In three parts, this volume in the AP-LS series explores the
phenomena of captivity and risk management, guided and informed by
the theory, method, and policy of psychological jurisprudence. The
authors present a controversial thesis that demonstrates how the
forces of captivity and risk management are sustained by several
interdependent "conditions of control." These conditions impose
barriers to justice and set limits on citizenship for one and all.
Situated at the nexus of political/social theory, mental health law
and jurisprudential ethics, the book examines and critiques
constructs such as offenders and victims; self and society;
therapeutic and restorative; health; harm; and community. So, too,
are three "total confinement" case law data sets on which this
analysis is based.
The volume stands alone in its efforts to systematically "diagnose"
the moral reasoning lodged within prevailing judicial opinions that
sustain captivity and risk management practices impacting: (1) the
rights of juveniles found competent to stand criminal trial, the
mentally ill placed in long-term disciplinary isolation, and sex
offenders subjected to civil detention and community re-entry
monitoring; (2) the often unmet needs of victims; and (3) the
demands of an ordered society. Carefully balancing sophisticated
insights with concrete and cutting-edge applications, the book
concludes with a series of provocative, yet practical,
recommendations for future research and meaningful reform within
institutional practice, programming, and policy. The Ethics of
Total Confinement is a thought-provoking and timely must-read for
anyone interested in the ethical and legal issues regarding
madness, citizenship, and social justice.
"It has become clear that there is no criminological exit from
embrace of degrading punishments and practices to which our
increasingly distorted risk perception commits us. Instead, the
path forward must run through a return to the ethical and
psychological roots of security and justice. TheEthics of Total
Confinement is a quantum step forward in defining and advancing
that path."--Jonathan Simon, Adrian A. Kragen Professor of Law,
Jurisprudence and Social Policy Program, UC Berkeley School of
Law
"This book boldly calls for a total transformation in the way the
law deals with people who are confined because of their perceived
depravity or dangerousness. It focuses on three outcast
groups--juveniles tried as adults, people with mental illness
subjected to hospitalization, and sex offenders committed as
dangerous--and, based on an innovative analysis of the relevant
caselaw and empirics, shows why current practices not only visit
substantial harm on these people but also brutalize those who
deprive them of liberty and damage the rest of us by feeding our
basest, most uninformed fears. Relying on Aristotelian philosophy,
therapeutic and restorative principles, and commonsense justice,
the book persuasively argues that we must reorient the training and
thinking of all major players in the system if our goal is to
promote the maximum amount of human flourishing."--Christopher
Slobogin, Milton Underwood Professor of Law, Vanderbilt University
Law School
"The Ethics of Total Confinement: A Critique of Madness,
Citizenship, and Social Justice deepens our understanding of how
our legal system justifies its treatment of those it confines. By
bridging gaps among relevant disciplines, the book clarifies to an
interdisciplinary audience just how inadequate those justifications
turn out to be when measured by psychological, ethical, or
justice-based standards. The book's provocative conclusions and
recommendations offer much food for thought and suggest potential
directions for action."--Dennis Fox, Emeritus Associate Professor
of Legal Studies and Psychology, University of Illinois at
Springfield
"The Ethics of Total Confinement shows how captivity diminishes the
keepers and the kept. It is a book that synthesises in creative new
ways reformist visions of justice, virtue and the cultivation of
habits of character. This is profound work that opens new paths to
dignity, healing and social justice."--John Braithwaite, Australian
Research Council Federation Fellow, Australian National
University
"The Ethics of Total Confinement offers a useful and wide-ranging
perspective grounded in psychological jurisprudence. With its
emphasis on the harm done to those most vulnerable to extremes of
risk-management, this volume makes a welcome addition to the
literature on confinement."--Lorna Rhodes, Professor, Department of
Anthropology, University of Washington
"The provocative thesis of this book develops psychological
jurisprudence to conceptualize the ethics of existing total
confinement practices, aspiring to greater justice and human
flourishing for all. A timely intervention of this kind is most
welcome."--George Pavlich, Associate Vice-President (Research),
Professor of Law and Sociology, University of Alberta
General
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