RETHINKING CRIMINAL LAW THEORY, p. 217, François Tanguay-Renaud and James Stribopoulos, eds., Hart, 2012
23 Pages Posted: 16 Jun 2012
Date Written: June 15, 2012
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: 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