Rethinking Imprisonment

Hardcover | February 25, 2007

byRichard L. Lippke

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Drawing on philosophical arguments, criminological evidence, and the legal literature on prisoners' rights, Rethinking Imprisonment defends a normative theory of imprisonment. Such a theory provides an account of the justified conditions of prison confinement - the restrictions anddeprivations that may be legitimately imposed on serious offenders in the name of punishment. The theory of legal punishment upon which this account builds combines retributive and crime reduction elements, with the former accorded priority on both moral and epistemic grounds. Contrary to itsformidable reputation, retributivism is shown to place important and substantial limits on the character of imprisonment, its appropriate use, and duration. Much of the contemporary use of imprisonment as a legal sanction is arguably unjustified on all three counts.Rethinking Imprisonment urges the adoption of prison conditions at or near the 'minimum conditions of confinement' which severely curtail the freedom of movement, freedom of association, and privacy of prisoners, yet are still consistent with ensuring the basic physical and psychological welfare ofprisoners, and provide them with access to paid labor, visitation, entertainment, recreation, and retained civic and political rights. This book argues firstly that the punishment of serious offenders generally requires no more than the imposition of 'minimum conditions of confinement' and secondlythat moral constraints on punishment derived from retributivism in conjunction with the available evidence about the prison regimes most likely to reduce crime point towards more humane and less restrictive prisons.

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Drawing on philosophical arguments, criminological evidence, and the legal literature on prisoners' rights, Rethinking Imprisonment defends a normative theory of imprisonment. Such a theory provides an account of the justified conditions of prison confinement - the restrictions anddeprivations that may be legitimately imposed on seriou...

Richard Lippke is Professor at the Department of Philosophy and Religion, James Madison University, Virginia

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Format:HardcoverDimensions:304 pages, 9.21 × 6.14 × 0.87 inPublished:February 25, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019920912X

ISBN - 13:9780199209125

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Table of Contents

1. Censuring Equalization Retributivism2. The Case for Retributive Sentencing3. Imprisonable Offences4. B-Level Analysis5. Minimum and Extreme Conditions of Confinement6. Initial Challenges to Prisoners' Rights7. Work, Welfare, and Responsibility8. In Defense of More Permeable Prisons9. Retained Civil Rights10. Access to Recreation and Entertainment11. Privatization, Abolition, or Reform?