Exprisonment: Deprivation of Liberty on the Street and at Home

Abstract

Scholars have addressed restrictions on individual liberty, or deprivations thereof, that do not entail prison or jail—including area restrictions, revoking driver’s licenses, and GPS bracelets. In all legal domains, the effects of these measures on the lives of targeted individuals can be significant, primarily with respect to their capability to guide their own behavior. Some are applied categorically rather than individually, do not involve a fair trial or hearing, or are applied preventively or after the targeted individual has completed a prison sentence. My aim in this article is to extend our view from prison as the quintessential method of depriving individuals of their liberty to control of individuals without locking them up. I address degrees of individual liberty and inquire into legal protections for individuals who are partially free but deprived of liberty in some areas of life.

Keywords: philosophy of criminal law, philosophy of law, imprisonment, prison, deprivation of liberty, rule of law, alternative measures, electronic monitoring, revocation of driver’s licenses

JEL Classification: K14, K00, K30, K42