This semester, I’m teaching Philosophy of Law–again. My syllabus, as always, is a new one, and reflects an altered orientation and focus from those of days past. The current edition is fairly simple: it kicks off with Lon Fuller‘s ‘The Case of the Speluncean Explorers,’ excerpts from H. L. A Hart‘s The Concept of Law,Continue reading “A Persistent Difficulty In Teaching Philosophy Of Law”
Tag Archives: punishment
Nietzsche’s Inversion Of Natural Law In The Genealogy Of Morals
The radically constructive nature of legal and economic concepts emerges quite clearly in the brilliant second essay of The Genealogy of Morals. Here, Nietzsche sets out his view of how the concept of a contract creates persons, how the ethical subject is not found but made. For Nietzsche, the law, a set of human practices,Continue reading “Nietzsche’s Inversion Of Natural Law In The Genealogy Of Morals”
On Bad Memories And Moving On
A few weeks ago, while stumbling around on Facebook, I found an old ‘acquaintance’ of mine: a man who, over thirty years ago, went to the same boarding school as I did. I poked around further; his page was not guarded by his privacy settings from snoops like me. On it, I found a groupContinue reading “On Bad Memories And Moving On”
Bertrand Russell On Deterrence By Making ‘Freedom More Pleasant’
In ‘What I Believe,’ an essay whose content–selectively quoted–was instrumental in him having his appointment at the City College of New York revoked¹, Bertrand Russell wrote: One other respect in which our society suffers from the theological conception of ‘sin’ is the treatment of criminals. The view that criminals are ‘wicked’ and ‘deserve’ punishment isContinue reading “Bertrand Russell On Deterrence By Making ‘Freedom More Pleasant’”
Mass Incarceration And The ‘Overfederalization’ Of Crime
America’s mass incarceration is the bastard child of many. Among them: racism, the War on Drugs (itself a racist business), the evisceration of the Constitution through ideological interpretive strategies, prosecutorial misconduct, police brutality, and so on. Yet other culprits may be found elsewhere, in other precincts of the legal and political infrastructure of the nation.Continue reading “Mass Incarceration And The ‘Overfederalization’ Of Crime”
Angela Davis On Reparation, Reconciliation, And Prison Abolition
In Are Prisons Obsolete? (Seven Stories Press, New York, 2003, pp. 106) Angela Davis writes: It is true that if we focus myopically on the existing system–and perhaps this is the problem that leads to the assumption that imprisonment is the only alternative to death–it is very hard to imagine a structurally similar system capable of handling such a vastContinue reading “Angela Davis On Reparation, Reconciliation, And Prison Abolition”
Prisons And Boarding Schools: The Informer Phenomenon
I’ve made note here, on this blog, on some interesting similarities between prisons and boarding schools: the discipline, the regulation of time, the uniforms, the social dynamics. Yet another similarity may be found in the ubiquity of informers: moles, spies, double-agents, leakers, snitches–call them what you will–conduits for the passage for information to administrative andContinue reading “Prisons And Boarding Schools: The Informer Phenomenon”
On Visiting a Prison
I first saw a jail–and its inhabitants–as a child. Our family car had been broken into and some of its contents stolen, so we drove to a police station to file a report. While seated in the waiting room outside the police officer’s den, I could see what must have been a holding cell, occupiedContinue reading “On Visiting a Prison”
Of Prefects and Punishment Drills
In my ninth and tenth grades, I attended boarding school in India. Like many boarding schools of its type, it incorporated the disciplinary mechanism of the prefect: senior schoolboys placed in charge of those junior to them, armed with the rule book, and cricket bats and hockey sticks with which to hand out six ofContinue reading “Of Prefects and Punishment Drills”
Samir Chopra 