In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.3 (2003) 410-411 [Access article in PDF] S. P. Ward. Penology and Eschatology in Plato's Myths. Lewiston, NY: Edwin Mellen Press, 2002. Pp. v + 295. Cloth, $99.95.In this work the author begins by asking himself the following question: What is an eschatological myth? The adjective "eschatological" indicates that the discourse it qualifies is concerned with the last things; that is, death (...) and the judgment of souls that follows it. Hence, the relation that may be established between eschatology understood in this sense and penology, which refers to the punishments the soul undergoes at the end of its earthly existence. As far as the meaning of 'myth' is concerned, the author, influenced by G. S. Kirk (The Nature of Greek Myths [Penguin, 1974]), adopts a relativist position. He does not think it possible to give a general definition; therefore, he limits himself to pointing out some of the characteristics of this type of discourse, on the basis of passages from the Platonic corpus which are usually considered as myths.Having set his analytical tools in place, the author proposes a commentary on the eschatological myths at the end of the Gorgias (523a-527e), at the end of the Phaedo (107c-115a), at the end of Republic X (614b-621d), in the Phaedrus (246a-249d), in some parts of the Timaeus (42b-d, 91a-92c), and in the Laws (903a-905d). He then examines the relations between penology and eschatology in the dialogues of the first period, the intermediary period, and old age.Although Plato takes his inspiration from traditional myths, those that appear in the dialogues are distinguished from traditional myths by two features: a scientific background, which indicates an influence from the Presocratics; and the role played by elements proper [End Page 410] to the Platonic doctrine. The insertion of considerations of a scientific nature into myths makes them more credible, but is not enough to make them into true discourses. Thus, the question of the relation in Plato between these myths and his philosophical doctrine remains open. Nevertheless, and although it is sometimes difficult to justify particular points in the myths, it is still true that we can note a great deal of coherence between what they recount and the ethical questions developed in the dialogues in which they appear.In spite of this consistency, one observes an evolution in the way these myths are presented. In the Gorgias, the punishments inflicted on the soul by the gods are presented as intended to make the soul better. The idea of reincarnation plays no role here, but it is present in the Phaedo. In this dialogue, however, the question arises of how to harmonize reincarnation with post-mortem punishments which, because of it, no longer seem to be necessary. In the Republic, emphasis is placed instead on the role of individual responsibility in the process of reincarnation. The Phaedrus continues in this direction, but is characterized by its allusions to the theory of intelligible forms. In the Timaeus, by contrast, Plato abandons the theme of a way of life and that of the judgment of souls, for a vision of the process of reincarnation that is integrated, not without difficulty, within a cosmological vision. The Laws continue along this path.This analysis shows that Plato evolved on questions of eschatology and penology, even if he did not radically change his mind. Yet there is one point on which he never varied: even if he did not establish precise frontiers between science and religion, Plato never thought his myths to be true discourses, but he always considered their capacity for ethical edification and their pedagogical value.This work is clear and well structured. It is completed by a bibliography and a general index, is easy to read, and presents a genuine usefulness. One also notes, on the part of the author, a good overall knowledge of the whole of Greek literature, from the origins to the end of Antiquity. Nevertheless, three criticisms may be made: (1) This publication merely reproduces the format... (shrink)

This book explores the concept of punishment: its meaning and significance, not least to those subject to it; its social, political and emotional contexts; its role in the criminal justice system; and the difficulties of bringing punishment to an end. It explores how levels of criminal punishment could and should be reduced, without compromising moral standards, public safety or the rights of victims of crime. Core contents include: Why punishment matters, the salience of emotions in its (...) various discourses and the role of culture. The politicisation of punishment and legitimacy. The penal system, the prominence of the prison in research on punishment and the role of community sanctions. The aims of punishment, its limits and the role of power. The ethics of punishment and human rights. Punishment and social order. This book is essential reading for all criminologists, as well as students taking courses on punishment, penology, prisons and the criminal justice system. (shrink)

In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment.

It hardly needs to be said that the parallel between mental and physical health plays an important part in Plato's moral philosophy. One of the central claims of theRepublicis that justice is to the soul what health is to the body (443b–444e).1 Similar points are made in other dialogues.2 This analogy between health and sickness on the one hand and virtue and vice on the other is closely connected to the so–called Socratic paradoxes. Throughout his life Plato seems to have (...) clung in some sense to the ideas that justice is our greatest good, that the unjust man is correspondingly miserable and that no one is therefore willingly unjust. It follows from these ideas that the unjust man, like the sick man, is in a wretched state which is not of his own choosing. (shrink)

This is a fascinating and important study of ideas of justice and punishment held by the ancient Greeks. The author traces the development of these ideas from Homer to Plato, analysing in particular the completely radical new system of punishment put forward by Plato in his dialogue the Laws. From traditional Greek ideas of cursing and pollution through to Plato's views on homicide and poisoning by doctors, this enlivening book has a wealth of insights to interest both ancient (...) historians and classicists, and all those interested in the history of philosophy and ethics. `Quite simply, essential reading.'. (shrink)

The most widely repeated retributivist argument against the utilitarian theory of punishment is that utilitarianism permits punishment of the innocent. While defenders of utilitarianism have shown that a publicly announced policy of punishing the innocent is unlikely to serve utility, critics have insisted that utilitarianism morally obliges officials to deceive the public by framing the innocent. Yet philosophers and legal scholars have heretofore failed to test this claim against the writings of the theory's originators. We directly examine the (...) writings of Jeremy Bentham and other eighteenth and nineteenth century utilitarians and demonstrate that the originators of utilitarian penology clearly opposed both punishment of the innocent and deception of the public. We argue that utilitarianism originated as a legal theory that emphasized several institutional conditions for the public pursuit of utility, including security of person and property, legality, legislative supremacy, democratic accountability, publicity and transparency. These institutional conditions would preclude both systematic and ad hoc framing of the innocent. We show that the original utilitarians considered individuals incompetent to determine and pursue the public welfare, and that the contemporary conception of utilitarianism as an ethical standard governing individuals is a modern innovation. Bentham's theory of punishment did not derive from any general ethical theory. Bentham, like his chief forebears Hume, Helvetius and Beccaria, thought of public utility as a standard of value for public action, such as legislation. He assumed that private action was ruled by self-interest (i.e. private utility) so that there was little point in directing arguments about the general welfare to individual ethical actors. In assessing public action, Bentham was far less concerned about consequences than has generally been supposed and far more concerned about process. He identified utility with security of expectations and the rule of law. As a consequence, he endorsed public actions that could be seen to have emerged from a rational and well-informed debate about their consequences for the public welfare. Utility was not a definition of the good or a guide to conscience, but a standard designed for use in public, deliberative debate. Utilitarianism was not so much a philosophical theory as a rhetorical practice, understood as a transparent language of analysis and argument for use in political deliberation.We elaborate the procedural conditions presupposed by utilitarian discourse, beginning with Bentham's commitment to a conception of legality involving legislative promulgation of formal rules faithfully applied by rigidly constrained bureaucrats and judges. Next, we demonstrate Bentham's commitment to democratic representation of the public in devising legislation. Finally, we emphasize Bentham's commitment to publicity in government decisionmaking. Utilitarian policy required public scrutiny of all decisions and the information and reasons considered in making them. In sum, Bentham's utilitarianism was primarily concerned with the problem of how to design government so that it could accurately identify and faithfully pursue the public good while being openly seen to do so. It follows that Bentham's utility principle does not require him to endorse deceiving the public and framing an innocent person. (shrink)

This book is a brilliant and painstaking analysis, at once historical and systematic, of Plato's penology. The initial sinking of a philosopher's heart at the sight of philosophy done by a classicist is soon stopped and even reversed. For Mackenzie immediately displays a mastery of the philosophical issues involved in a critique of penal institutions. The book opens with five chapters that clearly set forth the basic incongruity: experience shows that penal institutions are inevitable in human societies, and yet (...) punishment--because it does harm to the punished-needs to be justified. But the major philosophical theories fail in that justification: retribution, deterrence, and reform are finally incompatible with each other, and yet none can stand alone without doing violence to the intuitions of common sense. Plato's theory, then--basically reformative, with a touch of deterrence--is finally unsatisfactory. As the author says in her introduction, "different theories of punishment cannot be held conjointly because they conflict. But they cannot be held separately, either, or they risk being violent or unintelligible. Violence is what theories of punishment guard against, and if a theory is incomprehensible, it is no theory at all". Plato's theory is then said to fail by being incomprehensible. (shrink)

Is it morally acceptable to use artificial intelligence (AI) in the form of computer-driven algorithms in the determination of sentences on those who have broken the law? If so, how should such algorithms be used? This book is the first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of AI at sentencing. It deals with a wide range of highly pertinent issues, such as the following: Should algorithmic-based decision-making be transparent? If so, what does (...) this mean and why is it important? Does a conflict between algorithmic transparency and algorithmic accuracy always constitute a moral dilemma? What does it mean to require that algorithmic sentencing decisions should be fair? When should an algorithm be regarded as discriminatory? Is it acceptable to use algorithms to produce risk assessments of future criminal conduct? Can algorithms ever be used in the exercise of mercy? Should AI only be used to guide judicial decision-making or could it ever be justified to replace a human sentencing judge with a robojudge? (shrink)

Punishment and democracy appear to exacerbate each other’s worst features. The institutions and moral intuitions used to punish those that break the law can hollow out civic participation, distort the electorate, and undermine core democratic values. Likewise, many have argued the decentralized character of democracy is a key, albeit indirect, cause of increasingly punitive public policies that are divorced from any reasonable penological purpose. Given the effects of electoral politics, many have called for the separation, or general insulation, of (...) state punishment from public influence. However, recent empirical work on punitive attitudes and institutional design has begun to chip away at this common sense. This article contextualizes and qualifies the various mechanisms of policy feedback and public opinion formation thought by political theorists to undermine democratic participation in penal institutions and makes a normative case that insulating the public from penal law actively sustains injustice. (shrink)

Neil Levy argues that the degree to which psychopaths ought to be held blameworthy for their actions depends on the extent to which they are capable of mental time travel—episodic memory and episodic foresight. Levy claims that deficits in mental time travel prevent psychopaths from fully appreciating what it is to be a person, and, without this understanding, we can at best hold psychopaths blameworthy for harming non-persons. In this paper, I build upon and clarify various aspects of Levy’s view. (...) Specifically, I begin by outlining the neurobiological data on mental time travel, and I argue that psychopaths, or at least some psychopaths, appear to have the deficits Levy ascribes to them. I then expand upon the legal implications of his argument by using an analogy between juveniles and psychopaths to argue that the penological justification for retributive punishment against psychopaths ought to be substantially diminished. (shrink)

Within the notion of punishment in the Yoruba culture, the physical and non-physical aspects of human existence are reconciled to arrive at a justifiable punitive action. The metaphysical presuppositions in Yoruba punitive system reflect a coherent interconnection among social structure, law and belief system for the harmonious human well-being of the individual and the community. Furthermore, the judicious imposition of punitive measures on the offender establishes the significance of attributing responsibility for every human action without antagonism and animosity. Nevertheless, (...) the offender, within the tradition, is restitutively reconciled with himself, the victim and the community at large. The social order based on these principles creates and modifies the contemporary understanding of penology and penal practice. (shrink)

The purpose of this essay is to critically appraise J. Angelo Corlett's recent interpretation of Kant's theory of punishment as well as his rejection of Hegel's penology. In taking Kant to be a retributivist at a primary level and a proponent of deterrence at a secondary level, I believe Corlett has inappropriately wed together Kant's distinction between moral and positive law. Moreover, his support of Kant on these grounds is misguided as it is instead Hegel who holds such (...) a distinction. Finally, I attempt to refute the almost timeless retributivist rejection of deterrence-based theories of punishment on the grounds that the latter somehow would condone in some cases the punishment of innocent persons. These individuals almost always demand that no innocent person be punished as a rule of the highest order. (shrink)

This essay uses Garland’s framework from The Culture of Control to suggest an agenda for critical penology. This includes, as well as the analysis of choices actually made and the cultural repertoire actually available, describing and advocating other possible choices, and analysing the conditions of possibility for the adoption of other (better) policies and practices; and examining the implications for the future of choices which are currently being made. Carlen’s Women and Punishment: The Struggle for Justice and Garland’s (...) edited collection Mass Imprisonment in the USA are examples of these penologies. Another way in which penologists, social theorists and philosophers can attempt to influence policy choices is to contribute to enlargement of the available cultural repertoire. The development and promotion of restorative justice is given as one example of this; another is work by philosophers such as Duff, Matravers and Norrie which addresses questions such as the source, nature and limits of penal communities; the basis of political obligation, and the relational nature of responsibility for crime. (shrink)

This thesis provides an ethical analysis of imprisonment as a mode of punishment. Consisting in an introduction and four papers the thesis addresses several important questions concerning imprisonment from a number of different perspectives and theoretical starting points. One overall conclusion of this thesis is that imprisonment, as a mode of punishment, deserves more attention from moral and legal philosophers. It is also concluded that a more complete ethical assessment of prison conditions and prison management requires a broader (...) focus. It must include an explicit discussion of both how imprisonment directly affects prison inmates and its negative side-effects on third parties. Another conclusion is that ethical discussions on prison conditions should not be too easily reduced to a question about how harsh or lenient is should be. Paper 1 argues that prisoners have a right to privacy. It is argued that respect for inmates’ privacy is related to respect for them as moral agents. Consequently, respect for inmates’ privacy is called for by different established philosophical theories about the justification of legal punishment. Practical implications of this argument are discussed and it is argued that invasion of privacy should be minimized to the greatest extent possible, without compromising other important values or the rights to safety and security. It is also proposed that respect for privacy should be part of the objective of creating and upholding a secure environment. Paper 2 discusses whether the collateral harm of imprisonment to the children and other close family members of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two perspectives in moral philosophy, consequentialism and deontology, are then applied in order to assess whether these harms are permissible. It is argued that from either perspective it is hard to defend the claim that allowing for these harms are morally permissible. Consequently, imprisonment should be used only as a last resort. Where it is deemed necessary, it gives rise to special moral obligations. Using the notion of residual obligation, these obligations are then categorized and clarified. Paper 3 focuses on an argument that has figured in the philosophical debate on felon disenfranchisement. This argument states that as a matter of democratic self-determination, a legitimate democratic collective has the collective right to decide whether to disenfranchise felons as a way of defining their political identity. Yet, such a collective’s right to self-determination is limited, since the choice to disenfranchise anyone must be connected to normative considerations of political significance. This paper defends this argument against three charges that has been raised to it. In doing so it also explores under what circumstances felon disenfranchisement can be permissible. Paper 4 explores the question of whether prison inmates suffering from ADHD should be administered psychopharmacological intervention for their condition. The theoretical starting point for the discussion is the communicative theory of punishment, which understands criminal punishment as a form of secular penance. Viewed through the lens of the communicative theory it is argued that the provision of pharmacological treatment to offenders with ADHD need not necessarily be conceived of as an alternative to punishment, but as an aid to achieving the penological ends of secular penance. Thus, in this view offenders diagnosed with ADHD should have the option to undergo pharmacological treatment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Mary Margaret Mackenzie THE TEARS OF CHRYSES: RETALIATION IN THE ILIAD1 ATHEORY of punishment is a systematic justification of the practice of punishment. Before the emergence of true penology in classical Greece—in Plato's Laws for example—penal transactions are associated only with pre-philosophic rationalizations. But such rationalizations must, nevertheless, be regarded as the antecedents of a formalized theory of punishment. In order to understand the classical (...) approach to punishment, therefore, we should look to the early literature for evidence, descriptive or evaluative, of the penological antecedents. To begin at the beginning, this article will consider the Iliad. Yet this procedure begs questions. First of all, a critic might deny the propriety of the use of literary evidence in a study of a philosophical problem. The objection is twofold—both against the treatment of literature as philosophy and against the assumption of continuity in the transition from non-philosophical to explicitly philosophical sources. To this the answer lies partly in the nature of Greek culture. Until the sophistic age there existed no moral philosophy as such—and yet the Greeks were capable of considering and solving moral problems, such as the questions surrounding the practice of punishment. Thus while we should distinguish between this unphilosophical approach and the systematic analyses of the philosopher, the problems with which they deal remain the same. Second, Homer depicts a fictional society: it is a common contention that we therefore have no grounds for attributing consistency or historical reality to any of the institutions described in the poems. Thus the proposition is that, not content with inventing a story to tell, Homer imagined all the trappings of the fiction as well—the conventions and the sentiments bear no relation to conventions or values of his own or any other time. The same argument might be applied to other literary works which make no claim to historicity. But its plausibility depends upon an inflated notion of fiction in which nothing of the 4 Philosophy and Literature story approaches the familiar experiences of its hearers. It is, of course, more reasonable to suppose that fiction generally derives its impact from familiarity, and that Homer's popularity was founded in his appeal to the audience's imagination in the context of their own lives. Thus while the story itself is fiction, it is associated with fact in its detail—the commonplaces of social life and human reaction among which the heroes move. Our task is to look to the commonplaces, for here will be found the social practices and the assumptions which Homer's audience would take for granted. Finally, we may generally suppose that the context of a particular source is determined chiefly by its antecedents. If, however, we are to treat the Homeric poems as the earliest Greek literary sources available to us, there is a major difficulty in this establishment of context: the absence of antecedent. The discussion of Homeric society has been severely hampered by the lack of contemporary referents and by the consequent temptation to import our own values as yardsticks for the measuring of the idiosyncracies of Homeric thought. To a large extent this is a useful enterprise; it is possible, for instance, to point out the differences between Homeric military structure and our own, or between the kingship system and the political structures of later Greek societies. On the other hand, as soon as the discussion turns to values, the issue becomes complicated; to compare two values, in our own society and in the Homeric poems, tends to presuppose some common ground where there need be none, to assume that the way we might translate a word reflects significantly upon its original use. This third difficulty gives rise to an eristic dilemma, common in the history of ideas: how do we know that a transaction is a punishment unless we already know that it is a punishment? Or if we are uncertain whether punishment occurs (and if we have no common language to help in the identification), where should we look for it? Further, having established the area in which punishment should occur, what criteria are to be employed to determine whether in fact it does? The first... (shrink)

This paper examines the ‘deep-end’ of the international justice process—the incarceration of persons convicted in specially constituted international criminal tribunals and courts for gross violations of human rights, genocide, crimes against humanity and war crimes with a focus on language rights of such prisoners who are commonly serving sentences in foreign prisons. The punishment phase of the international justice process and its effects are not easily quantifiable and have been largely hidden from view. Although international criminal law asserts that (...) equal treatment before the law requires that there be no significant disparity in punishment regimes from one sentence-enforcing country to another, comparative penology shows that there are considerable differences in the conditions of confinement and the nature of correctional services in the prison systems of different countries. This has a direct impact on post-sentence procedural and rehabilitation rights of which language rights from a key part. In this specific context, and drawing from existing literature, the paper therefore examines the extent to which enforcement practice conforms to the ideal of equal treatment espoused by the tribunals. (shrink)

This paper discusses a non-state justice system (Sistema Comunitario de Seguridad, Justicia y Reeducación, hereafter: SCSJR) applied by some of the Afromexican and Indigenous communities of the Guerrero state in Mexico as an example of a maximalist restorative justice system. Restorative justice is presented here as an alternative to criminal justice. While it responds to similar moral concerns as retributive justifications do, it offers more adequate mechanisms of dealing with certain crimes and aims to reduce coerciveness of justice when dealing (...) with lawbreaking. Restorative justice is also an approach that should be perceived as more legitimate when handling cases where the state lacks the moral standing to prosecute offenders. The SCSJR is used as an example to demonstrate the possibility of a justice system based on restorative principles to be effective in handling the entirety of lawbreaking in a community. In the case of the SCSJR this approach to justice has been proved to be effective even in the wake of high levels of criminal activity in the region. This paper discusses the SCSJR’s institutions and attitude toward lawbreaking and argues that they demonstrate an example of a justice system based on restorative justice. (shrink)