程序性正义与监狱合法性:走向囚犯参与的民主模式
概括
监狱的合法性取决于狱警对囚犯的公平待遇, 然而,这种程序性方法可能会忽视囚犯的参与,
科学领域:
- 犯罪学
- 社会学
- 刑事研究
背景情况:
- 监狱合法性的程序性解释强调在日常互动中给予公平的待遇,而不是为囚犯的服从提供有利的结果.
- 尊重关系对于监狱内部的信任和秩序至关重要.
研究的目的:
- 审查Bottoms和Liebling提出的监狱合法性的程序性解释.
- 评估监狱人员对监狱人员公平待遇的依赖与监狱人员参与监狱秩序的依赖.
主要方法:
- 分析监狱合法性的程序性解释.
- 审查有关监狱机构公平,信任和遵守现有的文献.
主要成果:
- 程序性正义, 关注监狱警卫的公平待遇, 是一个关键的驱动力.
- 目前的程序可能是不稳定的, 因为它严重依赖警卫的公平性, 并不充分强调囚犯的参与.
结论:
- 虽然公平待遇很重要,但通过纳入囚犯参与,可以实现更稳定和规范性的遵守.
- 通过参与将制度价值观与囚犯价值观相协调, 可以增强合法性和对秩序的承诺.
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