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'Don’t call people “rapists" : on the social contribution injustice of punishment’

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Brownlee, Kimberley (2016) 'Don’t call people “rapists" : on the social contribution injustice of punishment’. Current Legal Problems, 69 (1). pp. 327-352. doi:10.1093/clp/cuw009

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Official URL: https://doi.org/10.1093/clp/cuw009

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Abstract

We wrong a person as a social being when we deny him minimally adequate opportunities to contribute socially to other people’s survival and wellbeing. We can call this kind of wrong social contribution injustice. In the morally fraught domain of criminal justice, we perpetrate this injustice in many ways, including in our tendency to see people who have committed offences as social threats. One way that we exhibit this tendency in our use of classificatory terms such as ‘murderer’ and ‘rapist’ that essentialise people’s wrongdoing. We also engage in more concrete, material forms of social contribution injustice when we give people criminal records they can never spend, impose punishments that stretch or sever their social bonds, and deny them support when they are trying to reintegrate after punishment. We also do social contribution injustice to the dependents and affiliates of many of the people we punish. Much of this injustice is contingent on our practices, policies, and general attitudes toward offending.

Item Type: Journal Article
Subjects: H Social Sciences > HV Social pathology. Social and public welfare
Divisions: Faculty of Social Sciences > Philosophy
Library of Congress Subject Headings (LCSH): Crime -- Social aspects, Punishment -- Social aspects, Imprisonment, Social justice
Journal or Publication Title: Current Legal Problems
Publisher: Oxford University Press
ISSN: 0070-1998
Official Date: 1 November 2016
Dates:
DateEvent
1 November 2016Published
13 July 2016Accepted
Volume: 69
Number: 1
Page Range: pp. 327-352
DOI: 10.1093/clp/cuw009
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Restricted or Subscription Access
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