The document discusses revising the conceptual vocabulary used to describe state criminal punishment through the lens of an ethic of care. It outlines theories of punishment, such as consequentialism and retributivism, and discusses the ethic of care in terms of the attitude, practice, and values of care. The author argues that incorporating the perspective of care into criminal punishment could involve focusing on relationships, contexts, narratives, and pre-sentence dialogue.

1. Punishing with care: Revising the conceptual vocabulary of state criminal punishment Helen Brown Coverdale PhD Candidate, Law Department, London School of Economics and Political Science My research is funded through the AHRC Doctoral Studentship Block Grant Partnership Scheme My work is supervised by Professor Nicola Lacey (All Souls College, Oxford) Professor Anne Phillips (LSE Government Department) & Dr Peter Ramsay (LSE Law Department) Unless otherwise stated images are original artwork. Please do not reuse without my permission. If you own images or logos used here, please contact me if you prefer that they are not so used. These slides are made available on slideshare for research and educative purposes only. The paper accompanying these slides is available here: http://lse.academia.edu/HelenBrownCoverdale © 2011 Helen Brown Coverdale - work in progress: please do not cite without the author's permission Helen Brown Coverdale h.a.coverdale@lse.ac.uk 9 th September 2011

2. Image Source: http://www.flickr.com/photos/sidelong/4110738292/sizes/z/in/photostream/ Image author DaveBleasdale: http://www.flickr.com/people/sidelong/http://www.flickr.com/people/sidelong/ Licence available: http://creativecommons.org/licenses/by/2.0/ Forwards facing theories: Consequentialism Backwards facing theories: Retributivism mixed theories Punishment Theories Helen Brown Coverdale h.a.coverdale@lse.ac.uk 9 th September 2011

3. Restorative Justice Restorative conferencing Victim awareness Community justice Relational justice Reparation Helen Brown Coverdale h.a.coverdale@lse.ac.uk 9 th September 2011 Image Source: http://en.wikipedia.org/wiki/File:Cocktail_umbrella_side.jpg Licence available:http://en.wikipedia.org/wiki/File:Cocktail_umbrella_side.jpg

4. Care as a Practice Care as an Attitude Care as a Value The Ethic of Care Helen Brown Coverdale h.a.coverdale@lse.ac.uk 9 th September 2011

5. [Gilligan's] 'different voice' [is] characterised not by gender but by theme. Its association with women is an empirical observation...The moral imperative that emerges repeatedly in interviews with women is an injunction to care, a responsibility to discern and alleviate the “real and recognizable trouble” of this world...women's moral judgements proceeds from an initial concern with survival to a focus on goodness and finally to a reflective understanding of care as the most adequate guide to the resolution of conflicts in human relationships...in the different voices of women lies the truth of an ethic of care, the tie between relationships and responsibilities, and the origins of aggression in the failure of connection. (Gilligan 1982, pp.5, 100, 105, 173) Perspective of Care

6. As an attitude, caring denotes a positive, affective bond and investment in another's well-being. The labor [sic] can be done without the appropriate attitude. Yet without the attitude of care, the open responsiveness to another that is so essential to understanding what another requires is not possible. That is, the labor [sic] unaccompanied by the attitude of care cannot be good care (Kittay 2002, p.259) Attitude of Care

7. the meeting of the needs of one person by another person where face-to-face interaction between carer and cared for is a crucial element of the overall activity and where the need is of such a nature that it cannot possibly be met by the person in need herself (Bubeck 1995, p.129) Practice of Care

8. Good care requires that the four phases of the care process must fit together into a whole...Such as integration of these parts of caring into a moral whole is not simple. Care involves conflict; to resolve this conflict will require more than an injunction to be atentive, responsible, competent, and responsive...It reuqires a deep and thoughtful knowledge of the situation and of all of the actors' situations, needs and competencies. (Tronto 1993, p.136) Values of Care

9. A B Traditional or Justice perspective Helen Brown Coverdale h.a.coverdale@lse.ac.uk 9 th September 2011

10. Care perspective Context Relationships Helen Brown Coverdale h.a.coverdale@lse.ac.uk 9 th September 2011 Changes with time Narrative Situation

11. Care in punishment Helen Brown Coverdale h.a.coverdale@lse.ac.uk 9 th September 2011

12. Image Source: http://www.flickr.com/photos/pandora_6666/4927865092/sizes/m/in/photostream/ Image author Jo Naylor: http://www.flickr.com/people/pandora_6666/ Licence available:http://creativecommons.org/licenses/by/2.0/ Helen Brown Coverdale h.a.coverdale@lse.ac.uk 9 th September 2011 Narratives

13. Helen Brown Coverdale h.a.coverdale@lse.ac.uk 9 th September 2011 Pre-sentence Dialogue

14. Bibliography Bubeck, D.E., 1995. Care, Gender and Justice, Oxford: Clarendon Press. Gilligan, C., 1982. In a different voice : psychological theory and women’s development, Cambridge Massachusetts, and London England: Harvard University Press. Kittay, E.F., 2002. when caring is just and justice is caring. In E. F. Kittay & E. K. Feder, eds. The subjecct of care: Feminist perspectives on dependency. Feminist constructions. Lanham, Md. :: Littlefield Publishers, pp. 257-276. Tronto, J.C., 1993. Moral Boundaries: A Political Argument for an Ethic of Care, New York: Routledge .