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Punishment Amongst Equals: Democracy...

Boren Reast, Samuel Arthur,

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Punishment Amongst Equals: Democracy and Criminal Justice /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Punishment Amongst Equals: Democracy and Criminal Justice // Samuel Arthur Boren Reast.
Author:	Boren Reast, Samuel Arthur,
Description:	1 electronic resource (149 pages)
Notes:	Source: Dissertations Abstracts International, Volume: 86-04, Section: A.
Contained By:	Dissertations Abstracts International86-04A.
Subject:	Political science. -
Online resource:	https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=31488331
ISBN:	9798342710008

Punishment Amongst Equals: Democracy and Criminal Justice /
Boren Reast, Samuel Arthur,

Punishment Amongst Equals: Democracy and Criminal Justice /Samuel Arthur Boren Reast. - 1 electronic resource (149 pages)

Source: Dissertations Abstracts International, Volume: 86-04, Section: A.

This dissertation is an exploration of the role of punishment in a democratic society. It is an attempt to answer the conventional questions surrounding the appropriateness and justification of punishment in an explicitly democratic context. This entails developing a theory of the reasons for punishing, or avoiding punishing, offenders that we can glean from our commitment to equal democratic citizenship. Chapter One takes up this task and explains how the decision of whether or not to punish a certain act of wrongdoing implicates the status of the victim as an equal member of society, through their ability to have confidence in the state's treatment of them as such an individual. The subsequent chapters discuss the ways in which injustices beyond the narrow confines of the criminal justice system and our decisions surrounding punishment might interfere with the proper performance of this democratic function of punishment.There is something wrong when a state punishes individuals who it has previously allowed to suffer serious social injustice. One explanation for this wrong is that the state lacks the authority to punish those people due to its failure to remedy the injustice. Two recent challenges have been levied against these sorts of claims: that they fail to differentiate between disadvantaged and advantaged offenders, and that they are not able to provide definitive guidance on the question of whether or not to punish. In Chapter Two I develop an account of the lack of punitive authority which circumvents these objections, based on the impact of injustice on the moral character of an offender's actions.Critical perspectives on the role incarceration plays in our society have become common place, with the position that the practice should be abolished altogether gaining some prominence. In Chapter Three I aim to give serious consideration to the arguments in favor of abolition and the tests they present to our best theories of punishment. I draw on recent work by Tommie Shelby, however, I argue that his focus on a view of punishment solely justified by its ability to reduce crime means overlooking some of the most powerful objections to imprisonment raised by abolitionist thinkers. Adopting the perspective that punishment might also achieve other goods, which would provide grounds for its use, I engage with objections grounded in the prison's ties to historical injustices such as slavery. I argue that while they give us reasons to abolish existing institutions they do not speak against incarceration per se. This leads me to defend a position of "abolish but replace" with regards to prisons and our institutions of criminal justice.

English

ISBN: 9798342710008Subjects--Topical Terms:

528916
Political science.
Subjects--Index Terms:

Citizenship

Punishment Amongst Equals: Democracy and Criminal Justice /
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520 $a This dissertation is an exploration of the role of punishment in a democratic society. It is an attempt to answer the conventional questions surrounding the appropriateness and justification of punishment in an explicitly democratic context. This entails developing a theory of the reasons for punishing, or avoiding punishing, offenders that we can glean from our commitment to equal democratic citizenship. Chapter One takes up this task and explains how the decision of whether or not to punish a certain act of wrongdoing implicates the status of the victim as an equal member of society, through their ability to have confidence in the state's treatment of them as such an individual. The subsequent chapters discuss the ways in which injustices beyond the narrow confines of the criminal justice system and our decisions surrounding punishment might interfere with the proper performance of this democratic function of punishment.There is something wrong when a state punishes individuals who it has previously allowed to suffer serious social injustice. One explanation for this wrong is that the state lacks the authority to punish those people due to its failure to remedy the injustice. Two recent challenges have been levied against these sorts of claims: that they fail to differentiate between disadvantaged and advantaged offenders, and that they are not able to provide definitive guidance on the question of whether or not to punish. In Chapter Two I develop an account of the lack of punitive authority which circumvents these objections, based on the impact of injustice on the moral character of an offender's actions.Critical perspectives on the role incarceration plays in our society have become common place, with the position that the practice should be abolished altogether gaining some prominence. In Chapter Three I aim to give serious consideration to the arguments in favor of abolition and the tests they present to our best theories of punishment. I draw on recent work by Tommie Shelby, however, I argue that his focus on a view of punishment solely justified by its ability to reduce crime means overlooking some of the most powerful objections to imprisonment raised by abolitionist thinkers. Adopting the perspective that punishment might also achieve other goods, which would provide grounds for its use, I engage with objections grounded in the prison's ties to historical injustices such as slavery. I argue that while they give us reasons to abolish existing institutions they do not speak against incarceration per se. This leads me to defend a position of "abolish but replace" with regards to prisons and our institutions of criminal justice.
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