By Robert A. Ferguson
ISBN-10: 0674369939
ISBN-13: 9780674369931
Robert Ferguson diagnoses all elements of a big, out-of-control punishment regime. Turning the highlight at the plight of prisoners, he asks the yankee humans, will we wish our prisons to be this manner? Acknowledging the discomfort of prisoners and figuring out what punishers do once they punish are the 1st steps towards a greater, extra simply system.
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29 Law holds to the status quo. Justice Kennedy knows that he needs the people to effect change. There must be “a new public discussion about the prison system,” and “it is the duty of the American people to begin that discussion at once” (7). But how? An implied logic, often referred to as Occam’s razor, hovers ambiguously over Kennedy’s assertions. Yes, the people, depending on how you define them, come first in principle, but raising vague principles so that the simplest hypothesis should prevail does not decide who must take the lead in this case, the law or the people.
They have established the terms that define ideas of punishment up to the present day, and they have provided the ideas, as well as the mechanistic principles, of the penitentiaries that have evolved into modern prisons. That their basic concerns are still our basic concerns may be an indication of how much we may still have to learn. Not coincidentally, modern philosophies of punishment and the founding of the United States of America are parallel eighteenth-century achievements. Ideas about punishment are not just apparent in the national founding; they are fundamental to the creation of government and find their place in the Constitution of the United States.
62 Americans are not philosophically inclined, but some of their confusions over the nature of punishment can be traced to the philosophers they called on to help form a more perfect union. We can ignore these philosophers and usually do, but in a larger sense we cannot do without them. ”63 How you evaluate human nature, a central question in philosophy, controls what you will think about punishment. Given the American propensity to punish severely, we can start a discussion of the philosophical implications behind it with two of the earliest guarantors of that propensity.