saranga Sudarshan discusses their recent article in Journal of Applied Philosophy on the issue of irrevocability in arguing about capital punishment and euthanasia.
Working out our moral and political views on things is a messy business. Sometimes, when we think our arguments for why certain things are right or wrong, just or unjust are really persuasive we find they have no effect on others. Other times we realise that these arguments lead to moral and political judgements that make us question whether they were good arguments to begin with. Although it is often uncomfortable, when we live in a shared social world and we exert our authority to make coercive laws to govern ourselves and others it is helpful to take a step back and think about how some of our arguments work at their core. This sort of reflection is precisely what I do in a recently published article in relation to a particular argument against Capital Punishment.
Last year Nikolas Mattheis argued on this blog that climate school strikes are acts of civil disobedience (rather than truancy), that pupils are entitled to this form of protest and that they should not be punished. I agree. Acts of civil disobedience by Fridays for Future, Extinction Rebellion, Ende Gelände and similar movements cause substantial public dispute. However, a more radical and troubling question emerge from recent writings in political philosophy: Given the great injustice involved in climate change, are uncivil acts of resistance morally justified? In the following I will argue that most of them are not.
Philosophers spend a surprising amount of time thinking about punishment: about what counts as punishment, about what people should and should not be punished for, and about whether and why people should be punished at all. When they do so, they tend to make a lot of assumptions about the kinds of cases of punishment they are interested in: for example, that when the state punishes someone, it is typically because they have been convicted of a genuine crime at the end of a fair trial. One assumption that often gets made in these discussions is that the person being punished is a citizen of the state that is punishing them. But it’s important to realize that states often punish individuals who are not citizens. As I argue in a recent article, this matters, because some of the ways in which we might try to justify punishing citizens don’t seem to make very much sense when we apply them to non-citizens.
While Justice Everywhere takes a break over the summer, we recall some of the highlights from our 2019-2020 season. This post focuses on the launch of our collaboration with the Journal of Applied Philosophy.
In 2019-20, Justice Everywhere began a collaboration with the Journal of Applied Philosophy. The journal is a unique forum that publishes philosophical analysis of problems of practical concern, and several of its authors post accessible summaries of their work on Justice Everywhere. These posts draw on diverse theoretical viewpoints and bring them to bear on a broad spectrum of issues, ranging from the environment and immigration to economics, parenting, and punishment.
For a full list of these posts, visit the journal’s author page. For a flavour of the range, you might read:
- How environmental consultation processes can silence communities, by Dina Lupin Townsend and Leo Townsend.
- A special series on causation in war, with posts from Carolina Sartorio, Helen Beebee & Alex Kaiserman, and Lars Christie.
- On the role of care in punishments and prison, by Helen Brown Coverdale.
- About the problem with studying non-human primates in laboratories, by Parker Crutchfield.
- How values should feed into behavioural economics, by C. Tyler DesRoches.
- A special series on the role of biases in oppression and injustice, with posts Lacey Davidson & Daniel Kelly and Alex Madva.
- On epistemic injustices experienced by indigenous immigrant communities, by Amy Reed-Sandoval.
- About what is the right number of parents for a child, by Kalle Grill.
Stay tuned for even more from this collaboration in our 2020-21 season!
Justice Everywhere will return in full swing on 7th September with fresh weekly posts by our cooperative of regular authors. If you have a suggestion for a topic or would like to contribute a guest post on a topical subject in political philosophy (broadly construed), please feel free to get in touch with us at email@example.com.
Lawyers, criminologists and campaign groups increasingly call out the injustices of prison conditions. They are right to do so – we cannot and should not ignore brutalisation permitted and perpetrated by the state. But there’s more to prison life than violence. Although it may surprise you, care is present in prisons. In my article ‘Caring and the Prison in Philosophy, Policy and Practice: Under Lock and Key’, I argue that the ethics of care can enhance how we think about punishment. Care ethics can recognise and value caring in prisons, recognise and condemn both violence and inadequate caring, and help us improve criminal punishment by its own lights.