Are Private Prisons Intrinsically Wrong? An Analysis

Jus Cogens, vol. 6, pp. 29–46

Abstract

Abstract Several critics have argued that private prisons are not only problematic because of their worse effects but also intrinsically wrong. This article analyzes two prominent arguments for this claim: the representation argument and the condemnation argument. The conclusion is that these arguments fail to show that there is something intrinsically wrong about private prisons. This is especially true if the arguments are extended to non-profit private prisons under social injustice contexts that states are responsible for. In such cases, non-profit private prisons might not only be on a par with public prisons but be preferable to them. However, the arguments are also insufficient to oppose every conceivable for-profit private prison.

Authors 2

1. Göran Duus‐Otterström corresponding

   University of Gothenburg · Institute for Futures Studies

   Affiliation as printed

   Department of Political Science, University of Gothenburg, Gothenburg, Sweden

   Institute for Futures Studies, Stockholm, Sweden

2. Andrei Poamă Aachen Institute of Public Administration

   Leiden University

   Affiliation as printed

   Institute of Public Administration, Leiden University, Leiden, the Netherlands