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.
Category: Punishment (Page 2 of 2)
Social norms can change astonishingly quickly. Within a matter of days, and in response to the ongoing pandemic, we’ve witnessed the emergence of strong social norms against going out for all but a handful of reasons. All of a sudden, each of us is expected to stay at home, at least for the overwhelming majority of our days. And, when we do venture out, we must be careful to maintain appropriate distance from others.
This turnaround in social norms has been hastened and enforced by the public shaming, often on social media, of those who breach their demands. This involves posting, sharing, commenting on, and liking photos and videos of those who seem to be violating these norms, for example, by taking leisurely strolls in a busy park, sunbathing at the beach, or boarding a packed train. Twitter is currently awash with examples, from all around the world, using the hashtag #COVIDIOTS. Even the authorities have got in on the action, with Derbyshire Police releasing drone footage of people walking in the Peak District. And Italian mayors have been real trailblazers.
In this post, Nikolas Mattheis (University of Bayreuth) defends school strikes for climate against the objection that school attendance is mandatory. Children’s strikes should be viewed as civil disobedience (rather than truancy) and as a legitimate form of democratic participation.
In many countries, governments impose legal duties on citizens regulating their interactions with unauthorized immigrants. It is for example forbidden to provide them with access to employment, housing or transportation, and even sometimes to merely assist them in some way. In France, for example, there has been a lasting debate about the so-called “délit de solidarité” (offense of solidarity) – a law forbidding citizens to bring assistance to illegal immigrants.
Are we, citizens of rich countries, under a moral duty to obey or disobey such laws?
With significant recent advances in artificial intelligence and robotics, it is increasingly pressing that we consider the legal and ethical standing of autonomous machines.
In this post, I explore the punitive justifications for the recent strikes against Syria in response to the alleged use of chemical weapons. In the previous post, Sara was right to call into question the HI justification for the strikes provided by Theresa May. Indeed, even if one could assume that the strikes could satisfy the just cause criterion (and this is a big if), it’s doubtful that other ad bellum criteria could be met (proportionality and reasonable chance of success). The situation is Syria is complicated with multiple parties involved, either directly or through proxy. It is, therefore, difficult to determine what success would mean in this context and, correspondingly, what would be counted as proportionate force. I think Sara is right that the strikes could not be justified on the basis of HI. But, I ask, are there any other justifications for these strikes?
The latest figures show that the proven reoffending rate for adult ‘offenders’ released from custody between April 2013 and March 2014 was 45.8%, with those who served sentences of less than 12 months having reoffended at a rate of 59.8% (Ministry of Justice, 2016). These kinds of statistics mean that increased attention has been directed towards understanding the reasons why people stop offending – largely in the hope that this evidence will support the design of reoffending-reducing reforms (see, e.g., the Discovering Desistance project). Another recent Ministry of Justice report brings together much of this research in its compilation of a list of ‘desistance factors’ in response to the question: What helps individuals desist from crime? (‘Transforming Rehabilitation’, 2014)
Two of these factors are of particular interest, given my purposes here: (i) ‘having something to give to others’ and (ii) ‘being believed in’ (see below for a brief account of each, respectively; and see Table 2.2 for the full list).
One thing that I learned as a PhD student at Oxford was that philosophically interesting questions and questions about existing injustice do not always overlap – some existing practices are so obviously wrong from a normative perspective, I was told, that there is no point in writing normative theories about them. This seems right for certain cases, but I still haven’t quite made up my mind about whether it is always true.
I remember this Oxford seminar while reading this utterly depressing piece about incarceration and its effect on black communities in the U.S. in this month’s issue of the Atlantic.
Content note: this post contains and links to discussions of rape and sexual harassment.
Social attitudes towards rape and sexual violence and harassment have over the last few years been undergoing what Laurie Penny has aptly called ‘rape culture’s Abu Ghraib moment’. From Steubenville, to Jimmy Saville, and academic philosophers, we have been confronted with both how widespread rape, sexual violence and harassment is, and how awfully this is dealt with by the police, courts and institutions. Closer to home for me, a few months ago the Oxford Union president was arrested for rape and attempted rape (the charges were later dropped). This resulted in a campaign to have him resign his position as president and for invited speakers to cancel their appearances until he did. The ‘public intellectual’ A.C. Grayling however refused to cancel his appearance, saying that the president was innocent until proven guilty and should not be tried in the ‘kangaroo court of public opinion’. This has become a common response to accusations of rape (with ‘kangaroo court‘ the favourite and somewhat tired description). The alleged rapist, it is argued, should not be subject to social sanctions and society should reserve judgement because of the principle that people are innocent until proven guilty.
I vehemently disagree with this. But when challenged I have in the past been somewhat unsure of my reasons for disagreeing. One argument is that though innocent until proven guilty is an extraordinarily important principle, it is primarily a legal principle. That means it applies to the courts and the legal process of convicting someone of a crime. If someone is to be subjected to state punishment (from fines, to jail, to being executed), then they have the right to be presumed innocent until proven guilty so that the obligation rests with the prosecution and not the accused to prove guilt beyond reasonable doubt. It is however not clear that public condemnation of an alleged rapist should be subject to the same principle. As has been pointed out the so-called ‘kangaroo court of public opinion’ is not actually a kangaroo court. A kangaroo court (such as white lynch mobs) disregards the standards of a fair trial to punish the accused. Public discussion and condemnation does not (usually) seek to actually replace the legal process and determine guilt and then exact the kind of punishment normally reserved for the state.
But I am unsure of this argument. First, it relies on a kind of reasoning where the legal and social is entirely divorced that I would normally reject. I do not for example accept the absurd argument that women, queer people and people of colour have achieved equal status on the basis that many (but certainly not all) legal discriminations have been removed, because this is undermined by the continued existence of social oppression upheld through patriarchal, white supremacist and heteronormative norms. Second, public condemnation and discussion is not the whole story. Social sanctions, which include being personally or professionally shunned and being removed or temporarily stepping down from public positions, are graver than public condemnation and can approach state punishment in the consequences for the accused. Trying to argue that carrying out these kind of social sanctions does not punish the accused in the way a court does, seems unconvincing. Justifying it requires more than saying that innocent until proven guilty is just a legal principle.
I think the more convincing defence of public condemnation and social sanctions, and thereby overruling innocent until proven guilty, is based on the flawed legal processes and social attitudes that surround rape and sexual harassment and violence. Rape culture and its associated myths infect every step of the legal process from the police to judges. Combined with the social shaming and condemnation of victims, this mean that rape remains (as the graphic above shows) a dramatically under-reported, under-prosecuted and under-sentenced crime. In the absence of a correctly functioning legal system and societal attitudes that support victims I think it is therefore justifiable to publicly condemn and socially sanction alleged rapists and harassers. Of course this will vary from case to case, based on which crime they are accused of and the actions taken by the institutions that are supposed to deal with it, and there is no easy formula for this. I think that these actions are however necessary to challenge the ideas embedded in rape culture and replace them with the kind of norms and institutions that would seriously reduce the prevalence of rape and harassment.
In closing it is worth reflecting why people place so much emphasis on innocent until proven guilty when it comes to rape and harassment. I suspect that this is in fact one more feature of rape culture. At its heart rests the profoundly mistaken view that false accusations of rape and harassment are rife. I think we should remember that insisting that the accused is innocent until proven guilty, is so often based on the assumption that the victim is ‘lying until proven truthful’. To counteract that, I think it is central to believe and support victims. As Stavvers has convincingly argued:
‘Silence is the biggest weapon patriarchy has in keeping rape culture alive, and “I believe her” starts to tear down this wall and encourage and empower survivors to speak out. Because of this, it is crucial that we resist the attacks on this notion, the slurring it as “mobs” and “kangaroo courts”, because it isn’t. It’s solidarity in the face of patriarchy, and we should be proud that it is starting to terrify those who would rather we shut up.’
|Source: Wikimedia Commons http://en.wikipedia.org/wiki/File:Edward_Snowden-2.jpg|