Alon Harel wants to show that punishment is a kind of symbolic expression that, as a matter of metaphysical necessity, can only be performed by governmental agents. Contrary to Harel, I argue private agents can in fact realize those features he argues only public agents can realize. I also argue that, even if he were right that only public guards and wardens can punish, it’s unclear why we would have an all-things-considered rather than merely a pro tanto/prima facie duty to punish. An instrumentalist can grant Harel that only state employees can punish, but still decide, on instrumental grounds, to reject public punishment in favor of private “schpunishment.”
Consequences Matter More: In Defense of Instrumentalism on Private Versus Public Prisons
Consequences Matter More: In Defense of Instrumentalism on Private Versus Public Prisons
Recent Publications
- Debating Libertarianism: What Makes Society Just?
- Questioning the Assumptions of Political Discourse A Philosophical Analysis of Fundamental Concepts (2025)
- Common Law Liberalism: A New Theory of the Libertarian Society (Oxford University Press, 2024)
- “Diversity and Group Performance,” Encyclopedia of Diversity, Springer, 2024
- “Evading and Aiding: The Moral Case Against Paying Taxes,” with Christopher Freiman and Jessica Flanigan, Extreme Philosophy, ed. Stephen Hetherington, Routledge (2024)
Recent News
- How Plasma Donations are Helping to Pay Some Americans’ Bills – and Treat Patients Around the World
- America: The human plasma factory
- Office Hours: Evaluating the True Impact of Seemingly Good Acts
- Business as a Force for Good: MBA Students Support Hurricane Helene Victims Through Ethics Project
- New Editorial Team at Philosophy and Public Affairs
