ABSTRACT

The question addressed is whether prison inmates have a moral right of access to recreation, entertainment and diversion. The interests grounding such a right are first discussed. I then consider whether and to what extent a theory of legal punishment that incorporates both retributive and crime reduction aims, while giving primacy to the former, supports such a right. It is argued that such a theory supports a moral right to at least moderate levels of prisoner access to recreation, entertainment and diversion. Two further issues are then discussed – first, whether the state has an obligation to actually facilitate such access as opposed to simply not interfering with it, and second, what restrictions the state can reasonably impose on such access.