Course Overview:
Is it legitimate for the government to impede the freedom of movement of some of its citizens? Usually in a modern democracy like the United States, we say that the right to freedom of movement is essential. But, at the same time the US has about 2.3 million people incarcerated currently, who cannot exercise their right to freedom of movement or association, and they have many of their other rights (speech, press, privacy) radically curtailed. Why can we do these things to some people as punishment for a crime? Philosophers call this the problem of punishment, and they have lots of types of answers, including the importance of deterring crime, incapacitating dangerous people, or meting out justice. But these answers have long been unsatisfactory. More recent accounts talk about expressing the value of victims, realizing the rights of people to be free from violence from others, and more. Do any of these theories actually work? We will also read some philosophical punishment abolitionists who are skeptical that any of these accounts can justify the state's treatment of people in this way.
This course focuses on philosophical questions related to punishment: why/when is the state permitted to punish? What makes criminal law different from other kinds of law? How does racial injustice and poverty impact the state's authority to punish?
This course grade will be made up of written assignments, reading quizzes, and participation. Students should expect to take part in discussions in small groups and occasionally contribute to full class discussions.