Author: Journal of Applied Philosophy

How much is too much? Why defining ‘mass incarceration’ is important – and isn’t as easy as it seems

In this post, Vincent Chiao, discusses his article recently published in the Journal of Applied Philosophy on how to understand the “mass” part of “mass incarceration.”

By Our World In Data. See English Wikipedia: Our World in Data. – https://ourworldindata.org/grapher/prison-population-rate. CC BY 4.0,

The United States incarcerates more people than any other country in the world. On a per capita basis, the United States incarcerates at a higher rate than any other democracy, with the possible exception of El Salvador. Yet at the same time, a disturbingly large share of crime is never reported much less punished. This raises the simple question: how do we know when a penal system incarcerates too many people? Even as “mass incarceration” has become a staple of both academic research and political discourse over the last decade, and even as renewed attention has been paid to glaring racial disparities, the question of scale – how much is too much – has remained surprisingly elusive.

Why defining excess is not as easy as it seems.

It is tempting to think that it is sufficient to point to the sheer scale of incarceration in the United States. Tempting—but wrong. Most crimes in the United States go unpunished, including “core” crimes of interpersonal violence. According to the National Crime Victimization Survey, a third of robberies, half of aggravated assaults, and the overwhelming majority of rapes and sexual assaults go unreported, much less punished. Strikingly, one advocacy group estimates that there are approximately 433,000 sexual assaults in the United States every year, and that ‘out of every 1000 sexual assaults, 975 perpetrators will walk free.’ This implies that each year there are approximately 422,000 instances of sexual assault in which no one is held accountable. For context, that is strikingly close to the total number of people admitted to prison in 2021.

It is true that people tend to be incarcerated for longer in the United States than in other parts of the world, but that alone does not show that the United States incarcerates “too many” people. In part, this is because punishments of varying degrees of severity might all be in some sense “proportionate,” and in part because the large number of unpunished crimes creates significant headroom in incarceration rates. The United States could incarcerate many more people, and potentially incarcerate them for longer, without violating basic rights against punishing the innocent or disproportionate punishment of the guilty.

Otherwise put: incarceration rates tend to be driven more by policy than by crime. What makes this into a philosophical problem is principled disagreement about what we are trying to do when we punish people for committing crimes. Crime prevention? Reparation? Symbolic vindication? Rehabilitation? Something else? We tend to be more confident that criminals should be punished than we are as to why they should be punished. But that makes it difficult to say if what we are getting is too much, too little, or just about right.

What about crime prevention?

Crime prevention is the most common, and most popular, answer to “why do we punish criminals?” But it is easy to see why one might hesitate. “Is incarceration an efficient way of preventing crime?” quickly leads to comparing the interests of the innocent in not being victimized against the interests of the guilty in not being imprisoned. Not only is that a hard question to answer objectively, but it also involves intrusive value judgments that liberals have reason to eschew. Telling people that their safety isn’t “worth the cost” can easily sound condescending, particularly when the costs mostly fall on those who choose to break the law.

Three conceptions of excess

This presents a difficult, though not insurmountable, challenge. For starters, we could define excess incarceration in strictly Paretian terms: can we release people from jails and prisons without increasing crime? Since this approach makes some people better off without making anyone worse off, it does not require trading off different people’s interests.

Alternatively, we could consider whether alternative modes of preventing crime could substitute for incarceration, again holding crime constant. By holding crime constant, we would only be asking whether there are ways of controlling crime that have a less malign impact on people’s lives than prisons. This too does not involve weighing competing interests.

The main limitation of these approaches is that they take existing levels of criminal victimization as sacrosanct. As a result, a quite substantial degree of incarceration could potentially be justified if it prevented trivial increases in crime. That might lead us to seek a more demanding conception of excess. That will, however, require weighing competing interests – those of potential victims in not having their rights violated and those of potential prisoners in not being incarcerated. As noted, this can easily come across as condescending, and worse, as involving intrusive judgments of worth.

That said, it’s worth noting that very few people are absolutists about crime. Most of us regularly make practical trade-offs between convenience and safety, for instance, which routes we will walk, where to lock our bikes, whether to install a security system. These mundane decisions – along with jury awards, tangible costs, and survey data – reveal how people subjectively value safety versus other goods.

Such information would, of course, need to be carefully considered to control for morally salient biases. Nonetheless, the broader point is that a utilitarian conception of excess is not committed to paternalistically evaluating whether people are wrong to fear crime as much as they do. Its theory of value can be constructed from the bottom up rather than imposed from the top down. Doing so can help mitigate concerns about condescending or intrusive value judgments.

So what?

Mass incarceration is unjust. This is in part because the burdens of incarceration are unfairly distributed, but it is also in part because those burdens are excessive in absolute terms. The moral critique of mass incarceration thus depends on an analytical metric—a theory of what it is to incarcerate too many people. The metric we choose will tell us what it means to truly bring the era of mass incarceration to an end.


Vincent Chiao’s research interests are in public law, with a particular focus on the philosophy of criminal law. He is the author of Criminal Law in the Age of the Administrative State (OUP 2018). Themes in his work include the place of law in formal and informal social orders, punishment and the evolution of cooperation, and the rule of law as a social technology.

ARE NUDGES FAILING VULNERABLE POPULATIONS?

In this post, Viviana Ponce de León Solís discusses her article recently published in the Journal of Applied Philosophy on  how nudging interventions can have uneven effects on low-income individuals, potentially worsening inequalities.

Image by Reinhard Dietrich from Wikimedia Commons

Nudges can be powerful tools for influencing behavior, but their impact on vulnerable populations—especially low-socioeconomic status groups (SES)—remains a topic of debate. Research reveals three possible outcomes: these groups may respond more strongly, less strongly, or similarly to nudges compared to the general population. While the type of nudge—cognitive, affective, or behavioral—matters, the real key to success lies in the intervention’s design and its ability to address the unique barriers faced by the target audience. Without careful consideration, “one-size-fits-all” nudges risk deepening inequalities or stigmatizing vulnerable communities.

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What’s so bad about workism?

In this post, Matthew Hammerton (Singapore Management University) discusses his article recently published in the Journal of Applied Philosophy on the phenomenon and value of people making work the primary source of meaning in their life.

Created with DeepAI

Some people center their life on work. They identify with their job and derive most of their life’s meaning from it. The writer Derek Thompson coined the term ‘workism’ to describe this phenomenon. Other people center their life on family (think of a stay-at-home parent who finds raising children deeply meaningful), a hobby, or something else entirely. Finally, some people don’t center their life on any single thing. Instead, they try to live a well-rounded life, drawing meaning and identity from a plurality of sources.

Are each of these lifestyles reasonable ways to live a life, or are some of them mistakes that lead to less fulfilling lives? In recent years, workism has come under fire and been dismissed as an especially poor life choice. In my article ‘What is wrong with workism?’ I challenge that view and defend workism as a viable way to live a good life. In case you are wondering, I am not a workist myself—I find meaning from a plurality of sources. Still, from a philosophical perspective, I don’t see what’s wrong with some people choosing to center their lives on work.  

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Innocence and Agency: The ethics of child protests

In this post, Tim Fowler (University of Bristol) discusses his recently published article in the Journal of Applied Philosophy in which he explores whether children can be deemed as competent to engage in political activism.

The Fridays for Future or ‘Climate Strikes’ have been a striking feature of political action on climate change. Most associated with Greta Thunberg, these actions reveal the power of children to intervene effectively in political spaces. In doing so, they raise ethical, political, and sociological questions. In my paper I focus on two: first, whether recognizing children’s right to protest should affect the age thresholds for other activities, especially voting; and second, the impact on the child protesters themselves.

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What I Really, Really Want: Why True Preferences Matter for Nudging

In this post, Bart Engelen (Tilburg University) and Viktor Ivanković (Institute of Philosophy, Zagreb) discuss their recently published article in the Journal of Applied Philosophy, where they explore what it means to have ‘true preferences’ and how this affects our understanding of autonomy and nudging.

Failing to do what we really, really want seems all-too familiar in everyday life. You might want to lead a healthier lifestyle or aspire to a career in a girl band but turn out to be too sluggish to go for a run or practice your singing and dancing skills. If you really are committed to those aims, these are clear instances where you fail to satisfy your ‘true preferences’.

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Just do(pe) it? Why the academic project is at risk from proposals to pharmacologically enhance researchers.

In this post, Heidi Matisonn (University of Cape Town) and Jacek Brzozowski (University of KwaZulu-Natal) discuss their recently published article in the Journal of Applied Philosophy in which they explore the justifiability and potential risks of cognitive enhancement in academia.

Image created with ChatGPT.

The human desire to enhance our cognitive abilities, to push the boundaries of intelligence through education, tools, and technology has a long history. Fifteen years ago, confronted by the possibility that a ‘morally corrupt’ minority could misuse cognitive gains to catastrophic effect, Persson and Savulescu proposed that research into cognitive enhancement should be halted unless accompanied by advancements in moral enhancement.

In response to this, and following on from Harris’ worries about the mass suffering that could result from delaying cognitive enhancement until moral enhancement could catch up, in 2023, Gordon and Ragonese offered what they termed a ‘practical approach’ to cognitive enhancement research in which they advocated for targeted cognitive enhancement —specifically for researchers working on moral enhancement.

Our recent article in the Journal of Applied Philosophy suggests that while both sets of authors are correct in their concerns about the significant risks related to cognitive enhancement outrunning moral enhancement, their focus on the ‘extremes’ neglects some more practical consequences that a general acceptance of cognitive enhancement may bring — not least of which relate to the academic project itself.

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Is there anything wrong with allowing oneself to feel liked by a chatbot?

In this post, Emilia Kaczmarek (University of Warsaw) discusses her recently published article in the Journal of Applied Philosophy in which she explores the ethical implications of self-deception in emotional relationships of humans with AI entities.

Photo: Free to use by Mateusz Haberny.

The popularity of AI girlfriend apps is growing. Unlike multi-purpose AI such as ChatGPT, companion chatbots are designed to build relationships. They respond to social, emotional or erotic needs of their users. Numerous studies indicate that humans are capable of forming emotional relationships with AI, partly due to our tendency to anthropomorphize it.

The debate on the ethical aspects of human-AI emotional relations is multi-threaded. In my recent article, I focus only on one topic: the problem of self-deception. I want to explore whether there is anything wrong with allowing oneself to feel liked by a chatbot.

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Why it can be OK to have kids in the climate emergency

In this post, Elizabeth Cripps (University of Edinburgh) discusses her new article published in the Journal of Applied Philosophy, in which she explores whether it is justifiable to have children despite the carbon footprint it creates.

Credit: Andrea Thomson Photography.

In the US, having a child has a carbon price tag of 7 tonnes a year. In France, it’s 1.4 tonnes. Going vegan saves only 0.4 tonnes yearly, living car free 2.4 tonnes, and avoiding a Transatlantic flight 1.6 tonnes.

For those of us who have or want kids, this is an uncomfortable fact. We know we should pursue climate justice, including by cutting our own carbon impact. Does it follow that someone living an affluent life in a country like the UK or the US should stay childless?

Not necessarily. What’s more, by putting this argument under pressure, we learn some important lessons for moral philosophers. We need to talk more about individual sacrifice in the face of global emergencies. In so doing, we must engage carefully with sociological and psychological scholarship and attend to the insights of demographic groups who have experienced injustice.

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Non-monogamy and the “Black Marriage Problem”

In this discussion post, Justin Clardy (he/they; Santa Clara University) introduces their article recently published in the Journal of Applied Philosophy on polyamory and a defense for minimal marriage among the Black population in the USA.

The short synopsis of the article is accompanied by an asynchronous conversation among Anika Simpson (Howard) Faith Charmagne, Luke Brunning (Leeds) and Nannearl Brown (PAGES TRG) where they will engage with the article in terms of its academic and practical implications for the Black population in the US.

Created with Bing AI Image Generator (2024).

Synopsis by Justin Clardy

The Black marriage problem—or the fact that “Black folks just aren’t getting or staying married like they used to”—has been a concern for Black writers. This problem is concerning because just less than 60 years ago, Black marriages rates were thought to be one of the zeniths of the Civil Rights Movement.

In 2022, Ralph Richard Banks appeared in the New York Post doubling down on his 2011 suggestion that in order to solve the Black marriage problem, Black women should consider marrying more white men. What’s striking about Banks’ suggestion is not just that it does not take endogamy as seriously as it should, it also does not take non-monogamy among Black folks as seriously as it should either. What possibilities would expanding legal marriage to include plural marriages offer for the same populations of unmarried Black folks that Black writers believe to be driving the Black marriage crisis? This is one of the questions that I explore in a recent article called “Polyamory in Black.”

Historical records in the U.S. tell stories of non-monogamous relationships dating back to the antebellum period. Some of these relationships were, of course, forged by the pernicious design of the domestic slave trade. Other Black non-monogamous intimate relationships, however, were chosen. In her book, Black Women Black Love: America’s War on African American Marriage, Dianne Stewart writes about Dorcas Cooper who was content to remain in a polygamous marriage after arriving on a plantation to find her husband married to a second woman. When Cooper recognized how well her husband’s second wife, Jenny, took care of Cooper’s kids, historical record even shows a deep fondness of Jenny from Cooper as she would not “let anybody say anything against [Jenny].” Historical record also during Reconstruction, shows Freedmen’s Bureau agents disregarding non-monogamous intimacies in the years following the Civil War by breaking up Black non-monogamous families as one agent recounted “Whenever a negro appears before me with 2 or 3 wives…I marry him to the woman who has the greatest number of helpless children who would otherwise become a charge on the bureau.” Importantly, then just as now, marriage was tethered to a bundle of rights and entitlements that had material consequences, such as the denial of Civil War pensions, on Black individuals and families who the institution forbade.

Despite (or, perhaps because of) the presence of Black non-monogamies, both in the antebellum and Reconstruction periods, anti-non-monogamous propaganda routinely portrayed non-monogamists as Black or barbaric in order to convey messages of chaos, foreigners, and despotism. As I show in an article published in the Journal of Applied Philosophy, some of these anti-black anti-non-monogamous impressions were published in media outlets following the Reynolds v United States decision handed down by the Supreme Court. Even the Court’s official opinion white engagement with non-monogamy was said to produce a “peculiar race” as the practice was thought natural and common among Asiatic and African peoples but foreign to whites.

Insofar as the Reynolds opinion remains one of the highest opinions handed down by the U.S. Supreme Court on plural marriage, present day marriage law has disproportionately harmful consequences on the growing population of Black polyamorists in the U.S.—both socially and materially. For example, non-monogamists are more likely than their monogamist counterparts to have their relationship(s) subjected to social scrutiny and are less likely than their monogamous counterparts to have their relationships cohere with zoning laws forbidding the number of “unrelated” people living in the same household. The ongoing ban against plural marriages in the U.S. generate interesting questions about what it might take to end non-monogamous oppression and enact measures to repair the harms done by legal marriage on Black non-monogamists. And, as I argue in “Polyamory in Black” I think that a compelling rationale can be offered for thinking about Black reparations along these lines.

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Should We Mourn the Loss of Work?

In this post, Caleb Althorpe (Trinity College Dublin) and Elizabeth Finneron-Burns (Western University) discuss their new open access article published in the Journal of Applied Philosophy, in which they discuss the moral goods and bads of a future without work.

Photo by Possessed Photography on Unsplash

It is an increasingly held view that technological advancement is going to bring about a ‘post-work’ future because recent technologies in things like artificial intelligence (AI) and machine learning have the potential to replace not just complex physical tasks but also complex mental ones. In a world where robots are beginning to perform surgeries independently and where AI can perform better than professional human lawyers, it does not seem absurd to predict that at some point in the next few centuries productive human labour could be redundant.

In our recent paper, we grant this prediction and ask: would a post-work future be a good thing? Some people think that a post-work world would be a kind of utopia (‘a world free from toil? Sign me up!’). But because there is a range of nonpecuniary benefits affiliated with work, then a post-work future might be problematic.

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