Social Deprivation and Criminal Justice

RETHINKING CRIMINAL LAW THEORY, p. 217, François Tanguay-Renaud and James Stribopoulos, eds., Hart, 2012

Warwick School of Law Research Paper No. 2012/14

23 Pages Posted: 16 Jun 2012  

Kimberley Brownlee

University of Warwick

Date Written: June 15, 2012

Abstract

This paper challenges the use of social deprivation in lawful punishment. In this context, ‘social deprivation’ refers not to poverty and its associated social ills, but to genuine social deprivation. Social deprivation is a persisting inadequacy of access to minimally supportive social inclusion. The paper draws on the idea of a general human right against social deprivation to show that there is a specific human right against socially privative punishments such as solitary confinement.

Keywords: Human rights, Ostracism, Punishment, Social deprivation, Social inclusion, Solitary confinement, Torture

Suggested Citation

Brownlee, Kimberley, Social Deprivation and Criminal Justice (June 15, 2012). RETHINKING CRIMINAL LAW THEORY, p. 217, François Tanguay-Renaud and James Stribopoulos, eds., Hart, 2012; Warwick School of Law Research Paper No. 2012/14. Available at SSRN: https://ssrn.com/abstract=2084963

Kimberley Brownlee (Contact Author)

University of Warwick ( email )

Gibbet Hill Rd.
Coventry CV4 7AL
United Kingdom

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