02991 2200265 4500 408919 408919 20241016d kkky0pory50 ba eng GB Long-Term Incarceration and the Moral Limits of Punishment Jacob Bronsther London London School of Economics and Political Science 2018 293 p. 30 cm A thesis submitted to the Law Department of the London School of Economics and Political Science for the degree of Doctor of Philosophy. This thesis, inquiring into the permissibility of long-term incarceration, maintains that two sets of reasons determine the moral limits of punishment. First, the reasons that justify the infliction of penal harm will only license “proportionate” or “parsimonious” means of realizing our penal aims. Part I, searching for these reasons, conceives of the criminal law as a system of protections, upon which all citizens rely for their assured liberty. An offender weakens this system by contributing to the threat of “criminality.” The state is thereby entitled, and only entitled, to harm him as a means of “erasing” his criminality contributions, generally by deterring would-be future offenders. This precludes long-term incarceration in most, but not all cases, given the tenuous relationship between penal severity and deterrence. The second set of reasons opposes degrading punishments. Is long-term incarceration impermissibly degrading, irrespective of its proportionality or usefulness otherwise? Part II gains traction by considering torture, the exemplar of degrading treatment. I define torture as the intentional infliction of a suffusive panic. I argue that it is egregiously “disrespectful” of the human capacity to realize value. It converts a diachronic being capable of building a good life through time into a synchronic being whose awareness is restricted to a maximally terrible present. Meanwhile, a prison sentence is “long-term,” I argue, if it severely risks ruining an inmate’s life, just in virtue of the amount of time that he is separated from society and thereby deprived of certain associational goods (e.g. a family and career). Long-term incarceration for reasons of retribution or deterrence intentionally inflicts this life-ruining harm. It is thus impermissibly disrespectful of a person’s value-generating capacities, I conclude, akin to penal torture. Long-term incarceration for the reason of incapacitation, however, whereby the state is not motivated to harm the offender, can be legitimate. 7061 PENA DE PRISÃO DE LONGA DURAÇÃO 5182 PUNIÇÃO 3523 DIREITOS HUMANOS 5155 TESE DE DOUTORAMENTO 319986 343.24 423213 BRONSTHER Jacob PT RPC EST1264 0 EST_1264_000000000000000 2024-10-16 9682 480515 DGRSP DGRSP DGRSP9682 EST1264 2024-10-16 0 MO Oferta PDF