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  • 4 - Privatizing Criminal Punishment: What Is at Stake?

  • from Part I - On the Virtues of Public Provision (Agency-Based Approaches)
  • Edited by Avihay Dorfman, Alon Harel, Hebrew University of Jerusalem
  • Book:
    The Cambridge Handbook of Privatization
    Published online:
    27 August 2021
    Print publication:
    16 September 2021, pp 69-84

  • Summary

    What, if anything, is lost when we privatize criminal punishment? The literature responding to this question is already vast and growing. But it would be a mistake to understand it as forming a single, coherent line of inquiry. Writers on this topic have raised concerns of at least three different sorts. Concerns of the first sort are specific to a particular legal order, suggesting that some legal doctrine in that jurisdiction prohibits the privatization of one sort of criminal punishment or another. In the United States, for instance, much of the literature in this vein has focused on specific constitutional and administrative law doctrines, as well as specific legislative obstacles to the privatization of criminal punishment. There have been similar scholarly movements in many other countries, as well.

    There is a second literature on privatization that has more universal ambitions. These writings argue that if we privatize criminal punishment, we will necessarily run afoul of many of our broader normative commitments.