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Punishment and Precious Emotions: A Hope Standard for Punishment

Each year, hundreds of people in high-income countries take their own lives while they are in prison. Thousands engage in self-harm and thousands abuse other prisoners. Such behaviours often correlate with mental health problems, but they are also often pleas for help and for hope. Some courts have...

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Detalles Bibliográficos
Autor principal: Brownlee, Kimberley
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Oxford University Press 2021
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8464174/
https://www.ncbi.nlm.nih.gov/pubmed/34584494
http://dx.doi.org/10.1093/ojls/gqab001
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author Brownlee, Kimberley
author_facet Brownlee, Kimberley
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description Each year, hundreds of people in high-income countries take their own lives while they are in prison. Thousands engage in self-harm and thousands abuse other prisoners. Such behaviours often correlate with mental health problems, but they are also often pleas for help and for hope. Some courts have invoked the ideas of hope and the right to hope in the context of life imprisonment, but they have neither subjected the concept of hope to sustained analysis nor specified the role that hope should play in our practices of lawful punishment overall. This article offers a preliminary investigation of the role for hope in lawful punishment. It argues that one standard that both individual modes of punishment and overall systems of punishment must meet to be morally justifiable is that they be compatible with a reasonable person retaining hope both in the present and for his future after punishment. Such a hope standard narrows the scope of legitimate modes of punishment.
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spelling pubmed-84641742021-09-27 Punishment and Precious Emotions: A Hope Standard for Punishment Brownlee, Kimberley Oxf J Leg Stud Articles Each year, hundreds of people in high-income countries take their own lives while they are in prison. Thousands engage in self-harm and thousands abuse other prisoners. Such behaviours often correlate with mental health problems, but they are also often pleas for help and for hope. Some courts have invoked the ideas of hope and the right to hope in the context of life imprisonment, but they have neither subjected the concept of hope to sustained analysis nor specified the role that hope should play in our practices of lawful punishment overall. This article offers a preliminary investigation of the role for hope in lawful punishment. It argues that one standard that both individual modes of punishment and overall systems of punishment must meet to be morally justifiable is that they be compatible with a reasonable person retaining hope both in the present and for his future after punishment. Such a hope standard narrows the scope of legitimate modes of punishment. Oxford University Press 2021-02-01 /pmc/articles/PMC8464174/ /pubmed/34584494 http://dx.doi.org/10.1093/ojls/gqab001 Text en © The Author(s) 2021. Published by Oxford University Press. https://creativecommons.org/licenses/by-nc/4.0/This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (https://creativecommons.org/licenses/by-nc/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited. For commercial re-use, please contact journals.permissions@oup.com
spellingShingle Articles
Brownlee, Kimberley
Punishment and Precious Emotions: A Hope Standard for Punishment
title Punishment and Precious Emotions: A Hope Standard for Punishment
title_full Punishment and Precious Emotions: A Hope Standard for Punishment
title_fullStr Punishment and Precious Emotions: A Hope Standard for Punishment
title_full_unstemmed Punishment and Precious Emotions: A Hope Standard for Punishment
title_short Punishment and Precious Emotions: A Hope Standard for Punishment
title_sort punishment and precious emotions: a hope standard for punishment
topic Articles
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8464174/
https://www.ncbi.nlm.nih.gov/pubmed/34584494
http://dx.doi.org/10.1093/ojls/gqab001
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