Reprobation as Shared Inquiry: Teaching the Liberal Arts in Prison


Conclusion: Education and the Free Play of Values



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Conclusion: Education and the Free Play of Values


As educators who entered prison teaching because of would-be subversive ideas about the nature of education and incarceration, we find it a bit odd to be in the position of defending some elements of the criminal justice system as it stands. But we hope we have established that reprobation is an important goal for any social system of response to violence and other degradation. Even though in our society that system is a deeply imperfect one of racist laws, militarized police, and mass prisons, part of the deprivation of that system is that effective and reciprocal reprobation is not possible.
Second, we have argued that the imperfections in our system undermine reprobation itself. The problem is not just that our system is right to reprove violent acts, but does other things badly. Reprobation is not just about whether we are right to say that some act is wrong—it is about forming the right kind of relationship between the reprover and the reproved, one that brings the reproved to share in practice-bound moral judgments with the reprover. The vicious ways in which our society marginalizes the populations from which most people who are incarcerated come makes a mockery of this goal.
Finally, we have shown how prison education, properly understood, holds out hope for realistic improvement. By fostering a space where the values we educators bring with us from the dominant society can be put into play with the values and perspectives of people who are incarcerated, we provide one way in which the moral encounter between those who commit violent crimes and those who purport to speak out against violence can become more genuine. A radical and reciprocal prison classroom that takes the task of democratic education seriously does not so much reform the system as it constitutes a tiny portion of its abolition.
In a recent interview, Axel Honneth asserted that the “whole idea of a university” is to “represent a space where free thinking is possible.”53 This idea is critical to the value of prison education, even while it transplants values that now seem quaint even in the university into much more hostile soil: what a university ideally provides is a space where thinkers can interact without the pressures of conforming to accepted ideas or the direct subordination of the interplay of conversation to instrumental goals.

This free intellectual play is central to the goal of creating new practices that instantiate new values. As members of the relatively privileged social group, prison educators can create spaces in which dominant ways of thinking about and living social values can encounter the social and value practices of marginalized groups, can be put at risk, and can change. Free thinking—because it allows for new patterns of intellectual interaction to occur—creates new forms of such interaction in which prisoners and other members of marginalized populations are no longer marginalized. And like novel skills and practices, the new ideas generated from this encounter can be “exported.” When prisoners and other members of marginalized groups face the challenge of “no alternative” and status quo bias, they can now respond with concrete ideas of how things might be done differently.



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1 Augustine, Political Writings, E.M. Atkins and R.J. Dodaro, eds. (New York: Cambridge University Press, 2001), 72-3.

2 See, e.g. Lois M. Davis, Robert Bozick, Jennifer L. Steele, Jessica Saunders, and Jeremy N.V. Miles, “Evaluating the Effectiveness of Correctional Education: A Meta-Analysis of Programs that Provide Education to Incarcerated Adults,” RAND Corporation (2013), http://www.rand.org/content/dam/rand/pubs/research_reports/RR200/RR266/RAND_RR266.pdf.

3 John Braithwaite and Philip Pettit, Not Just Deserts: A Republican Theory of Criminal Justice (New York: Oxford University Press,1990); Christopher Bennett, The Apology Ritual: A Philosophical Theory of Punishment (New York: Cambridge University Press, 2008). We cannot provide the full argument here, but in brief the problem is that making prevention the central goal of the system potentially allows both punishment of the innocent and massively disproportionate punishment of the guilty, both in the name of deterrence by example.

4 Like the literature on prison abolition, we trust that most of our readers are familiar with the main texts of expressivism in punishment by Joel Feinberg and R.A. Duff, but here we engage with contemporary and avowedly “mixed” punishment theorists such as John Braithwaite and Philip Pettit, Christopher Bennett, or Thom Brooks.

5 When we use “crime” or its cognates without modification, it is this sort of crime we mean.

6 We focus here on Black prisoners and communities because these are the vast majorities of prisoners we encounter in the Baltimore area. We recognize that Latinos are similarly disproportionately incarcerated, and so some of our analysis is salient, but we believe that a full analysis of the Latino experience would pick out significant differences of theoretical weight in light of the role of immigration-related captivity and point up fruitful lessons for cross-race and disenfranchised activism that we do not have the space to detail here. See, for instance, Julie Dowling and Jonathan Xavier Inda, eds. Governing Immigration Through Crime: A Reader (Stanford, California: Stanford Social Sciences, 2013).

7 James Forman Jr., “Racial Critiques of Mass Incarceration: Beyond the New Jim Crow,” New York University Law Review 87, no. 21 (2012): 45–52.

8 Niles Christie, “Conflicts as Property,” British Journal of Criminology 17 no. 1 (1977): 1-15.

9 Braithwaite and Pettit, Not Just Deserts, 88-90.

10 Ibid.,144-148.

11 At least since Immanuel Kant and Joel Feinberg, proponents of expressive theories of punishment have argued that this “signal” is an important function of punishment, but the signal was understood as the responsibility of the community or state. More modern expressivists like R.A. Duff and Christopher Bennett argue that the perpetrator must play a role in that “signaling” as well.

12 Bennett, The Apology Ritual.

13 Thom Brooks, Punishment (New York: Routledge, 2013), 146.

14 Bennett, The Apology Ritual, 75-83.

15 Christine M. Korsgaard, Creating the Kingdom of Ends (New York: Cambridge University Press, 1996), 188-224.

16 Ibid.,189.

17 Anita Allen, Why Privacy Isn’t Everything: Feminist Reflections on Personal Accountability (Lanham: Rowman & Littlefield, 2003), 53-54.

18 Darren Wheelock and Christopher Uggen. “Punishment, Crime, and Poverty,” in The Colors of Poverty: Why Racial and Ethnic Disparities Exist, eds. Ann Chih Lin and Christopher Uggen (New York: Russell Sage Foundation 2008), 269-270.

19 Paula M. Ditton, “Mental Health and Treatment of Inmates and Probationers” (Bureau of Justice Statistics, 1999), http://www.bjs.gov/content/pub/pdf/mhtip.pdf.

20 Pew Research Center, “King’s Dream Remains an Elusive Goal; Many Americans See Racial Disparities” (Pew Research Center Social and Demographic Trends Project, 2013), 31, http://www.pewsocialtrends.org/files/2013/08/final_full_report_racial_disparities.pdf.

21 Wendy Wang, “The Rise of Intermarriage: Rates, Characteristics Vary by Race and Gender” (Pew Research Center, 2012), 1, http://www.pewsocialtrends.org/files/2012/02/SDT-Intermarriage-II.pdf.

22 Philip Cohen, “College Graduates Marry Other College Graduates Most of the Time,” The Atlantic, April 4., 2013, http://www.theatlantic.com/sexes/archive/2013/04/college-graduates-marry-other-college-graduates-most-of-the-time/274654/.

23 Paul Taylor, Kim Parker, Wendy Wang, Richard Morin, Juliana Menasce Horowitz, D’Vera Cohn, and Gretchen Livingston, “The Decline of Marriage and Rise of New Families” (Pew Research Center, 2010), 23, http://www.pewsocialtrends.org/files/2010/11/pew-social-trends-2010-families.pdf.

24 Lindsay Dunsmuir, “Many Americans Have No Friends of Another Race: Poll,” Reuters, August 8, 2013, http://www.reuters.com/article/2013/08/08/us-usa-poll-race-idUSBRE97704320130808.

25 Thomas W. Smith, “Measuring Inter-Racial Friendships,” Social Science Research 31 no. 4 (2012): 576–93.

26 Richard Fry and Paul Taylor, “The Rise of Residential Segregation by Income” (Pew Research Center, August 2012), 1, 14, 16, http://www.pewsocialtrends.org/files/2012/08/Rise-of-Residential-Income-Segregation-2012.2.pdf.

27 Baltimore’s numbers reflect a general tendency for gun homicide to be concentrated in cities, particularly city cores.

28 Inequality is not associated with non-homicide gun violence; inequality is associated with gun violence at the metro level, but not at the state level.

29 Richard Florida, “The Geography of U.S. Gun Violence,” The Atlantic Cities, December 14, 2012, http://www.theatlanticcities.com/neighborhoods/2012/12/geography-us-gun-violence/4171/.

30 Arlene Eisen, “Operation Ghetto Storm: 2012 Annual Report on the Extrajudicial Killing of Blacks by Police, Security Guards, and Vigilantes” (Malcolm X Grassroots Movement, 2013), http://mxgm.org/wp-content/uploads/2013/04/Operation-Ghetto-Storm.pdf.

31 Quoted in Suzanne M. Dolwick Grieb, Rachel M. Joseph, Anton Pridget, Horace Smith, Richard Harris, and Jonathan Ellen, “Understanding Housing and Health Through the Lens of Transitional Housing Members in a High-Incarceration Baltimore City Neighborhood: The GROUP Ministries Photovoice Project to Promote Community Redevelopment” Health & Place 21 (2013): 20-28, 24.

32 Tommie Shebly. “Justice, Deviance, and the Black Ghetto,” Philosophy & Public Affairs 35 no. 2 (2007): 126-60; Roni Factor, Ichiro Kawachi, and David R. Williams, “Understanding High-Risk Behavior Among Non-Dominant Minorities: A Social Resistance Framework,” Social Science and Medicine 73 (2011): 1292-1301.


33 Victor Tadros, “Poverty and Criminal Responsibility,” Journal of Value Inquiry, 43 no. 3 (2009):391–413.

34 As Tadros puts it, “The wrong is in entering into a practice of responsibility with the other person whileat the same time blocking the attribution of responsibility to himself” (401).


35 Angela Davis, Are Prisons Obsolete? (New York: Seven Stories Press, 2003); Angela Davis, Abolition Democracy: Beyond Empire, Prisons, and Torture (New York: Seven Stories Press, 2005).

36 Joy James, “Introduction: Democracy and Captivity,” in The New Abolitionists: (Neo)Slave Narratives and Contemporary Prison Writings, ed. Joy James (New York: State University of New York Press, 2005). “Advocacy abolitionism and its narratives by nonprisoners—like state narratives—grant only 'emancipation.' Neither advocacy abolitionism nor state abolitionism can control or create 'freedom' for the captive. […]Freedom is taken and created. It exists as a right against the captor and/or enslaver and a practice shared in community by the subordinate captives” (xxii).

37 “Many times people say that our Ten Point Program is reformist; but they ignore the fact that revolution is a process.... The people see things as moving from A to B to C; they do not see things as moving from A to Z.” Huey Newton in 1971, quoted in Joshua Bloom and Waldo E. Martin, Jr., Black Against Empire: The History and Politics of the Black Panther Party (Berkley: University of California Press, 2013), 370.

38 Davis, Abolition Democracy. The rest of the quote is also instructive: “In thinking specifically about the abolition of prisons using the approach of abolition democracy, we would propose the creation of using an array of social institutions that would begin to solve the social problems that set people on the track to prison, thereby helping to render the prison obsolete. There is a direct connection with slavery: when slavery was abolished black people were set free, but they lacked access to the material resources that would enable them to fashion new, free lives. Prisons have thrived over the last century precisely because of the absence of those resources and the persistence of some of the deep structures of slavery. They cannot, therefore, be eliminated unless new institutions and resources are made available to those communities that provide, in large part, the human beings that make up the prison population” (96-97).

39 Tadros, “Poverty and Criminal Responsibility.”

40 As R. A. Duff puts it: “if I constantly (and unrepentantly) lie to you, I cannot complain when you lie to me: this need not be because my lying to you justifies or excuses your lie to me—we could think that duties of honesty are not thus conditional on reciprocity, and insist that we have the standing to condemn you; the point is, rather, that my own prior dishonest behavior towards you morally estops me from complaining about your dishonest conduct towards me” (251). R. A. Duff, “’I Might Be Guilty, But You Can’t Try Me’: Estoppel and Other Bars to Trial” Ohio State Journal of Criminal Law 1 no. 1 (2003): 245-59.

41 Elizabeth Anderson, “Outlaws,” The Good Society 23 no.1 (2014): 103-113.

42 Bennett, The Apology Ritual, 152-173. Bennett is here responding to R.A. Duff and other punishment expressivists: we take his account to be a cogent response to the claim that crimes and other conflicts are the “property” of victim and perpetrator. Crimes are “public wrongs” in the sense that “it is the business of the public to condemn [them]” (143). Citizens’ failure to condemn and collectively sanction such public wrongs would be acquiescence to the harms done. Of course, this cuts both ways, as failure to condemn to contemporary racism, economic injustice, and systematic extrajudicial violence of incarceration is itself an acquiescence to the harms done.

43 On the performance of radicalism by prison teachers, see Atif Rafay, “An ‘Impossible Profession?’ The Radical University in Prison,” Radical Teacher 95 (Winter 2012): 10-21, 17. And Rob Scott, “Distinguishing Radical Teaching from Merely Having Intense Experiences While Teaching in Prison”, Radical Teacher 95 (2013): 22-32.

44 André Gorz, Strategy for Labor: A Radical Proposal, trans. Martin A. Nicolaus and Victoria Ortiz (Boston: Beacon, 1967), 7. See also John Dewey, Democracy and Education (New York: Free Press, 1997): 146; Erin McKenna, The Task of Utopia: A Pragmatist and Feminist Perspective (Lanham: Rowman & Littlefield, 2001): 96-98).

45 Crucially, we would like to distinguish our view from that of Jean Hampton: we do not hold, as she does, that education and punishment are linked because the pains of punishment are educative. (“Wrong occasions punishment not because pain deserves pain, but because evil deserves correction.”Jean Hampton, “The Moral Education Theory of Punishment,” Philosophy & Public Affairs 13, no. 3 (1984): 208-238, 238. ) We hold that punishment without education (understood as shared inquiry) fails to count as punishment: it is merely pain. And since our current prisons lack the right kinds of education….

46 Hanna Arendt, Lectures on Kant’s Political Philosophy, ed. Ronald Beiner (Chicago: University of Chicago Press, 1982); Robert E. Goodin, “Democratic Deliberation Within,” Philosophy & Public Affairs 29 no, 1 (2000): 81-109; Peter Levine, Reforming the Humanities: Literature and Ethics from Dante Through Modern Times (New York: Palgrave Macmillan, 2009); Martha Nussbaum, “‘Finely Aware and Richly Responsible’: Moral Attention and the Moral Task of Literature,” Journal of Philosophy 82 no. 10 (1985): 516-29; Martha Nussbaum, Not for Profit: Why Democracy Needs the Humanities (Princeton: Princeton UP, 2010).

47 Richard Arum and Josipa Roska, Academically Adrift: Limited Learning on College Campuses (Chicago: University of Chicago Press, 2011).

48 See Hannah Arendt, Between Past and Future: Eight Exercises in Political Thought (New York: Penguin, 1961); Michael Oakeshott, The Voice of Liberal Learning, ed. Timothy Fuller (Indianapolis: Liberty Fund, 2001);Allan Bloom, The Closing of the American Mind (New York: Simon & Schuster, 1987); Michael Sandel, Liberalism and the Limits of Justice (New York: Cambridge UP, 1998).

49 Michel Foucault, Discipline and Punish: The Birth of the Prison, 2nd Vintage Books Ed, trans. Alan Sheridan (New York: Vintage, 1995).

50 Drew Leder, Douglas Scott Arey, Kenneth Bond-El, Dalphonso Brooks, Craig Cobb-Bey, Anthony Davenport, Jeffery Ebb, Sr., Vincent Greco, Eric Grimes, Donald Gross, Tyrone Herrell, Edward Hershman, Warren “Ren” Hynson, Michael Jeffrey-Bey, Marvin Jenkins, Arlando “Tray” Jones, Kevin Jones-Bey, Fortunato Mendes, Wesley Moore, Shaka F. Muhammed, Christopher Murray, Shakkir Talib Mujahid, Lakhem Ra-sebek, Michael Razzio Simmons, Clarence Somerville, Michael Thomas, Gregg Dallas Wakefield, Mike Whittlesey, Jacobi Williams, and Zaeed Zakaria, “The Enlightened Prison,” Studies in Law, Politics, and Society. (Forthcoming, manuscript dated May 2011 on file with authors), 6-9.

51 Earl Shorris, Riches for the Poor: The Clemente Course in the Humanities (New York: W.W. Norton, 2000), 48.

52 Of course, the classes are not unique in this. We are told that participants in the “Alternatives to Violence” program active at the prison enjoy a similar suspension of hostility norms.

53 Jensen Suther, “On Becoming Things: An Interview with Axel Honneth.” Platypus Review 59 (2013): http://platypus1917.org/2013/09/01/on-becoming-things-an-interview-with-axel-honneth/.



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