Active and targeted reforms at the local and state levels have had success reducing youth incarceration rates. While most agree the work is not done, reform of the youth incarceration system has had important successes. At the same time, activists and advocates have increasingly rejected the goal of reforming youth prisons in favor of abolishing them. I outline some objections to prominent abolitionist arguments. Specifically, I show why arguments that focus on the racist historical origins of the incarceration system, (...) structural injustices within that system, or the inefficiency or harms of the current system justify reform of youth imprisonment practices, not complete elimination of them. By advancing these critiques, I do not claim to show that the reformist perspective is superior to the abolitionist one. Instead, I aim to identify an argumentative burden that abolitionists must address if they are to give reformers good reason to become abolitionists. (shrink)

Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of torture expresses (...) and reinforces the moral exclusion of those subjected to it, particularly African Americans. Importantly, this moral exclusion and the experience of torture may be created and reinforced through institutional practices independently of the intentions of individuals acting within those institutions. By prioritizing torture victims’ experiences and severing the link between torture and intention, my account forces a recognition that, far from being inconsistent with U.S. values, torture is deeply embedded within U.S. institutions. (shrink)

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 Is public interest outdated and free-riding rational?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)

We make the case that the Prisoner’s Dilemma, notwithstanding its fame and the quantity of intellectual resources devoted to it, has largely failed to explain any phenomena of social scientific or biological interest. In the heart of the paper we examine in detail a famous purported example of Prisoner’s Dilemma empirical success, namely Axelrod’s analysis of WWI trench warfare, and argue that this success is greatly overstated. Further, we explain why this negative verdict is likely true generally and not just (...) in our case study. We also address some possible defenses of the Prisoner’s Dilemma. (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)

Prison, porsuing the work of Erwing Goffman, and Paul Valéry, au-delá of Victor Turner.

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)

The deceptive strangeness of prescience in Dune is typical of Herbert's ideas. The ancient Babylonians were able to systematically predict astronomical events, but contemporary astrophysicists can forecast distant events beyond the Babylonians’ wildest dreams. Herbert describes the prescience of characters like Paul as a hyperawareness of possibilities and probabilities given certain choices, rather than being able to examine a fixed future. Common sense suggests that prescience should help us live together better. The Prisoner's Dilemma can be interpreted in different ways, (...) but the basic logic is always the same. The Prisoner's Dilemma is an imaginary interaction between “prisoners,” but it actually might make more sense with prescient characters from the Duniverse. Stuart Hampshire argued that self‐knowledge tends to have the opposite effect – that it makes us freer. Prescience is a vastly expanded understanding of possible and probable consequences given information and choices, not the observation of a fixed future. (shrink)

The United States carceral system, as currently designed and implemented, is widely considered to be an immoral and inhumane system of criminal punishment. There are a number of pressing issues related to this topic, but in this essay, I will focus upon the problem of prison violence. Inadequate supervision has resulted in unsafe prison conditions where inmates are regularly threatened with rape, assault, and other forms of physical violence. Such callous disregard and exposure to unreasonable risk constitutes a severe violation (...) of the rights of prisoners by the state. While there have been numerous legal, political, and activist efforts to draw attention to this issue—with the goal of reforming and making prisons safer—my goal is different. I argue that inmates who are victims of prison violence should have their sentences automatically reduced. Two distinct arguments are advanced in support of this claim. First, I argue that acts of prison violence are a sort of state-mediated harm which can thus be appropriately described as punishment-constituting. Second, and more straightforwardly, I argue that the compensation owed to prisoners who are victims of prison violence may naturally take the form of a reduced sentence. (shrink)

The recent trend toward privately owned and operated prisons calls attention to a variety of issues involving human rights. The growing number of corporatized correctional institutions is especially notable in the United States, but it is also a global phenomenon in many countries. The reasons cited for privatizing prisons are usually economic; the opportunity to outsource prison services enables local political leaders to save tax revenue, and local communities are promised a chance to create new jobs and bring (...) in a new industry. This article will address the history of prisons and the recent trend toward privatizing prisons and the perception of prisons as a for-profit enterprise. This new economic order brings with it a set of human rights concerns, including the relationship of for-profit prisons to increased numbers of incarcerated persons and increased sentences, racism and classism. The contractual relationship between political leaders and prison corporations will be addressed, noting that conditions of liability frequently mean that prison administrations lack motivation to safeguard the human rights of prisoners. The human rights issues often extend outside of the private prison itself, having a negative effect on the local community. (shrink)

This article introduces a strategic decision-game theoretic approach, the Pardoner’s Dilemma, and juxtaposes it with the Prisoner’s Dilemma. Game theory has emerged as a significant approach in the twentieth century for explaining strategic decision-making in numerous arenas, including economics, business, politics, ethics, international relations, biology, law, and war studies. ‘Game theory’ explains how and why players/actors/agents cooperate or conflict to procure their self-interests in a social world. Life is a game, and human, corporate, and artificial intelligent agents are players who (...) play different games to maximise utility or minimise disutility. The Prisoner’s Dilemma is a promising game-theoretic approach that explains strategic decision-making in zero-sum and non-zero-sum games. ‘Strategic decision-making’ means that the outcome does not depend upon the actions of a player but upon all players. There are numerous essential game strategies, including tossing, negotiation, bargaining, balloting, competition, chance, power, and arbitration. Although the Prisoner’s Dilemma is a good game-theoretic approach, it does not allow players to use the key game strategies. In contrast, Pardoner’s Dilemma is a game theoretic approach that not only explains zero-sum and non-zero-sum games but also allows the players to use different game strategies, such as negotiation, bargaining, tossing, chance, balloting, competition, arbitration, and power. The article develops and defends the Pardoner’s Dilemma in the game-theoretic approach as an alternative to the Prisoner’s Dilemma. The article claims that the Pardoner’s Dilemma is a more promising approach than the Prisoner’s Dilemma in the decision-game theoretic framework. By introducing the Pardoner’s Dilemma, the article enhances the scope of decision/game theory in social sciences. (shrink)

This article examines the prisoner's dilemma paradox and argues that confessing is the rational choice, despite this probably entailing a less-than-ideal outcome.

Why do public philosophy in prisons? When we think about the value and aims of public philosophy there is a well-entrenched tendency to think in transactional terms. The academy has something of value that it aims to pass on or transmit to its clients. Usually, this transaction takes place within the confines of the university, in the form of transmission of valuable skills or knowledge passed from faculty to students. Public philosophy, construed within this transactional mindset, then consists in (...) passing on something valuable from inside the academy to the outside. In this paper, we reflect on our experiences of taking philosophy into prisons and argue that making the case for public philosophy in general, and philosophy in prisons in particular in these transactional terms risks obscuring what we take to be a distinctive and valuable outcome of public philosophy. Importantly, it risks obscuring what those who participate in a particular kind of public philosophy – including the professional philosophers – experience as valuable about the activity: its transformational potential. (shrink)

I argue that given the persistent injustice present within the Prison Industrial Complex in the United States, many incarcerated individuals would be justified in attempting to escape and that these prison breaks may qualify as acts of civil disobedience. After an introduction in section one, section two offers a critique of the classical liberal conception of civil disobedience envisioned by John Rawls. Contrary to Rawls, I argue that acts of civil disobedience can involve both violence and evasion of punishment, both (...) of which are necessary components of prison breaks. In section three I outline the broad circumstances in which escape attempts would be justified, which are when individuals have either been incarcerated on unjust grounds (such as coercive plea bargains, draconian laws, or institutionalized discrimination) or when individuals are subject to inhumane conditions within prison (such as physical or sexual abuse, inadequate medical care, and overcrowding). Although this framework is formulated with the U.S. criminal justice system in mind, it is potentially applicable to other instances of incarceration if they’re similarly unjust such as prisons in other countries, migrant detention centers, or psychiatric wards. I then outline four requirements which must be met for these prison breaks to qualify as civil disobedience. First, escape must be attempted as a last resort. Second, violence and other law-breaking must be reasonable, meaning it is done with precision, discretion, and proportion. Third, escapees hold the burden of proving they have been subject to injustice. Fourth and finally, the act of escape must contain other key components of civil disobedience such as persuasion, communication, and publicity, which will most likely be accomplished via coordination with non-incarcerated individuals. In section four I address the distinction between prison reform and abolition. (shrink)

Lisa Tessman (2016: 164) recounts the case of a Jewish mother, running from Nazis, who faced a terrible choice. She could (a) drown her infant, or (b) accept the virtual certainty that her baby’s cries would doom the refugee group she was fleeing with. Given those options, (b) is worse. If the whole group is discovered, many will die, including the infant. Still, preemptively drowning a baby—indeed one’s own baby—is a terrible act. To make sense of cases like this, Tessman (...) turns to the concept of moral failure: an act that violates an important moral value such that the loss cannot be fully redeemed by gains elsewhere. I will argue that criminal justice needs a moral framework like Tessman’s. It needs to make sense of the fact that some options are genuinely better than others, without letting honorifics like ‘justice’ obscure the equally important fact the best available option might be terrible. More specifically, I will argue that when punishment involves prison, as it often does, it is a moral failure. It can be justified only in the sense that preemptively drowning an infant can be justified: like the fleeing mother, society might on some terrible occasions find itself with no better alternative. (shrink)

Prisoners, those who probably engaged in criminal activities, might possess different perceptions and notions of moral foundations than non-prisoners. Thus, assessing such foundations among the population without testing the validity of the measure may produce biased outcomes. To address the potential methodological issue, we examined the validity of the measurement model for moral foundations among prisoners and community members, i.e., non-prisoners. We conducted the measurement invariance test and measurement alignment to test whether the model was consistently valid across the groups. (...) We also employed the differential item functioning test to examine whether item responses were not biased between the different populations. Results demonstrated significant measurement non-invariance and differential item functioning. However, measurement alignment could address the non-invariance issue. Between-group comparisons of moral foundations were consistent with findings from prior research after performing the alignment. (shrink)

A core presumption of object oriented ontology and other speculative realisms is that there is a world independent of the mind that can be successfully inquired and should take center stage in our reflections again. A profound case for this realist presumption is found in Meillassoux’s After Finitude. He aims to secure our access to reality as it is in itself by refuting correlationism according to which we cannot escape reality as it is thought by us. He presents three arguments: (...) ancestrality, facticity and mathematization. On the first argument correlationism fails because it cannot render scientific statements about an universe anterior to us meaningful. I address the worry that he might not take this to be a real argument against correlationism and argue that it in any case fails. On the second argument correlationism is flawed since it remains committed to absolute possibilities. I argue that this argument is untenable as well. On his third argument correlationism fails because science reveals a mathematically describable reality indifferent to our existence. I argue that the almost perfect mathematization of nature can actually be cashed out as an argument for correlationism. I conclude by proposing an alternative way of showing that mathematics is the language of the absolute understood as a radical contingent hyperchaos. (shrink)

The iterated Prisoner’s Dilemma has become the standard model for the evolution of cooperative behavior within a community of egoistic agents, frequently cited for implications in both sociology and biology. Due primarily to the work of Axelrod (1980a, 198Ob, 1984, 1985), a strategy of tit for tat (TFT) has established a reputation as being particularly robust. Nowak and Sigmund (1992) have shown, however, that in a world of stochastic error or imperfect communication, it is not TFT that finally triumphs in (...) an ecological model based on population percentages (Axelrod and Hamilton 1981), but ‘generous tit for tat’ (GTFT), which repays cooperation with a probability of cooperation approaching 1 but forgives defection with a probability of l/3. In this paper, we consider a spatialized instantiation of the stochastic Prisoner’s Dilemma, using two-dimensional cellular automata (Wolfram, 1984, 1986; Gutowitz, 1990) to model the spatial dynamics of populations of competing strategies. The surprising result is that in the spatial model it is not GIFT but still more generous strategies that are favored. The optimal strategy within this spatial ecology appears to be a form of ‘bending over backwards’, which returns cooperation for defection with a probability of 2/3 - a rate twice as generous as GTFT. (shrink)

"From the Proceedings of the British Academy, London, volume LXV (1979)" - title page. Series: Henrietta Hertz Trust annual philosophical lecture -- 1978 Other Titles: Proceedings of the British Academy. Vol.65: 1979.

This paper asks whether prisoners should have access to Pell Grants, for which they are currently ineligible. In the first section, the author considers philosophical arguments relating to the present ban by examining traditional concerns of deterrence, rehabilitation, and retribution. The second section explores two arguments against a more inclusive Pell Grant policy. In the third section the author argues that restoring higher education grants to prisoners is compelling, especially when one considers issues of race and class. The paper concludes (...) by using Erich Fromm’s social theory to call into question the justice, ethics, and rationality of those societies that normalize mass incarceration. (shrink)

Two of the most important ideas in the philosophy of law are the “Coase Theorem” and the “Prisoner’s Dilemma.” In this paper, the authors explore the relation between these two influential models through a creative thought-experiment. Specifically, the paper presents a pure Coasean version of the Prisoner’s Dilemma, one in which property rights are well-defined and transactions costs are zero (i.e. the prisoners are allowed to openly communicate and bargain with each other), in order to test the truth value of (...) the Coase Theorem. In addition, the paper explores what effect (a) uncertainty, (b) exponential discounting, (c) and elasticity have on the behavior of the prisoners in the Coasean version of the dilemma. Lastly, the paper considers the role of the prosecutor (and third-parties generally) in the Prisoner’s Dilemma and closes with some parting thoughts about the complexity of the dilemma. The authors then conclude by identifying the conditions under which the Prisoner’s Dilemma refutes the Coase Theorem. (shrink)

This paper reviews six attempts to give cooperative solutions to Prisoners Dilemmas: symmetry (agents are in identical situations, so should choose the same way, so should both choose cooperation because that’s better for each), mechanism (each agent should delegate the decision to a machine which will choose cooperation for them provided the other does likewise), inducement (the agents should make a side bet which pays off only upon both cooperating), resolution (each agent should resolve to cooperate, then act on the (...) resolution), alternative principle (rationality requires not dominance reasoning and so defecting, but constrained maximization or resolution compliance or “sophisticated” choosing, and so cooperation), and preference revision (each agent should acquire conditional preferences to cooperate, then cooperate provided the other agent has acquired similar preferences). It distinguishes one-stage from two-stage games, as well as endogenously available solutions (ones available to agents in the circumstances of the game merely due to the nature of rationality) from solutions requiring exogenous devices. It contrasts Edward McClennen’s endogenous solution, which is some combination of resolution and alternative principle solution, with David Gauthier’s endogenous alternative principle solution. It argues that all have problems, ones best solved by the endogenous preference revision solution defended by Duncan MacIntosh. (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)

Robert Nozick, in chapter two of the nature of rationality, proposes two famous problems in decision theory (i.e., Newcomb's problem and Prisoner Dilemma) and two main strategies toward these problems i.e. dominant strategy and dominated or cooperative one. He will try to give a formal principles to calculate the decision values in these situations. In this calculation he goes beyond the standard principle of maximizing expected utility and would try to put forth less ideal and more realistic principles that fit (...) the decision situation in the real world. (shrink)

The word “intolerance” bears almost exclusively negative connotations. It is treated invariably, almost ideologically as a vice. What would it mean to reconceive of intolerance as a virtue—or, at the very least, a positive affect? In this essay, I analyze two complementary archives of positive intolerance: the records of the Prisons Information Group (the GIP) and the writings of one of its members: Michel Foucault. For the GIP, intolerance—as a militant refusal of intolerable material and political conditions—is essential to (...) the prison activist effort. Relatedly, for Foucault, scholarship—as the creative and/or critical act of naming and changing public awareness of intolerable conditions—can be a mode of political intolerance against an oppressive state. When paired together, these two archives trouble the easy severance of theory and practice, suggesting both that prison resistance efforts involve intellectual assessments of the intolerable and that engaged scholarship often doubles as intolerant activism. Both archives, moreover, agree that such intolerant activism is always rooted in personal investments and local struggles. This analysis allows me to suggest that, if the struggle against forces of marginalization and exploitation mobilizes resistant intolerance as a political and intellectual strategy, then intolerance may very well be commendable. It might, in fact, be virtuous. (shrink)

Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...) of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (shrink)

For the tradition, an action is rational if maximizing; for Gauthier, if expressive of a disposition it maximized to adopt; for me, if maximizing on rational preferences, ones whose possession maximizes given one's prior preferences. Decision and Game Theory and their recommendations for choice need revamping to reflect this new standard for the rationality of preferences and choices. It would not be rational when facing a Prisoner's Dilemma to adopt or co-operate from Amartya Sen's "Assurance Game" or "Other Regarding" preferences. (...) But there are preferences which it maximizes to adopt and co-operate from. (shrink)

Respect for victims requires that we have social systems for punishing and condemning (reproving) serious crimes. But, the conditions of social marginalization and political subordination of the communities from which an overwhelming number of prisoners in the United States come place serious barriers in the face of effective reprobation. Mass incarceration makes this problem worse by disrupting and disrespecting entire communities. While humanities education in the prisons is far from a total solution, it is one way to make reprobation (...) meaningful, so long as the prison classroom is a place where the educators’ values are also put at risk. (shrink)

Hobbes postulates a social contract to formalize our collective transition from the state of nature to civil society. The prisoner’s dilemma challenges both the mechanics and the outcome of that thought experiment. The incentives for reneging are supposedly strong enough to keep rational persons from cooperating. This paper argues that the prisoner’s dilemma undermines a position Hobbes does not hold. The context and parameters of the social contract steer it safely between the horns of the dilemma. Specifically, in a setting (...) as hostile as the state of nature, Hobbes’s emphasis on self-interest places a premium on survival, and thereby on adaptability, which then promotes progressive concessions toward peaceful coexistence. This transforms the relevant model of rationality from utility maximization to utility satisficing, thus favoring the pursuit of a mutually satisfactory outcome over that of the best personal outcome. The difference not only obviates the prisoner’s dilemma but also better approximates the state of nature while leaving a viable way out. (shrink)

The Prisoner's Dilemma (PD) exhibits a tragedy in this sense: if the players are fully informed and rational, they are condemned to a jointly dispreferred outcome. In this essay I address the following question: What feature of the PD's payoff structure is necessary and sufficient to produce the tragedy? In answering it I use the notion of a trembling-hand equilibrium. In the final section I discuss an implication of my argument, an implication which bears on the persistence of the problem (...) posed by the PD. (shrink)

It is largely unethical to sentence individuals who are addicted to drugs to prison. While substance use can be a crime, it must be treated differently from other crimes because addiction is a psychiatric disorder. Prisons are penal institutions. Legitimate goals of penal sanctions include retribution, deterrence, rehabilitation, and incapacitation.[i] Most of these goals do not speak to those with substance use disorder, and incarceration may be counterproductive given the wide availability of drugs and feeble rehabilitation efforts in prison. (...) Further, it may be the case that substance use disorder impairs an addict’s autonomy, calling into question his criminal culpability. Our understanding of substance use disorder has evolved and our prison sentencing practices must do the same. This paper will first provide background on substance use disorder as a psychiatric disorder. Then, the need to focus on rehabilitating rather than punishing those with substance use disorder who commit crimes will be explored. Finally, this paper will address whether an individual with substance use disorder can be considered culpable for any crime—regardless of severity—and whether that individual’s autonomy is impaired due to his addiction. I conclude that culpability should depend on whether the serious crime would have occurred in the absence of the drug addiction. In most cases, it is unethical to sentence an individual with substance use disorder to prison where other options such as home confinement are available. (shrink)

This paper will focus on the notion of toxic masculinity that has a lot to do with deforming the male identity figure. I am here really concerned with probing within the need of conforming with the traditional masculinity ideology in the East and the West, and how it hinders males from discovering what it means to be a male. Actually, the scope of research in this paper exceeds one culture to include both the Western and the Eastern cultures, which have (...) proved with evidence to share many attributes. I am also revealing how this masculinity has been misinterpreted over the years to encompass weird attitudes and behaviors as suppressing emotions or masking distress or showing violence as an indicator of power. How the idea of the necessity of being “tough all the time” may affect their mental and psychological wellbeing and what is less than that could stigmatize them for being “feminine” or “weak”. In this paper, I will also try to reveal how great sector of women unintentionally feeds this ego of toxic masculinity to their sons since childhood days. By connecting all these factors to the development of the characters in Victor Surge’s novel “Men in Prison”, we are simply highlighting the psychological dimension and consequences of suppressed men. It is regarded as an unfiltered view of humanity in the early 20th century. The depraving brutality that Serge experienced behind bars is mirroring a society subduing men in various levels. I hopefully seek to break down factors that trap men in a certain framework out of which there is no escape. (shrink)

Plea bargains are the stock-in-trade of the modern American prosecutor’s office. The basic scenario, wherein a defendant agrees to plea guilty in exchange for a reduced sentence, is familiar to viewers of police procedurals. In an equally famous variation on the theme, the prosecutor requests something more than an admission of guilt: leniency will only be forthcoming if the defendant is willing to cooperate with the prosecutor in securing the conviction of another suspect. In some of these cases, the defendant (...) is a low-level criminal who has information on a high-level malefactor who is of more interest to the police. In others, the defendant and the person she is asked to testify against are of the same criminal rank, but evidentiary weaknesses induce the prosecutor to seek the aid of one suspect in order to convict the other. In this latter version, the classic tactic of film detectives is to offer the bargain to both defendants in the hopes that one will crack and agree to reveal what he knows about the other. The defendants could either be in custody for different crimes or be accomplices in the same offense. -/- The last variation (involving accomplices) is the subject of this Article. I take issue with the prosecutorial tactics in these cases because of the risk they create of punishing the comparatively virtuous person more than the comparatively vicious one for the same acts. As I will argue, it is the less honest person who is more likely to accept the prosecutor’s deal, leading the more honest person, who resisted temptation, to suffer greater penalties. -/- I contend that this scenario offends distributive justice, runs counter to the idea (accepted by some) that a proper goal of the state is the cultivation of good character in the citizenry, and is perverse insofar as a person will suffer more from the prosecutor's dilemma insofar as she is more or less a person of conscience. These negative considerations notwithstanding, I do not call for the abolition of accomplice plea bargaining but argue that the problems I raise should be considered when weighing its pros and cons. -/- This article was published in the company of a strong critical response by Guha Krishnamurthi, whose contribution I greatly appreciate. (shrink)

Methadone maintenance therapy is a cost-effective, evidence-based treatment for heroin dependence. In the USA, a majority of heroin-dependent offenders are forced to detox from methadone when incarcerated. Recent research published in The Lancet has demonstrated the negative health and economic outcomes associated with such policies. Methadone Continuation Versus Forced Withdrawal on Incarceration in a Combined US Prison and Jail: A Randomised, Open Label Trial. The Lancet, 386, 350–359). This novel evidence raises questions as to the justification for current policies of (...) forced detox in American prisons. Opponents of methadone provision in prisons might offer arguments from retributivism, resource allocation and curative effectiveness to justify their position. This article contends that these arguments do not stand up to ethical scrutiny. In light of this, we hold that American policymakers should reform criminal justice policies to allow the initiation and continuation of methadone treatment in correctional settings. This would be consistent with both international recommendations and the example set by a number of other Western countries. (shrink)

In response to criticism following news of the mistreatment of Iraqis at the US prison in Abu Ghraib, some media personalities and politicians suggested that the treatment of these prisoners ‘‘would have been even worse’’ had former Iraqi President Saddam Hussein still been in power. It was hypothesized that the contemplation of this argument has undesirable consequences because counterfactual thinking can elicit both contrastive and assimilative effects. In the reported study, participants considered how the prisoners at Abu Ghraib would have (...) been worse off under Saddam. The results revealed that generating downward counterfactuals made participants feel better about Abu Ghraib (thereby evidencing contrast), and also lowered ethical standards regarding how the US should treat prisoners of war in the future (thereby evidencing assimilation). (shrink)

Abstract: -/- In this paper we discuss how through our bi-weekly Socratic dialogue groups with inmates at the Metropolitan Correctional Center downtown San Diego, we were able to bring the inmates to a sense of aporia or puzzlement. Not only did the dialogues help to uncover assumptions, uncovering the dots, so to speak, but also to help reconnect the dots and see their world from a different perspective. It allowed them to question their lives in a safe and non-judgmental environment. (...) They felt empowered by these dialogues to become their own life’s judges, freeing themselves from feeling oppressed by the judgments of others. (shrink)

This article does three things. First, it asks a new question about transformative education, namely ‘what is the role of power and trust in the decision of whether to transform one’s meaning scheme in the face of new information or whether to simply reject the new information?’ Secondly, it develops a five-stage model which elaborates on the role of this decision in transformative learning. Finally, it uses grounded-theory and the five-stage model to argue that power and trust play an important (...) role in facilitating transformative learning. (shrink)

Using Foucault’s concept of governmentality vis-à-vis Appadurai’s “global ethnoscapes” as frames, I argue for a techno-cultural dimension which brought forth the phenomenon of the “dancing inmates,” an argument against the charge of Filipino colonial mimicry of a Hollywood popular entertainment. Albeit the inmates’ dance routines indeed depict Foucault’s “docile bodies” in his analysis of the modern prison, as pointed out by critics, I am inclined to show how the internet mediation through social media networks awakened a culturally imbibed dance and (...) musical character trait vis-à-vis the jolly cultural disposition of Filipinos. Thus, I view these characteristics as existential responses, hence, ‘creative resilience,’ to the inhuman incarcerating conditions of the prison life through using the art of dance with the aid of media technology. I argue on the role of the internet as the prisoners’ avenue to the outside world that was strategically deprived of them as a form of punishment, and the role of the internet as their last frontier to freedom and to realize their human potentials. (shrink)

Even with the very best intentions , Western culture’s approach to wilderness and wildness, the otherness of nature, tends to be one of imperialistic domination and appropriation. Nevertheless, in spite of Western culture’s attempt to gain total control over nature by imprisoning wildness in wilderness areas, which are meant to be merely controlled “simulations” of wildness, a real wildness, a real otherness, can still be found in wilderness reserves . This wildness can serve as the literal ground for the subversion (...) of the imperium, and consequently as the basis for the practical establishment of and residence in what WendeII Berry has called the “landscape of harmony.” Here all land becomes wild sacred space that humans consciously come to reinhabit. In this subversive potential lies the most fundamental justification for the legal establishment of wilderness reserves. (shrink)

In Nigeria, if the effects of development policies were felt by every Nigerian citizen, the search for respite would have assumed committed and prompt dimensions. Common hindrances to social development seem to be inflation, corruption, embezzlement, extreme ethnicity, selfishness and man's inhumanity to man. Nigeria has suffered exploitation in two phases: first in the colonial era, and second, during the post-colonial era, in which the nation is struggling against the forces of independent colonialism by its own people. Nigerians have approached (...) their struggles in various dimensions. Their criticisms have been registered freely in newspapers, magazines, radio and television. Yet, nothing has changed. Many have suffered different shades of attacks and embarrassment in the course of protest, while a few are doing it intellectually through some literary means. Chris Nwamuo, a Theatre Arts Administrator, a teacher, a playwright and a play director falls within this category. He has offered his voice as a cry for the underdogs of this society and has exhibited this attribute in several of his plays, one of which is The Prisoners. The play makes the author a "Marxist" in some way. The theory of class struggle forms the basis of modern socialism pioneered by Karl Mark, Friedrich Engels, as well as the conservative advocate of social reform, Lorenz Von Stein (Killian and Turner 279). The theory of class struggle, encapsulated in class-consciousness in its restricted sense, incorporates as a central feature, the burning conviction that members of a class suffer from a shared state of injustice. In the Marxian analysis, class-consciousness has always been understood as a political consciousness of one's own rational class interests and their opposition to the interest of other classes. (shrink)

Ethics, Policy & Environment, Volume 15, Issue 2, Page 241-243, June 2012.

Debates about the concept of Free Will date back to ancient times. About 40 years ago Benjamin Libet designed an experiment showing that the conscious intention to move is preceded by a specific pattern of brain activation. His finding suggested that unconscious processes determine our decisions. Libet-style experiments have continued to dominate the debate about Free-Will, pushing some authors to argue that the existence of Free Will is a mere illusion. We believe that this dispute is because we often measure (...) free will using arbitrary human decisions rather than deliberate actions. After reviewing the definition of free will and the related literature we conclude that the scientific evidence does not disprove the existence of Free Will. However, our will encounters several constraints and limitations that should be considered when evaluating our deeds’ personal responsibility. (shrink)

The Lumad struggle in the Philippines, embodied in its various indigenous peoples (IPs), is still situated and differentiated from modern understandings of their plight. Agamben notes that the notion of ‘people’ is always political and is inherent in its underlying poverty, disinheritance, and exclusion. As such, the struggle is a struggle that concerns a progression of freedom from these conditions. Going over such conditions means that one shifts the focus from the socio-political and eventually reveals the ontological facet of such (...) knowledge to reveal the epistemic formation of the truth of their experience. It is then the concern of this paper to expose the concept of freedom as a vital indigenous knowledge from the Mamanwa of Basey, Samar. Using philosophical sagacity as a valid indigenous method, we interview ConchingCabadungga, one of the elders of the tribe, to help us understand how the Mamanwa conceive freedom in the various ways it may be specifically and geographically positioned apart from other indigenous studies. The paper contextualizes the diasporic element and the futuristic component of such freedom within the trajectory of liberation. The Mamanwa subverts the conception of freedom as a form of return to old ways and radically informs of a new way of seeing them as a ‘people.’ It supports recent studies on their literature that recommend the development of their livelihood rather than a formulaic solution of sending them back to where they were. The settlement in Basey changes their identification as a ‘forest people’ into a more radical identity. (shrink)

Prisoners involved in the Attica rebellion and in the recent Georgia prison strike have protested their dehumanizing treatment as animals and as slaves. Their critique is crucial for tracing the connections between slavery, abolition, the racialization of crime, and the reinscription of racialized slavery within the US prison system. I argue that, in addition to the dehumanization of prisoners, inmates are further de-animalized when they are held in conditions of intensive confinement such as prolonged solitude or chronic overcrowding. To be (...) de-animalized is to be treated not as a living being who is sustained by its mutual relations with other living and nonliving beings, but rather as a thing to be warehoused and/or exchanged for a profit. The violence of de-animalization affects both human and nonhuman animals held in control prisons, factory farms, laboratories and other sites of intensive confinement. In order to make the connections between these sites, and to develop forms of solidarity appropriate to our shared animality, we need a post-humanist critique of intensive confinement that breaks with the logic of opposition between human and animal, and articulates our constitutive relationality as (inter)corporeal beings. (shrink)