One of the most important problems faced by the United States is addressing its broken criminal justice system. This collection of essays offers a thorough examination of incarceration as a form of punishment. In addition to focusing on the philosophical aspects related to punishment, the volume’s diverse group of contributors provides additional background in criminology, economics, law, and sociology to help contextualize the philosophical issues. The first group of essays addresses whether or not our current institutions connected with punishment and incarceration are justified in a liberal society. The next set of chapters explores the negative effects of incarceration as a form of punishment, including its impact on children and families. The volume then describes how we arrived at our current situation in the United States, focusing on questions related to how we view prisons and prisoners, policing for profit, and the motivations of prosecutors in trying to secure convictions. Finally, Rethinking Punishment in the Era of Mass Incarceration examines specific policy alternatives that might offer solutions to our current approach to punishment and incarceration.

chapter |14 pages


Why Do We Punish?
ByChris W. Surprenant

chapter 1|19 pages

The Problem of Punishment

ByJohn Hasnas

chapter 2|15 pages

Unconscionable Punishment

ByMichael Huemer

chapter 3|20 pages

The Coproduction of Justice

ByNathan Goodman

chapter 5|16 pages

Imprisonment and the Right to Freedom of Movement

ByRobert C. Hughes

chapter 6|17 pages

Are There Expressive Constraints on Incarceration?

ByBill Wringe

chapter 7|22 pages

Punishment, Restitution, and Incarceration

ByDavid Boonin

chapter 8|18 pages

Communicative Theories of Punishment and the Impact of Apology

ByEddy Nahmias, Eyal Aharoni

chapter 9|18 pages

A Reparative Approach to Parole-Release Decisions

ByKristen Bell

chapter 10|14 pages

Restorative Justice in High Schools

A Roadmap to Transforming Prisons
ByJohanna C. Luttrell

chapter 11|15 pages

Reforming Youth Incarceration in the United States

ByCara H. Drinan

chapter 12|16 pages

Policing for “Profit”

The Political Economy of Private Prisons and Asset Forfeiture
ByAbigail R. Hall, Veronica J. Mercier

chapter 13|17 pages

Why Paternalists and Social Welfarists Should Oppose Criminal Drug Laws

ByAndrew Cohen, William Glod

chapter 14|20 pages

The Need for Prosecutorial Guidelines

ByJohn F. Pfaff

chapter 15|15 pages

Prison Tunnel Vision

ByJosh Dohmen

chapter 16|17 pages

Exile as an Alternative to Incarceration

ByBriana McGinnis

chapter 17|15 pages

Corporal Punishment as an Alternative to Incarceration

ByJason Brennan

chapter 18|19 pages

The Potentials and Limitations of De-Incarceration

ByDaniel J. D’Amico