What is Inhuman Treatment?

Criminal Law and Philosophy 6 (1):21-30 (2012)
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Abstract

In this article, I propose and argue for a conception of inhuman treatment. In the human rights context, I claim, inhuman treatment is that which is grossly degrading. Relative to “cruel,” “inhumane,” and “degrading,” “inhuman” has received little attention from moral philosophers. My aim here is to analyze this concept in greater depth in order to determine what it brings to discussions about punishment and other kinds of treatment. I begin by drawing distinctions between “inhuman,” “inhumane,” and “degrading.” Then, I discuss analyses of “inhuman treatment” proposed by Jeremy Waldron and John Vorhaus. Although I find both conceptions problematic, discussing each helps me to set the stage for my proposal. After articulating and arguing for my own conception, I conclude by briefly explaining some of its implications

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References found in this work

The metaphysics of morals.Immanuel Kant - 1797/1996 - New York: Cambridge University Press. Edited by Mary J. Gregor.
Human dignity and the ethics and aesthetics of pain and suffering.Daryl Pullman - 2002 - Theoretical Medicine and Bioethics 23 (1):75-94.
Inhuman and Degrading Treatment: The Words Themselves.Jeremy Waldron - 2010 - Canadian Journal of Law and Jurisprudence 23 (2):269-286.
Torture and Philosophy.William Twining & Barrie Paskins - 1978 - Aristotelian Society Supplementary Volume 52 (1):143 - 194.
Punishment, dignity and degradation.R. Anthony Duff - 2005 - Oxford Journal of Legal Studies 25 (1):141-155.

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