The Reform Theory of Punishment

Liberals who accept a reform theory of punishment are often unaware of the conflict which exists between their general aversion to the use of manipulative modes of influence & their willingness to endorse the use of such techniques in dealing with legal offenders. `Manipulation' is justified only when the claim to superior wisdom & moral superiority is clear. Though these conditions may be met in the case of children, they are not, normally, satisfied re legal offenders. But, in general, an offender will either have to be forced into treatment, or he will have to be manipulated. Force will be ineffective & unjust; manipulation, unjust. Hence the reform theory of punishment is either ineffective or unjust. These views in no way diminish the case for reform of penal instit's. Nor does It conflict with the desirability of giving prisoners the opportunity voluntarily to seek therapeutic help. AA.