Punishing with care: treating offenders as equal persons in criminal punishment

摘要: Most punishment theories acknowledge neither the full extent of harms which risks, nor caring practices entails. Consequently, I shall argue, in most its current conceptualizations is inconsistent with treating offenders as equals qua persons. The nature criminal punishment, and our interactions decision-making delivery, risks causing harm to offenders. Harm normalized when central definitions desensitizing us unintended obscuring practices. Offenders may be partially silenced excluded by mainstream justice limit interaction between practitioners. When we ignore significant harms, or silence exclude, treat others passive nonsubjects. This objectifies offenders, treatment equals. Penal employing harm-centred harm-normalizing can provide few resources help practitioners either avoid, recognize respond to, harms. Care ethics, contrast, motivates avoidance of harm, ongoing inclusive engagement, respectful others. argue that defining without presupposing facilitates identification morally problematic recognition I offer a principled argument, political pragmatic supplementary arguments, for responding intentional care. Principles drawn from care ethics strengthen structuring action. Bottom-up alternative share some values these proposed guiding principles, allowing partial test principles. consider examples restorative practices, therapeutic jurisprudence, community other problem-solving court addition considering how well measure up My analysis illuminates strengths weaknesses they might contribute securing