Kant: constitutivism as capacities-first philosophy

Over the last two decades, Kant’s name has become closely associated with the “constitutivist” program within metaethics. But is Kant best read as pursuing a constitutivist approach to meta- normative questions? And if so, in what sense? In this essay, I’ll argue that we can best answer these questions by considering them in the context of a broader issue – namely, how Kant understands the proper methodology for philosophy in general. The result of this investigation will be that, while Kant can indeed be read as a sort of constitutivist, his constitutivism is ultimately just one instance of a much more general approach to philosophy – which treats as fundamental our basic, self-conscious rational capacities. Thus, to truly understand why and how Kant is a constitutivist, we need to consider this question within the context of his more fundamental commitment to “capacities-first philosophy”

Local and Non-Local Jail Use: An Examination of a Sample of Alaska Community Jail Detainees

An earlier version of this report was presented at the annual meeting of the Academy of Criminal Justice Sciences, Washington, DC, April 2001.Data collected for the Alaska Community Jails Statewide Research Consortium included neither race nor place of residence. Because of their interest in both racial distribution and the use of the jail by nonresidents, the fifteen member jails provided this information for a random sample of detainees. The sample consisted of 1,687 detainees, more than a third of whom were not from the communities in which they were held. There was considerable variation by facility and much of the variance appears to be related to the nature of the community and its relationship to surrounding villages and to its geographic location in the state.Research supported by Grant No. 98-CE-VX-0014 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice.[Introduction] / Background / The Rural Sample / Conclusion / Bibliograph

Prison Visiting Policies and Practices [paper]

A later version of this paper was published as: Schafer, N.E. (1991). "Prison Visiting Policies and Practices." International Journal of Offender Therapy and Comparative Criminology 35(3): 263–275 (Fall 1991). (http://dx.doi.org/10.1177/0306624X9103500308).Based on empirical evidence that visiting is significantly related to parole success, several authorities have encouraged correctional institutions to maximize visiting opportunities. Previous studies have noted geographical and architectural limits to such maximization. A decade of prison construction should have improved visiting opportunities. This paper reports the results of a national survey of visiting policies and draws comparisons with surveys reported in 1978 and 1954.Abstract / Introduction / The 1987 Survey / Conclusion / Table 1. Schedule of Visiting Hours / Reference

Discretion, Due Process, and the Prison Discipline Committee

A revised version of this paper was published as: Schafer, N.E. (1986). "Discretion, Due Process and the Prison Discipline Committee." Criminal Justice Review 11(2): 37–46 (Fall 1986). (http://dx.doi.org/10.1177/073401688601100207).Prison discipline received considerable attention from both the courts and professional organizations during the decade of the 1970s. It was widely assumed that the due process requirements which resulted from judicial review coupled with the promulgation of model discipline standards and procedures would limit the broad discretionary authority found in the traditional prison disciplinary process. A case study of the activities of one prison discipline committee suggests that these external pressures have had less impact on decision-making than such internal pressures as overcrowding. Due process requirements have not greatly inhibited the exercise of discretion in the prison discipline process.Abstract [Introduction] / Background of the Study / Prison Discipline in Indiana / Case Study of an Indiana Prison Discipline Committee / Discussion / Figures / Notes / References / Cases / Appendix: List of Violation

A Comparison by Race of Juvenile Referrals in Alaska

This paper is a based on the report A Comparison by Race of Juvenile Referrals in Alaska: Phase II Report by N.E. Schafer (Anchorage, AK: Justice Center, University of Alaska Anchorage, May 1998).A data set comprised of all juveniles referred to Alaska youth corrections in the fiscal years 1992–1996 shows disproportionate referral of Alaska Native and African American youth when compared to their proportions in the general population. Minorities also appear more likely than white youth to accumulate multiple referrals. Random samples selected within each racial group are used to seek extra-legal factors which may account for some of the disparity. Information on family and home life, school, personal problems, and the details of each referrals and each referral outcome were extrapolated from the files of the sample which included 39 white youth, 35 Alaska Native youth, and 37 African American youth. Special attention was paid to youth who accumulated multiple referrals.This study was made possible by a gift from Cook Inlet Region, Inc. and was conducted in collaboration with the Alaska Division of Family and Youth Services.Abstract [Introduction] / Disproportionality Literature / Research on Alaska Natives and the Criminal Justice System / Background of the Study / Research Methodology / Findings / Conclusions / Bibliography / Appendix A: Referrals of Habitual Offenders (5 or more referrals

Exploring the Link between Visits and Parole Success: A Survey of Prison Visitors [manuscript]

This manuscript, as revised, was published as: Schafer, N.E. (1994). "Exploring the Link between Visits and Parole Success: A Survey of Prison Visitors." International Journal of Offender Therapy and Comparative Criminology 38(1): 17–31 (Spring 1994). (http://dx.doi.org/10.1177/0306624X9403800103)An exploratory survey of visitors to two men's prisons finds that the visitors differ in some significant ways from prisoners' families previously described in the literature. The results raise some questions about the correlation that has been established between visits and post-release success and provoke suggestions for in-depth research into visitor/prisoner relationships.Abstract / [Introduction] / Research Method / Survey Results / Prisoners' Wives / Parents and Siblings / Female Friends / Discussion / Conclusion / Reference