1st Edition

Rethinking Punishment in the Era of Mass Incarceration

Edited By Chris Surprenant Copyright 2018
    344 Pages
    by Routledge

    344 Pages 7 B/W Illustrations
    by Routledge

    One of the most important problems faced by the United States is addressing its broken criminal justice system. This collection of essays offers a thorough examination of incarceration as a form of punishment. In addition to focusing on the philosophical aspects related to punishment, the volume’s diverse group of contributors provides additional background in criminology, economics, law, and sociology to help contextualize the philosophical issues. The first group of essays addresses whether or not our current institutions connected with punishment and incarceration are justified in a liberal society. The next set of chapters explores the negative effects of incarceration as a form of punishment, including its impact on children and families. The volume then describes how we arrived at our current situation in the United States, focusing on questions related to how we view prisons and prisoners, policing for profit, and the motivations of prosecutors in trying to secure convictions. Finally, Rethinking Punishment in the Era of Mass Incarceration examines specific policy alternatives that might offer solutions to our current approach to punishment and incarceration.

    Introduction – Why do we punish?

    Chris W. Surprenant

    Chapter 1 – The Problem of Punishment

    John Hasnas

    Chapter 2 – Unconscionable Punishment

    Michael Huemer

    Chapter 3 – The Coproduction of Justice

    Nathan Goodman

    Chapter 4 – The Certainty of Punishment and the Proportionality of Incarceration

    Chris Barker

    Chapter 5 – Imprisonment and the Right to Freedom of Movement

    Robert Hughes

    Chapter 6 – Are there Expressive Restraints on Incarceration?

    Bill Wringe

    Chapter 7 – Punishment, Restitution, and Incarceration

    David Boonin

    Chapter 8 – Communicative Theories of Punishment and the Impact of Apology

    Eddy Nahmias and Eyal Aharoni

    Chapter 9 – A Reparative Approach to Parole-Release Decisions

    Kristen Bell

    Chapter 10 – Restorative Justice in High Schools: A Roadmap to Transforming Prisons

    Johanna Luttrell

    Chapter 11 - Reforming Youth Incarceration in the United States

    Cara Drinan

    Chapter 12 – Policing for "Profit": The Political Economy of Private Prisons and Asset Forfeiture

    Abigail R. Hall and Veronica Mercier

    Chapter 13 – Why Paternalists and Social Welfarists Should Oppose Criminal Drug Laws

    Andrew Cohen and Bill Glod

    Chapter 14 – The Need for Prosecutorial Guidelines

    John Pfaff

    Chapter 15 – Prison Tunnel Vision

    Joshua Dohmen

    Chapter 16 – Exile as an Alternative to Incarceration

    Briana McGinnis

    Chapter 17 – Corporal Punishment as an Alternative to Incarceration

    Jason Brennan

    Chapter 18 – The Potentials and


    Chris W. Surprenant is Associate Professor in Philosophy and Director of the Alexis de Tocqueville Project in Law, Liberty, and Morality at the University of New Orleans, USA. He is the author of Kant and the Cultivation of Virtue (Routledge 2014), co-editor of Kant and the Scottish Enlightenment (Routledge 2017) and Kant and Education: Interpretations and Commentary (Routledge 2011), and has written numerous articles on various aspects of Kant’s moral and political philosophy.