ABSTRACT
This chapter creates space to consider penal philosophies as moral justifications first. This stands in contrast to many policy characterizations of philosophies as competing paths to optimum system efficiency. For example, under a predominantly technocratic framework, rehabilitation might be deemed superior to deterrence, but only because its effectiveness, no matter how slight, means lower system costs in the end. The principle of utility provides a theoretical roadmap for constructing legislation; as goes human nature, so goes the law. The science-informed and state-implemented strategy of rehabilitation was widely celebrated at The National Prison Congress of 1902. The term post-classic is used to mark this division, although the words "division" and "post" may be overstatements. Incapacitation is often referred to as a fourth philosophy of punishment, although, many would dispute this categorization. Economic pragmatism denotes the growing footprint and acceptance of economics in the discourse and practice of punishment.
