Is capitalism inherently predatory? Must there be winners and losers? Is public interest outdated and free-riding rational? Is consumer choice the same as self-determination? Must bargainers abandon the no-harm principle? Prisoners of Reason recalls that classical liberal capitalism exalted the no-harm principle. Although imperfect and exclusionary, modern liberalism recognized individual human dignity alongside individuals' responsibility to respect others. Neoliberalism, by contrast, views life as ceaseless struggle. Agents vie for scarce resources in antagonistic competition in which every individual seeks dominance. This (...) political theory is codified in non-cooperative game theory; the neoliberal citizen and consumer is the strategic rational actor. Rational choice justifies ends irrespective of means. Money becomes the medium of all value. Solidarity and good will are invalidated. Relationships are conducted on a quid pro quo basis. However, agents can freely opt out of this cynical race to the bottom by embracing a more expansive range of coherent action. (shrink)

It is illegitimate to read any ontology about "race" off of biological theory or data. Indeed, the technical meaning of "genetic variation" is fluid, and there is no single theoretical agreed-upon criterion for defining and distinguishing populations (or groups or clusters) given a particular set of genetic variation data. Thus, by analyzing three formal senses of "genetic variation"—diversity, differentiation, and heterozygosity—we argue that the use of biological theory for making epistemic claims about "race" can only seem plausible when (...) it relies on the user’s own assumptions about race; the move from biological measures to claims about “race” inevitably amounts to a pernicious reification. We also excavate assumptions in the history of the technical discourse over the concept of "race" (e.g., Livingstone's and Dobzhansky's 1962 exchange, Edwards' 2003 response to Lewontin 1972, as well as contemporary discussions of cladistic "race", and "races" as clusters). We show that claims about the existence (or non-existence) of "race" are underdetermined by biological facts, methods, and theories. Biological theory does not force the concept of "race" upon us; our social discourse, social ontology, and social expectations do. We become prisoners of our abstractions at our own hands, and at our own expense. (shrink)

Is game theory good for us? This may seem an odd question. In the strict sense, game theory—the axiomatic account of interaction between rational agents—is as morally neutral as arithmetic. But the popularization of game theory as a way of thinking about social interaction is far from neutral. Consider the contrast between characterizing bargaining over distribution as a “zero-sum society” and focussing on “win-win” cooperative solutions. These reflections bring us to the book under review, Prisoner's Dilemma, a (...) popular introduction to game theory and its relation to ethics by the respected science writer William Poundstone. The book begins with a moral dilemma and ends by discussing the evolution of co-operation. Poundstone emphasizes—correctly, to my mind—the ethical potential of game theory. He concludes his first chapter with this striking claim: “Today's practitioners of game theory are attempting to forge a kind of ethical progress. Is there any way to promote the common good in a prisoner's dilemma? The attempt to answer this question is one of the great intellectual adventures of our time”. (shrink)

Setting aside various foundational moral entanglements, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. After sketching the salient features of a prisoner’s dilemma, I will briefly examine the nature of intellectual property and how one can view content creation, exclusion, and access as a prisoner’s dilemma. In brief, allowing content to be unprotected in terms of free (...) access leads to a sub-optimal outcome where creation and innovation are suppressed. Finally, I will argue that adopting the institutions of copyright, patent, and trade secret is one way we can avoid these sub-optimal results. (shrink)

As these opening quotes acknowledge, the Prisoner’s Dilemma (PD) represents a core puzzle within the formal mathematics of game theory.3 Its rise in conspicuity is evident figure 2.1 above demonstrating a relatively steady rise in incidences of the phrase’s usage between 1960 to 1995, with a stable presence persisting into the twenty first century. This famous two-person “game,” with a stock narrative cast in terms of two prisoners who each independently must choose whether to remain silent or speak, each (...) advancing self-interest at the expense of the other and thereby achieving a mutually suboptimal outcome, mires any social interaction it is applied to into perplexity. The logic of this game proves the inverse of Adam Smith’s invisible hand: individuals acting on self interest will achieve a mutually suboptimal outcome. However, as this chapter illuminates, the assumptions underlying game theory drive this conclusion. (shrink)

Prisons are a feminist issue. This chapter offers an account of central issues and themes in feminist philosophical work on prisons, examples of important contributions, and future directions for feminist work in the field. It does so, however, in a way that consciously deploys a feminist methodology that resists the replication of hierarchical norms and structural violence in the very doing of theory and history. In this spirit, it emphasizes the record of struggle across the prison’s history, the (...) resistance efforts that live behind individual academic theories, the conceptual frameworks generated by groups bearing the brunt of carcerality, and it investigates alternative strategies of harm reduction developed across those communities. The chapter closes with an explicit exploration of prison abolitionism, which works not only to radically rethink punishment but also to shift the locus of voice and leadership. In so doing, the chapter aims to review, as much as to create anew, a feminist theoretical analysis of prisons. (shrink)

In jails, the prisoners are often maltreated by the jail authorities.They are abused, and, their fundamental rights as human beings are frequentlyviolated. Although laws upholding the rights of prisoners are plenty,unfortunately, these seem ineffective in preventing the abuse of prisonersin jails. This paper examines the problems of jailed prisoners in general andhighlights their violations of human rights. In particular, this paper discussessexual abuse of prisoners, their mental and physical tortures, and enforcement ofprison labour laws. The paper also focuses on overcrowding (...) in jails, inadequateeducational facilities for prisoners and poor health care facilities. This articleanalyses these issues from the perspectives of Islamic Law and attempts toprovide a conceptual frame work of solutions. An analytical approach isemployed in this study. (shrink)

This paper explores the issue of prisoners' rights. The conditions of incarcerated people in jails and prisons include psychological and physical deterioration brought on by their condition of confinement. The one sanction that has been debated extensively in the United States is the death penalty. Yet there are numerous losses or deprivations short of death that we might impose on legal offenders. In addition to broader issues such as the nature of rights and the basic moral rights possessed by individuals, (...) issues specific to the rights of serious legal offenders are distinguished and discussed. The latter issues include whether offenders forfeit all or some of their moral rights, whether their retained rights are less stringent, whether the state has any obligation to facilitate exercise of their retained rights, and what specific rights prisoners retain or acquire. (shrink)

In the classic abolitionist text, Prison on Trial, Thomas Mathieson argues that imprisonment cannot be justified by appeal to any standard punitive aim: rehabilitation, deterrence, incapacitation, or retribution. The aim of this paper is to give prison an ‘appeal hearing’: to examine whether it can be justified by a set of punitive aims not considered by Mathieson. In particular, it asks whether imprisonment can be justified by the ‘communicative’ theory of punishment proposed by Antony Duff. Duff sees (...) imprisonment as having an important role in a properly ‘communicative’ system of criminal justice: to serve as the ultimate sanction for offenders who fail to comply with other forms of punishment; to shock offenders into repentance for their crimes; and to communicate to offenders in a symbolically appropriate way the seriousness of their offence. This paper argues that each of Duff’s rationales fails: using prison as an ultimate sanction violates the communicative principle of treating offenders as responsible moral agents; the evidence suggests that prison will impede rather than facilitate repentant understanding; and while prison might be able to express censure, it is not rationally connected to enabling a meaningful moral dialogue. As such, it concludes that this particular appeal hearing for imprisonment fails. (shrink)

David Lewis argued that Newcomb’s Problem and the Prisoner’s Dilemma are “one and the same problem” or, to be more precise, that the Prisoner’s Dilemma is nothing else than “two Newcomb problems side by side” (Lewis Philosophy and Public Affairs 8:235–240, 1979 : 235). It has been objected that his argument fails to take into account certain epistemic asymmetries which undermine the one-problem thesis. Sobel ( 1985 ) acknowledges that many tokens satisfy the structural requirements of both problems, while questioning (...) the generality of the thesis. Bermúdez (Analysis 73:423–429, 2013 ), on the other hand, argues that there is a deeper structural conflict between the two problems in the sense that the epistemic requirements that give Newcomb’s Problem its force are precisely those that prevent it from being a Prisoner’s Dilemma. I argue that the epistemic asymmetry objections raised by Sobel and Bermúdez fail to undermine the one-problem thesis. A different type of objection raised by Bermúdez, one which relies on the contrast between parametric and strategic choices, fares no better. Although NP is a problem that has been primarily studied for its implications to decision theory, it contains enough game theoretic elements to justify the claim that a juxtaposition of two such problems can be thought of as a strategic game. (shrink)

Indeterminate sentencing is a sentencing practice where offenders are sentenced to a range of potential imprisonment terms and where the actual release date is determined later, typically by a parole board. Although indeterminate sentencing is often considered morally problematic from a retributivist perspective, Michael O’Hear has provided an interesting attempt to reconcile indeterminate sentencing with the communicative version of retributivism developed by Antony Duff. O’Hear’s core argument is that delayed release, within the parameters of the indeterminate sentence, can be seen (...) as an appropriate retributivist response to the violations of prison rules. This article highlights several problems in O’Hear’s proposal and argues that the communicative theory is not easily reconciled with his proposed model for indeterminate sentencing. In conclusion, it is argued that proponents of the communicative version of retributivism should resist indeterminate prison sentences. (shrink)

This chapter contains sections titled: Key Elements of the Nature of Revolutionary Parties Gramsci's Conceptualization of the Roles of the Revolutionary Party The Nature of Party Education The Aims of Party Education Continuity of Ideas in the Prison Notebooks Conclusion Note References.

Prisons & Punishment focuses on cross-national perspectives about penal theories and empirical studies. It brings together African, European and North American social philosophers, sociologists, political scientists, legal practitioners, prisoners and abolitionist activists. The contributors reflect on carceral society, most notably in the United States, and on the re-conceptualisation of punishment.

The "Prisoner's Dilemma" game has been extensively discussed in both the public and academic press. Thousands of articles and many books have been written about this disturbing game and its apparent representation of many problems of society. The origin of the game is attributed to Merrill Flood and Melvin Dresher. I quote from the Stanford Encyclopedia of Philosophy: Puzzles with this structure were devised and discussed by Merrill Flood and Melvin Dresher in 1950, as part of the Rand CorporationÂ’s investigations (...) into game theory (which Rand pursued because of possible applications to global nuclear strategy). The title "prisonerÂ’s dilemma" and the version with prison sentences as payoffs are due to Albert Tucker, who wanted to make Flood and DresherÂ’s ideas more accessible to an audience of Stanford psychologists. The Prisoner's Dilemma is a short parable about two prisoners who are individually offered a chance to rat on each other for which the "ratter" would receive a lighter sentence and the "rattee" would receive a harsher sentence. The problem results from the fact that both can play this game -- that is, defect -- and if both do, then both do worse than they would had they both kept silent. This peculiar parable serves as a model of cooperation between two or more individuals (or corporations or countries) in ordinary life in that in many cases each individual would be personally better off not cooperating (defecting) on the other. (shrink)

Experiments in which subjects play simultaneously several finite two-person prisoner's dilemma supergames with and without an outside option reveal that: an attractive outside option enhances cooperation in the prisoner's dilemma game, if the payoff for mutual defection is negative, subjects' tendency to avoid losses leads them to cooperate; while this tendency makes them stick to mutual defection if its payoff is positive, subjects use probabilistic start and endeffect behavior.

In this paper, we show that Case-based decision theory, proposed by Gilboa and Schmeidler :605–639, 1995), can explain the aggregate dynamics of cooperation in the repeated Prisoner’s Dilemma, as observed in the experiments performed by Camera and Casari. Moreover, we find CBDT provides a better fit to the dynamics of cooperation than does the existing Probit model, which is the first time such a result has been found. We also find that humans aspire to a payoff above the mutual (...) defection outcome but below the mutual cooperation outcome, which suggests they hope, but are not confident, that cooperation can be achieved. Finally, our best-fitting parameters suggest that circumstances with more details are easier to recall. We make a prediction for future experiments: if the repeated PD were run for more periods, then we would be begin to see an increase in cooperation, most dramatically in the second treatment, where history is observed but identities are not. This is the first application of Case-based decision theory to a strategic context and the first empirical test of CBDT in such a context. It is also the first application of bootstrapped standard errors to an agent-based model. (shrink)

The publish-or-perish paradigm is a prevailing facet of science. We apply game theory to show that, under rather weak assumptions, this publication scenario takes the form of a prisoner’s dilemma, which constitutes a substantial obstacle to beneficial delayed publication of more complete results. One way of avoiding this obstacle while allowing researchers to establish priority of discoveries would be an updated “pli cacheté”, a sealed envelope concept from the 1700s. We describe institutional rules that could additionally favour high-quality work (...) and publications and provide examples of such policies that are already in place. Our analysis should be extended to other publication scenarios and the role of other stakeholders such as scientific journals or sponsors. (shrink)

I discuss three puzzles of probability theory which seem connected with problems of direct reference and rigid designation. The resolution of at least one of them requires referential use of definite descriptions in probability statements. I argue that contrary to common opinion all these puzzles are in a way still unsolved: They seem to exemplify cases in which a change of probabilities is rationally required, even though any specific change presupposes unjustified assumptions.

This article discusses the fortuitous genesis of the book of my conversations with Angela Y. Davis, Abolition Democracy and traces some of the intellectual and philosophical sources that informed the specific questions and approaches that inform the dialogue. Davis’ relationships to Georg Rusche and Otto Kirchheimer, as well as to Foucault, are discussed. Similarly, Davis’ place within a critical black American political-philosophical tradition is analyzed. The essay focuses mainly, however, on the way in which Davis’ work on the prison (...) industrial complex profiles an unsuspected contribution to political philosophy that links up the disciplinary origins of American democracy with its racial contract to give rise to the prison contract. In the tradition of Charles Mills, Davis’ radical theory of penality unmasks and denounces the over-determined relationship between surplus punishment and the racial character of the US polity in terms of theproductivity of the prison system. (shrink)

While most of Gramsci's party work is well known to education scholars of Gramsci, and the educational aspects of his writings have been repeatedly analyzed, what remains a constant in education‐based Gramsci studies is the nearly universal minimization of this work for what it was, namely party work. For Gramsci, it would have been unthinkable to consider this work outside the framework of a revolutionary party. Yet, for contemporary educational scholars it seems unthinkable to consider Gramsci's work within the framework (...) of a revolutionary party. The goals of this article are to outline Gramsci's interrelated conceptualization of the roles of the revolutionary party; the nature of education within and by the revolutionary party; and the aims of party education. For considerations of space, I limit this analysis to Gramsci's pre‐prison praxis, the period of his active militancy in the PSI and the PCI. I conclude the article with what I consider to be lessons with continued relevance from Gramsci's praxis for the socio‐political economic context faced by today's radical educators. (shrink)

Schools of economic ethics inspired by Buchanan propose viewing ethical conflicts as prisoners’ dilemmas to facilitate solutions based on Pareto-improving institutional changes. Given that healthcare is determined by complex institutional arrangements, it has been claimed that this approach is also suitable for business ethics in healthcare. To scrutinize this claim, this research systematically searched for studies reporting PD structures in healthcare. PubMed, EconLit, and EconBiz were searched to find articles in German and English. Study type, characteristics of the game, and (...) the proposed means to overcome the dilemma were extracted and analyzed for aspects supporting or challenging the claim. Across 53 studies, 68 descriptions of various dilemmas in healthcare and public health were identified. Many authors successfully developed proposals for institutional change to overcome these dilemmas. However, many of these analyses exhibited limitations such as oversimplifications or inconsistencies. Also, the quality of evidence on both the characteristics of dilemmas and the effectiveness of proposed solutions was very poor. The subsamples of studies that explicitly cited the ethical approach were disjunct from those that applied empirical methods to analyze the dilemmas. The large number of identified PDs indicates that economic ethics is relevant to healthcare. However, there is a need for further evidence to substantiate both the descriptive and prescriptive claims of this ethical theory. It should thus be seen as a complement that needs justification, rather than a substitute superior to other ethical frameworks. (shrink)

This chapter will discuss ethical issues connected with neuroscientific research on prisoners, focusing specifically on whether participating in such research should always be disregarded when making decisions about early release from prison. It was once routine in some jurisdictions for a prisoner’s participation in medical research to count as “good behaviour”, which could be given weight in decisions about early release. However, medical ethicists now widely regard this practice as ethically problematic, because prisoners might feel pressurised to participate in (...) medical research programmes by the desire to escape a coercive and harsh prison environment, and thus their agreement to take part in the programme might not satisfy the freedom requirement for valid consent. Yet, there may be a tension between traditional medical ethics and theories of punishment (a tension which also arises in other contexts at the interface between medicine and punishment). From the perspective of retributive or communication/reform-based theories of punishment, it might seem unfair for parole boards to disregard willingness to participate in medical research, if the prisoner were motivated by altruistic considerations. This altruism might indicate that the prisoner “deserves” a shorter sentence or may be a sign that the prisoner has reformed. This chapter will consider whether/how this tension between traditional medical ethics and penal theories can be resolved. For example, if the medical research involves relatively safe interventions such as fish oil pills or transcranial direct current stimulation (tDCS), then the above-mentioned worries about prisoners’ ability to provide free consent may be less pressing than if the risks of side-effects were greater. Furthermore, the validity of consent also seems to depend partly on whether the prison conditions are humane or excessively harsh. In addition, problems also arise in this context from within penal theories. Ironically, transparency about what factors will be taken into account in decisions about early release, which would presumably be encouraged by communication/reform theories, could raise the possibility that the prisoner was motivated to participate in the research programme by a desire for early release rather than altruism, thus making it harder to determine whether participation is a genuine sign of reform. (shrink)

The focus of this article will be on inserting the words of older women in prison into debates on time, agency and gendered identities in total institutions. Specifically, the article will address the complexity and contradictions of the time of ‘a mediated real’, and how this impacts on embodied identities within prison timescapes. This will be explored through looking at how prison-time as a ‘somatic identity cipher’ functions performatively in the construction of older women’s identities. The article (...) will also examine how female elders in prison become agents and negotiate techniques of discipline. The role of prison-time will be shown to be simultaneously experienced as further punishment while also being resisted as we draw out the relationship between temporality, spaces of incarceration and identification. First, we will locate the field in terms of issues of theory and method. Then we will look at performativity, identity and time in negotiating, acquiescing to and resisting the identity ‘prisoner’. This will enable us to understand the role and meaning of time in relation to how females in prison are compelled to reiterate and negotiate the identity ‘prisoner’ within the discipline of ‘the time of incarceration’. We hope to demonstrate through the voices of the women that there is no single abstract imprisoned body. These are real bodies, fleshy, sensate bodies that experience real pain; at the same time, these bodies are not simply given but also interpreted, mediated and in part constituted in social and cultural meanings. This enables us to show that the body can be both a generator and receptor of meanings. (shrink)

In a recent issue of this journal, C. L. Sheng claims to havesolved andexplained the Prisoner's Dilemma (PD) by studying it ‘from a moral point of view’ - i.e., by assuming that each player feels sympathy for the other. Sheng does not fully clarify this claim, but there is textual evidence that his point is this: PD's arise only for agents who feel little or no sympathy for each other; they cannot arise in the presence of a high degree of (...) reciprocal sympathy. A high degree of such sympathysolves the PD in that it prevents PD's from arising, and a low degree of itexplains the PD in that it provides an essential condition for the occurrence of that game. This thesis is false, as some examples show. These examples are important; they prevent us from underestimating the problem posed by the PD. (shrink)

In the following ethnography of the California Coalition of Women Prisoners (CCWP), who exist at the forefront of feminist prison activism, I address canonical feminist debates focused on the relationship between subjectivity, experience, knowledge, and power by closely following an explicit attempt at political reform by and for women. I argue that feminist prison activists' attempts to reform the American prison system reveal why feminist theorists must remain committed to a specific, contextual, and localized analysis of the (...) prospects for political empowerment. (shrink)

For six decades, scholars have relied on Erving Goffman’s (1961) theory of total institutions to understand prison culture. Viewing prisons as total institutions offers insights into role performance and coercive control. However, mounting evidence suggests that prisons are not, in fact, total institutions. In this article, I first trace two credible challenges to the idea of prison as a total institution based on existing data: that prison gates open daily and that prisons operate within a context (...) of overlapping surveillance and punishment supported by broader political and economic interests. Second, I draw on empirical findings from my own yearlong ethnographic study inside one U.S. state women’s prison to illuminate a third challenge to the total institution paradigm. Using religion in prison as a case study, I describe the process of institutional infusion, in which an outside institution proffers attitudes, practices, and resources that individuals may draw on to shape their material and interpretive experiences within a host institution. Prisons are structured to accommodate institutional infusion, further calling their totality into question. I conclude that we can learn far more about the realities and inequalities of the prison experience by viewing prisons as porous institutions. (shrink)

This article examines Thomas Hobbes’s notorious claim that “fear and liberty are consistent” and therefore that agreements coerced by threat of violence are binding. This view is to a surprising extent inherited from Aristotle, but its political implications became especially striking in the wake of the English Civil War, and Hobbes recast his theory in far-reaching ways between his early works and Leviathan to accommodate it. I argue that Hobbes’s account of coercion is both philosophically safe from the most (...) common objections to it and politically superior to the seemingly commonsensical alternatives that we have inherited from Hobbes’s critics. (shrink)

Care appears prima facie antithetical to punishment. Since the overlaps between care and punishment are greater than we paradigmatically expect, care ethics offers a more accurate account of prisons: recognising and critiquing both dehumanising carceral violence, and the necessity, presence, and inadequacies of penal care, as well as unlocking ways of thinking differently about structural change without losing sight of individual issues. After introducing care ethics and evidencing the presence of caring practices in present prisons, the article considers how we (...) punish, in terms of the amount, method, and manner. Treating people in punishment as moral equals is important for liberal deontological penal theories. Treatment as equals requires context. Context is intrinsic to care‐ethics praxis, which provides methods of and standards for accessing and applying this information. (shrink)

After reviewing the use of isolation in US prisons and public restrooms to confine transgender people in solitary cells and single‐occupancy bathrooms, I propose an explanatory theory of eliminative space. I argue that prisons and toilets are eliminative spaces: that is, spaces of waste management that use layers of isolation to sanctify social or individual waste, at the outer and inner limits of society. As such, they function according to an eliminative logic. Eliminative logic, as I develop it, involves (...) three distinct but interrelated mechanisms: 1) purification of the social center, through 2) iterative segregation, presuming and enforcing 3) the reduced relationality of marginal persons. By evaluating the historical development and contemporary function of prisons and restrooms, I demonstrate that both seek to protect the gender binary through waves of segregation by sex, race, disability, and gender identity. I further argue that both assume the thin relationality of, in this case, transgender people, who are conceived of as impervious to the effects of isolation and thus always already isolable. I conclude that, if we are to counter the violence of these isolation practices, we not only need to think holistically about eliminative spaces and logic, but also to richly reconceptualize relationality. (shrink)

n the spatialized Prisoner’s Dilemma, players compete against their immediate neighbors and adopt a neighbor’s strategy should it prove locally superior. Fields of strategies evolve in the manner of cellular automata (Nowak and May, 1993; Mar and St. Denis, 1993a,b; Grim 1995, 1996). Often a question arises as to what the eventual outcome of an initial spatial configuration of strategies will be: Will a single strategy prove triumphant in the sense of progressively conquering more and more territory without opposition, or (...) will an equilibrium of some small number of strategies emerge? Here it is shown, for finite configurations of Prisoner’s Dilemma strategies embedded in a given infinite background, that such questions are formally undecidable: there is no algorithm or effective procedure which, given a specification of a finite configuration, will in all cases tell us whether that configuration will or will not result in progressive conquest by a single strategy when embedded in the given field. The proof introduces undecidability into decision theory in three steps: by (1) outlining a class of abstract machines with familiar undecidability results, by (2) modelling these machines within a particular family of cellular automata, carrying over undecidability results for these, and finally by (3) showing that spatial configurationns of Prisoner’s Dilemma strategies will take the form of such cellular automata. (shrink)

This is the first of David Pears's acclaimed two‐volume work on the development of Wittgenstein's philosophy, covering the pre‐1929 writings. Part I of the first volume consists in a brief but eloquent overview of Wittgenstein's philosophy as a whole; Part II critically examines the earlier system, delineating and evaluating the central ideas (logical atomism, picture theory of meaning, and solipsism) with intellectual rigour and clarity. Pears succeeds in both offering an original realist interpretation of Wittgenstein's earlier thought, one that (...) has found many followers, and in demarcating a structural framework that makes the internal organization of Wittgenstein's philosophy as a whole more accessible. (shrink)

Several critics have argued that private prisons are not only problematic because of their worse effects but also intrinsically wrong. This article analyzes two prominent arguments for this claim: the representation argument and the condemnation argument. The conclusion is that these arguments fail to show that there is something intrinsically wrong about private prisons. This is especially true if the arguments are extended to non-profit private prisons under social injustice contexts that states are responsible for. In such cases, non-profit private (...) prisons might not only be on a par with public prisons but be preferable to them. However, the arguments are also insufficient to oppose every conceivable for-profit private prison. (shrink)

The Island of Rottnest is commonly known to Noongar people as Wadjemup, “place across the river” or from its colonial connections the “Isle of Spirits”. Rottnest is located approximately 18 km off the coast of Western Australia, near Fremantle, and is world-renowned as a tourism precinct. The island’s hidden history of Aboriginal incarceration, dispossession and death within the Panopticon-inspired Quod prison is less well known. Foucault is eminently known for his theories around panopticism, at least by any student of (...) cultural and critical theory in the last few decades. Foucault’s based on the 18th-century social reformer Jeremy Bentham’s idea that prisoners could be controlled and reformed by creating the illusion that they were at all times under surveillance. This paper investigates the Panopticon’s influence on one of the oldest cultures in the world – Australian Aboriginals in the western state of the continent – who were, from 1864, incarcerated in a Panopticon-influenced building referred to as the Quod. The incarceration dehumanized, dispossessed and colonized proud people. (shrink)

This paper examines the problem of alternatives to the prison in order to problematize the prison as an institution, as a form of punishment and as a system for promoting respect for the law. It argues that the mechanisms that were central to the prison during the 19th century, such as the practice of penitence as a principle of rehabilitation, the family as agent of correction, or as agent of legality, and labour as a fundamental instrument for (...) punishment, still operate today, if in altered forms, in both the conventional and alternatives types of prison. The prison has been a factory for producing criminals; this production is not a mark of its failure but of its success. Prison manages control over illegalities by means of a whole set of apparatuses that manage their reorganization, redistributing them according to an economy of illegalisms. It may well be that changes in the economy and in the mechanisms for regulating populations mean that the carceral functions of the prison are today being disseminated at the level of the social body, so that they would now operate beyond the space of the prison through multiple instances of control, surveillance, normalization and re-socialization. The question of the prison cannot be resolved or even posed in terms of a simple penal theory. Neither can it be posed in tems of a psychology or sociology of crime. The question of the role and possible disappearance of the prison can only be posed in terms of an economy and a politics, that is, a political economy of illegalisms. (shrink)

In the game theory literature, Garrett Hardin’s famous allegory of the “tragedy of the commons” has been modeled as a variant of the Prisoner’s Dilemma, labeled the Herder Problem (or, sometimes, the Commons Dilemma). This brief paper argues that important differences in the institutional structures of the standard Prisoner’s Dilemma and Herder Problem render the two games different in kind. Specifically, institutional impediments to communication and cooperation that ensure a dominant strategy of defection in the classic Prisoner’s Dilemma are (...) absent in the Herder Problem. Their absence does not ensure that players will achieve a welfare-enhancing, cooperative solution to the Herders Problem, but does create far more opportunity for players to alter the expected payoffs through cooperative arrangements. In a properly modeled Herder Problem—along the lines of an assurance game—defection would not always be the dominant strategy. Consequently, the Herder Problem is not in the nature of a Prisoner’s Dilemma. (shrink)

In Bermúdez 2013 I argued against David Lewis’s well-known and widely accepted claim that Newcomb’s problem and the prisoner’s dilemma are really notational variants of a single problem. Mark Walker’s paper in this journal takes issue with my argument. In this note I show how Walker’s criticisms are misplaced. The problems with Walker’s argument point to more general and independently interesting conclusions about, first, the relation between deliberation and decision and, second, the differences between the prisoner’s dilemma, which is a (...) strategic choice problem, and Newcomb’s problem, which is a parametric choice problem. (shrink)

Evolutionary applications of game theory present one of the most pedagogically accessible varieties of genuine, contemporary theoretical biology. We present here Oyun (OY-oon, http://charlespence.net/oyun), a program designed to run iterated prisoner’s dilemma tournaments, competitions between prisoner’s dilemma strategies developed by the students themselves. Using this software, students are able to readily design and tweak their own strategies, and to see how they fare both in round-robin tournaments and in “evolutionary” tournaments, where the scores in a given “generation” directly determine (...) contribution to the population in the next generation. Oyun is freely available, runs on Windows, Mac, and Linux computers, and the process of creating new prisoner’s dilemma strategies is both easy to teach and easy for students to grasp. We illustrate with two interesting examples taken from actual use of Oyun in the classroom. (shrink)

Carceral spaces such as prisons are designed to restrict freedoms and keep inhabitants confined and under surveillance through various mechanisms. As a result, prisons are spaces where movement is restricted through confinement, while prisoners’ ability to move is conflated with freedom. We aim to move beyond this dichotomy and consider a complex rethinking of the body in criminological theory and practice through dance in carceral space. In doing so, we explore under what conditions movement represents agentic practices. Understanding these (...) nuances requires an interrogation of prisoner agency, including prisoners’ subtle maneuverability of power dynamics within the prison. We explore these dynamics using feminist and arts-based methods, specifically dance workshops delivered to twenty participants incarcerated in a Canadian provincial women’s prison. We find that movement and expression in prison may create moments of agentic freedom for incarcerated women under certain conditions. We argue that more nuanced understandings of incarcerated women’s agency can be found in their daily negotiations of time and space, and movement can provide numerous meanings. Our findings suggest arts-based approaches within prison environments create opportunities for women to express their identity and sexuality through movement in ways otherwise not permitted in prison. For many incarcerated women in this study, this sense of freedom may be associated with the ability to focus and take care of themselves while confined. (shrink)

Aside from making a few weak, and hopefully widely shared claims about the value of privacy, transparency, and accountability, we will offer an argument for the protection of privacy based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. After briefly sketching an account of the value of privacy, transparency, and accountability, along with the salient features of a prisoner’s dilemma games, a game-theory analysis will be offered. In (...) a game where both players want privacy and to avoid transparency and the associated accountability, the dominant action will be to foist accountability and transparency on the other player while attempting to retain one’s own privacy. Simply put, if both players have the ability or power to make the other more accountable and transparent, they will do so for the same reasons that player’s defect in a prisoner’s dilemma game. Ultimately this will lead to a sub-optimal outcome of too much accountability and transparency. While there are several plausible solutions to prisoner dilemma games, we will offer both technical, as well as, law and policy solutions. We need to change the payoffs of the game so that is it in everyone’s interest to balance privacy and accountability rather than foisting transparency on others. (shrink)

_The Autobiography of Malcolm X_ highlights the eponymous subject’s conversion from aimless rage and criminality to a form of militant study while in prison, a conversion dedicated to understanding the societal foundations of power and racial inequality. Central to this understanding is the idea that new philosophical perspectives and ‘thought-patterns’ are necessary to reprogramme dominant or ‘brainwashed’ mindsets towards organising political resistance. In this article, I explore Malcolm X’s concepts of ‘conversion’ and ‘prison’, identifying them, not only as (...) mere spatiotemporal locations, but also as larger frames in which Malcolm conceives of domination and freedom. I identify Malcolm’s three-aspect account of domination through which radical education and mental liberation drive his project of Black nationalism. I then consider the significance of an unexpected ally invoked by Malcolm: the 17th century philosopher Benedict de Spinoza, described as a ‘Black Spanish Jew’ and presented as an oppositional figure to the western philosophical canon. While this alliance is partly rhetorical, if overlooked, both work through problems of ‘epistemic agency’ and ‘democratic civic agency’ as vital for ameliorating domination and enhancing freedom. Malcolm and Spinoza offer distinct but significant contributions to ideas of domination and freedom in terms of both an individual and a collective capacity to think and act. (shrink)