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The End of Liberty
1Brooklyn Law School, New York City, USA.
Criminal Law and Philosophy
|May 17, 2021
Summary
Liberty is often seen as an equalizer, but this is not true in practice, especially concerning carceral punishment. Equal prison sentences do not equate to equal punishments due to the unequal value of liberty.
Area of Science:
- Legal Philosophy
- Criminology
- Political Theory
Background:
- Liberty is theorized as a great equalizer, unlike welfare, which is difficult to distribute equally.
- The concept of 'equal liberty' is often invoked in philosophical discussions but lacks practical equality.
Purpose of the Study:
- To critically examine the notion of liberty as a great equalizer, particularly in the context of carceral punishment.
- To demonstrate that equal periods of incarceration do not result in equal punishments.
Main Methods:
- Analysis of the distribution of a negative good (carceral punishment) rather than positive goods.
- Examination of the principle of proportional punishment based on offender blameworthiness.
Main Results:
- Liberty does not function as a meaningful equalizer in the distribution of punishment.
- Equal durations of incarceration do not equate to equal punishments due to the variable value of liberty.
Conclusions:
- The assumption that liberty can serve as a great equalizer in punishment is flawed.
- Perpetuating the idea of equal liberty in punishment can obscure the full harms of incarceration or lead to unappealing outcomes, undermining proportional punishment.
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