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Penal Disenfranchisement and Equality of Status

Research output: Contribution to Journal/MagazineJournal articlepeer-review

Published
<mark>Journal publication date</mark>7/07/2019
<mark>Journal</mark>Journal of Applied Philosophy
Issue number3
Volume38
Number of pages14
Pages (from-to)401-414
Publication StatusPublished
<mark>Original language</mark>English

Abstract

This article discusses the removal of voting rights from those convicted of crimes. I focus on two recent defences of penal disenfranchisement: firstly, I question one justification of the view that voting rights are conditional on the fulfilment of certain responsibilities that offenders fail to meet. Secondly, I criticise an expressivist justification of disenfranchisement based on the idea that it is uniquely suited to express dissociation from serious wrongdoing. While embracing the expressivist perspective of the latter line of argument, I argue that disenfranchisement also expresses attitudes that are incompatible with the commitment to equality. Disenfranchisement conveys the judgment that offenders are not fit to participate in the democratic process. In doing so, it violates the duty of the state to treat all its citizens with equal respect and undermines offenders’ equal status. Moreover, this policy fosters objectionable inequalities of esteem: other members of the community are very likely to internalise the judgment that offenders are second-class citizens and to regard them as inferior, which in turn undermines their status in society.