Chapter 5 Is Preventive Detention Morally Worse than Quarantine?
Preventive detention shares many features with the quarantine measures sometimes employed in the context of infectious disease control. Both interventions involve imposing constraints on freedom of movement and association. Both interventions are standardly undeserved: in quarantine, the detained in...
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| स्वरूप: | Online |
| भाषा: | अंग्रेज़ी |
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Hart Publishers
2021
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| ऑनलाइन पहुंच: | https://library.oapen.org/handle/20.500.12657/48490 |
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| _version_ | 1869522271268241408 |
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| author | Douglas, Thomas |
| author_browse | Douglas, Thomas |
| author_facet | Douglas, Thomas |
| author_sort | Douglas, Thomas |
| collection | Directory of Open Access Books |
| description | Preventive detention shares many features with the quarantine measures sometimes employed in the context of infectious disease control. Both interventions involve imposing constraints on freedom of movement and association. Both interventions are standardly undeserved: in quarantine, the detained individual deserves no detention (or so I will assume), and in preventive detention, the individual has already endured any detention that can be justified by reference to desert. Both interventions are, in contrast to civil commitment under mental health legislation, normally imposed on more-or-less fully autonomous individuals. And both interventions are intended to reduce the risk that the constrained individual poses to the public. Yet despite these similarities, preventive detention and quarantine have received rather different moral report cards, with preventive detention attracting far greater criticism. One possible explanation for this is that many people implicitly endorse the view that preventive detention is always, in at least one respect, more morally problematic than quarantine. In this chapter I challenge that view by considering and rejecting six attempts to justify it, beginning with four attempts that I think can be easily dismissed, and proceeding to consider in more detail two attempts that are more resilient to criticism. Ultimately, I argue that all six attempts fail: preventive detention is not always more problematic, in one respect, than quarantine. I conclude by drawing out some implications of my argument. Of course, it does not follow from my argument that preventive detention is not in some cases more problematic than quarantine. A secondary purpose of this chapter, pursued in parallel to the first, is to identify the considerations that determine whether and when preventive detention is indeed in some respect more problematic. |
| format | Online |
| id | doab-20.500.12854ir-69543 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Hart Publishers |
| publisherStr | Hart Publishers |
| record_format | ojs |
| spelling | doab-20.500.12854ir-695432025-01-18T14:48:59Z Chapter 5 Is Preventive Detention Morally Worse than Quarantine? Douglas, Thomas preventive detention; quarantine thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences::LNFX Criminal procedure::LNFX1 Sentencing and punishment Preventive detention shares many features with the quarantine measures sometimes employed in the context of infectious disease control. Both interventions involve imposing constraints on freedom of movement and association. Both interventions are standardly undeserved: in quarantine, the detained individual deserves no detention (or so I will assume), and in preventive detention, the individual has already endured any detention that can be justified by reference to desert. Both interventions are, in contrast to civil commitment under mental health legislation, normally imposed on more-or-less fully autonomous individuals. And both interventions are intended to reduce the risk that the constrained individual poses to the public. Yet despite these similarities, preventive detention and quarantine have received rather different moral report cards, with preventive detention attracting far greater criticism. One possible explanation for this is that many people implicitly endorse the view that preventive detention is always, in at least one respect, more morally problematic than quarantine. In this chapter I challenge that view by considering and rejecting six attempts to justify it, beginning with four attempts that I think can be easily dismissed, and proceeding to consider in more detail two attempts that are more resilient to criticism. Ultimately, I argue that all six attempts fail: preventive detention is not always more problematic, in one respect, than quarantine. I conclude by drawing out some implications of my argument. Of course, it does not follow from my argument that preventive detention is not in some cases more problematic than quarantine. A secondary purpose of this chapter, pursued in parallel to the first, is to identify the considerations that determine whether and when preventive detention is indeed in some respect more problematic. 2021-05-06T02:00:43Z 2021-05-06T02:00:43Z 2021-05-05T11:26:50Z 2019 chapter https://library.oapen.org/handle/20.500.12657/48490 https://directory.doabooks.org/handle/20.500.12854/69543 eng open access image/jpeg image/jpeg Attribution 4.0 International Attribution 4.0 International https://library.oapen.org/bitstream/20.500.12657/48490/1/Bookshelf_NBK564167.pdf https://library.oapen.org/bitstream/20.500.12657/48490/1/Bookshelf_NBK564167.pdf Hart Publishers 498ac3ec-ef21-45dd-8d7c-39caddde6f4c Predictive Sentencing Wellcome Trust d859fbd3-d884-4090-a0ec-baf821c9abfd Wellcome 15 open access |
| spellingShingle | preventive detention; quarantine thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences::LNFX Criminal procedure::LNFX1 Sentencing and punishment Douglas, Thomas Chapter 5 Is Preventive Detention Morally Worse than Quarantine? |
| title | Chapter 5 Is Preventive Detention Morally Worse than Quarantine? |
| title_full | Chapter 5 Is Preventive Detention Morally Worse than Quarantine? |
| title_fullStr | Chapter 5 Is Preventive Detention Morally Worse than Quarantine? |
| title_full_unstemmed | Chapter 5 Is Preventive Detention Morally Worse than Quarantine? |
| title_short | Chapter 5 Is Preventive Detention Morally Worse than Quarantine? |
| title_sort | chapter 5 is preventive detention morally worse than quarantine |
| topic | preventive detention; quarantine thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences::LNFX Criminal procedure::LNFX1 Sentencing and punishment |
| topic_facet | preventive detention; quarantine thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences::LNFX Criminal procedure::LNFX1 Sentencing and punishment |
| url | https://library.oapen.org/handle/20.500.12657/48490 |
| work_keys_str_mv | AT douglasthomas chapter5ispreventivedetentionmorallyworsethanquarantine |