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part of an established treatment programme. In principle, untried prisoners shall be detained separately from convicted prisoners unless they consent to being accommodated or involved together in organised activities beneficial to them. Young prisoners shall be detained under conditions which as far as possible protect them from harmful influences and which take account of the needs peculiar to their age. [...] 14.1. Prisoners shall normally be lodged during the night in individual cells except in cases where it is considered that there are advantages in sharing accommodation with other prisoners. 15. The accommodation provided for prisoners, and in particular all sleeping accommodation, shall meet the requirements of health and hygiene, due regard being paid to climatic conditions and especially the cubic content of air, a reasonable amount of space, lighting, heating and ventilation. [...] 19. All parts of an institution shall be properly maintained and kept clean at all times. [...] 21. For reasons of health and in order that prisoners may maintain a good appearance and preserve their self-respect, facilities shall be provided for the proper care of the hair and beard, and men shall be enabled to shave regularly. 22.1. Prisoners who are not allowed to wear their own clothing shall be provided with an outfit of clothing suitable for the climate 210 Just English. Английский для юристов Reader. Part I 211  and adequate to keep them in good health. Such clothing shall in no manner be degrading or humiliating.
27. Prisoners may not be submitted to any experiments which may result in physical or moral injury.
33. Discipline and order shall be maintained in the interests of safe custody, ordered community life and the treatment objectives of the institution. [...] 36.1. No prisoner shall be punished except in accordance with the terms of such law or regulation, and never twice for the same act. 36.2. Reports of misconduct shall be presented promptly to the competent authority who shall decide on them without undue delay. 36.3. No prisoner shall be punished unless informed of the alleged offence and given a proper opportunity of presenting a defence. 37. Collective punishments, corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishment shall be completely prohibited as punishments for disciplinary offences. {...] 39. The use of chains and irons shall be prohibited. Handcuffs, restraint-jackets and other body restraints shall never be applied as a punishment. They shall not be used except in the following circumstances: (a) if necessary, as a precaution against escape during a transfer, provided that they shall be removed when the prisoner appears before a judicial or administrative authority unless that authority decides otherwise;
43.1. Prisoners shall be allowed to communicate with their families and, subject to the needs of treatment, security and good order, persons or representatives of outside organisations and to receive visits from these persons as often as possible. 44.1. Prisoners who are foreign nationals should be informed, without delay, of their right to request contact and be allowed reasonable facilities to communicate with the diplomatic or consular representative of the state to which they belong. The prison administration should co-operate fully with such representatives in 212 Just English. Английский для юристов Reader. Part I 213  the interests of foreign nationals in prison who may have specialneeds.
63.1. Staff of the institutions shall not use force against prisoners except in self-defence or in cases of attempted escape or active or passive physical resistance to an order based on law or regulations. Staff who have recourse to force must use no more than is strictly necessary and must report the incident immediately to the director of the institution. 64. Imprisonment is by the deprivation of liberty a punishment in itself. The conditions of imprisonment and the prison regimes shall not, therefore, except as incidental to justifiable segregation or the maintenance of discipline, aggravate the suffering inherent in this. [...] 68. As soon as possible after admission and after a study of the personality of each prisoner with a sentence of a suitable length, a programme of treatment in a suitable institution shall be prepared in the light of the knowledge obtained about individual needs, capacities and dispositions, especially proximity to relatives. [...] 70.1. The preparation of prisoners for release should begin as soon as possible after reception in a penal institution. Thus, the [ treatment of prisoners should emphasise not their exclusion from the community but their continuing part in it. Community agencies and social workers should, therefore, be enlisted wherever possible to assist the staff of the institution in the task of social rehabilitation of the prisoners particularly maintaining and improving the ' relationships with their families, with other persons and with the social agencies. Steps should be taken to safeguard, to the maximum extent compatible with the law and the sentence, the rights relating to civil interests, social security rights and other social benefits of prisoners. 71.1. Prison work should be seen as a positive element in treatment, training and institutional management. 71.2. Prisoners under sentence may be required to work, subject to their physical and mental fitness as determined by the medical officer. 71.4. So far as possible the work provided shall be such as will maintain or increase the prisoner's ability to earn a normal living after release. 71.5. Vocational training in useful trades shall be provided for prisoners able to profit thereby and especially for young prisoners. 77. A comprehensive education programme shall be arranged in every institution to provide opportunities for all prisoners to pursue at least some of their individual needs and aspirations. Such programmes should have as their objectives the improvement of the prospects for successful social resettlement, the morale and attitudes of prisoners and their self-respect. 78. Education should be regarded as a regime activity that attracts the same status and basic remuneration within the regime 214 Just English. Английский для юристов as work, provided that it takes place in normal working hours and is part of an authorised individual treatment programme. 79. Special attention should be given by prison administrations to the education of young prisoners, those of foreign origin or with particular cultural or ethnic needs. [...] 82. Every institution shall have a library for the use of all categories of prisoners, adequately stocked with a wide range of both recreational and instructional books, and prisoners shall be encouraged to make full use of it. Wherever possible the prison library should be organised in co-operation with community library services. [...] 88. In the case of those prisoners with longer sentences, steps should be taken to ensure a gradual return to life in society. This aim may be achieved, in particular, by a pre-release regime organised in the same institution or in another appropriate institution, or by conditional release under some kind of supervision combined with effective social support. [...] 89.2. Steps must be taken to ensure that on release prisoners are provided, as necessary, with appropriate documents and identification papers, and assisted in finding suitable homes and work to go to. They should also be provided with immediate means of subsistence, be suitably and adequately clothed having regard to the climate and season, and have sufficient means to reach their destination 89.3. The .approved representatives of the social agencies or services should be afforded all necessary access to the institution and to prisoners with a view to making a full contribution to the preparation for release and after-care programme of the prisoner. [.„] 92.1. Untried prisoners shall be allowed to inform their families of their detention immediately and given all reasonable facilities for communication with family and friends and persons with whom it is in their legitimate interest to enter into contact. [...] 100.1. Persons who are found to be insane should not be detained in prisons and arrangements shall be made to remove them to appropriate establishments for the mentally ill as soon as possible. 215 Reader. Part II P ART II. PHILOSOPHERS OF LAWSir Thomas More, 1478—1535 Sir Thomas More was an English statesman and writer, known for his religious stance against King Henry VIH that cost him his life. More was born in London and was educated at one of London's best schools. He later spent two years in the University of Oxford, mastering Latin and undergoing a thorough drilling in formal logic. Among his important thoughts was that the reasons for crime were to be found in economic and social conditions. He believed that if people lived in a more just and humane society they would behave better. He also thought that punishment should be sensible and that people found guilty should be made to work for the good of the community. His views were far ahead of the time, so that it was only in later centuries that his book Utopia was really understood. More's Utopia describes a pagan and communist city-state in which the institutions and policies are entirely governed by reason. The order and dignity of such a state provided a notable contrast with the unreasonable policy of Christian Europe, divided by self-interest and greed for power and riches, which More described in Book 1, written in England in 1516. Among the topics discussed by More in Utopia were penology, state-controlled education, religious pluralism, divorce, euthanasia, and women's rights. The resulting demonstration of his learning, invention, and wit established his reputation as one of the foremost Humanists. Soon translated into most European languages, Utopia became the ancestor of a new literary genre, the Utopian romance. More's History of King Richard HI, written in Latin and in English between about 1513 and 1518, is the first masterpiece of English historiography. Though never finished, it influenced succeeding historians. William Shakespeare is indebted to More for his portrait of the tyrant. More attracted the attention of King Henry VTII. The King made More one of his favourites and often sought his company for philosophical conversations. More became Lord Chancellor in 1529; he was the first layman -to hold the post. His fortunes changed, however, when he refused to support Henry's request for a divorce from Catherine of Aragon. As a strict Roman Catholic he disapproved of Henry VIH's attempt to break away from the church in Rome and set up his own Church of England. For failing to accept Henry as the head of 216 Just English. Английский для юристов Reader. Part II 217  the English church he was tried for treason in 1535 and beheaded at the Tower of London He was made a saint by the Roman Catholic Church.John Locke, 1632—1704 The ideas and writings of the seventeenth-century English philosopher John Locke deeply influenced the political outlook of the American colonists. Locke spelled out his political ideas in Two Treatises on Civil Government, first published in 1690. His writings were widely read and discussed in both Europe and America. Locke's ideas seemed to fit the American colonial experience. Colonial leaders such as Benjamin Franklin, Thomas Jefferson, and James Madison regarded these ideas as political truth. Locke's ideas became so influential that they have been called the "textbook of the American Revolution." Locke reasoned that all people were born free, equal, arid independent. They possessed natural rights to life, liberty, and property at the time they lived in a state of nature, before governments were formed. People contracted among themselves to form governments to protect their natural rights. Locke argued that if a government failed to protect these natural rights, the people could change that government. The people had not agreed to be governed by tyrants who threatened their rights but by rulers who defended their rights. Locke's ideas were revolutionary in an age when monarchs still claimed they had God-given absolute powers. Locke denied that people were born with an obligation to obey their rulers. Rather, in his Second Treatise on Civil Government, Locke insisted that freedom of people under government is to have a standing rule to live by, common to every one of that society, and made by the legislative power vested in it. Government, then, was legitimate only as long as people continued to consent to it. Both the Declaration of Independence and the* Constitution, written nearly a century after Locke, reflected Locke's revolutionary ideas. Charles-Louis de Secondat Montesquieu, 1689—1755 Montesquieu is a French political philosopher whose major work appeared under the title The Spirit of Laws. It consisted of two volumes, comprising 31 books in 1,086 pages. It is one of the greatest works in the history of political theory and in the history of jurisprudence. Its author had acquainted himself with all previous schools of thought but identified himself with none. Of the multiplicity of subjects treated by Montesquieu, none remained unadorned. His treatment of three was particularly memorable. The first of these is his classification of governments. Abandoning the classical divisions of his predecessors into monarchy, aristocracy, and democracy, Montesquieu produced his own analysis and assigned to each form of government an animating principle: the republic, based on virtue; the monarchy, based on honour; and despotism, based on fear. His definitions show that this classification rests not on the location of political power but on the government's manner of conducting policy; it involves a historical and not a narrow descriptive approach. The second of his most noted arguments is the theory of the separation of powers. Dividing political authority into the legislative, executive, and judicial powers, he asserted that, in the state that most effectively promotes liberty, these three powers must be confided to different individuals or bodies, acting independently. It at once became perhaps the most important piece of political writing of the 18th century. Though its accuracy has in more recent times been disputed, in its own century it was admired and held authoritative; it inspired the Declaration of the Rights of Man and the Constitution of the United States. The third of Montesquieu's most celebrated doctrines is that of the political influence of climate. Basing himself on the experience of his travels, and on experiments, he stressed the effect of climate, primarily thinking of heat and cold, on the physical frame of the individual, and, as a consequence, on the intellectual outlook of society. According to Montesquieu, other factors (laws, religion, and maxims of government) are of a non-physical nature, and their influence, compared with that of climate, grows as civilization advances. After the book was published, praise came to Montesquieu from the most varied headquarters. The Scottish philosopher David Hume wrote from London that the work would win the admiration of all the ages; an Italian friend spoke of reading it in an ecstasy of admiration; the Swiss scientist Charles Bonnet said that Montesquieu had discovered the laws of the intellectual world as Newton had those of the physical world. The philosophers of the Enlightenment accepted him as one of their own, as indeed he was. His fame was 218 Just English. Английский для юристов Reader. Part II 219 now worldwide. But renown lay lightly on his shoulders. His affability and modesty are commented on by all who met him. He was a faithful friend, kind and helpful to young and unestablished men of letters, witty, though absent-minded, in society.Voltaire, 1694—1778 Voltaire was the most influential figure of the French Enlightenment. Considered by his contemporaries as the greatest poet and dramatist of the century, he is now better known for his essays and tales. His precocious wit, his upbringing among a group of libertines, and his predilection for aristocratic circles were to mark his life, as his classical education by the Jesuits was to form his taste. For writing some satirical verses, he spent a year imprisoned in the Bastille (1717—1718), after which he adopted the name Voltaire. Subsequently he quarrelled with a nobleman, was returned briefly to the Bastille in April 1726, then went into exile in England for three years. There he absorbed the lessons of British liberties, deism, and literature. Then, for safety, he moved (1759) to Ferney, just inside the French border, which remained his home until his triumphal return to Paris in February 1778. Voltaire was pre-eminent in almost every genre. He catapulted to fame in 1718 with Oedipus. His historical works — History of Charles XII, Age of Louis XIV, Essay on Manners — are landmarks of historiography. Most of all, however, Voltaire was, and remains, famous as a philosopher, a fighter for reform. His ideas were expressed in poems, tracts, pamphlets, and tales, which are still universally read and admired. His philosophical works include the Treatise on Metaphysics (1734), The Disaster of Lisbon (1756), and the influential Philosophical Dictionary, a witty compendium of his ideas. Finally, Voltaire was the most prolific correspondent of the century. His thousands of letters portray his life and personality, reflect his wit and ideas, and describe his times. Voltaire was the leader and chief organizer and propagandist of the reformist group called Philosophers. He strove for collaboration with the more radical of the encyclopaedists, such as Diderot, but in 1770 the two groups could not agree on the issue of atheism or on tactics. Although Voltaire is known principally as a reformer and teller of tales, he was one of the originators of modern historiography. Although his use of history for non-historical purposes — propaganda, debunking, philosophical explanations — were justly criticised, he demanded authentic documentation and broke with tradition in his conception of history as the history of civilisation social, economic, and cultural, as well as political. Jeremy Bentham, 1748—1832 The philosopher and jurist Jeremy Bentham was born in London on the 15th of February 1748. He proved to be something of a child prodigy: while still a toddler he was discovered sitting at his father's desk reading a multi-volume history of England, and he began to study Latin at the age of three. At twelve, he was sent to Queen's College, Oxford, by his father, a prosperous attorney, who decided that Jeremy would follow him into the law, feeling quite sure that his brilliant son would one day be Lord Chancellor of England. Bentham, however, soon became disillusioned with the law, especially after hearing the lectures of the leading authority of the day, Sir William Blackstone. Instead of practicing the law, he decided to write about it, and he spent his life criticising the existing law and suggesting ways for its improvement. His father's death in 1792 left him financially independent, and for nearly forty years he lived quietly in Westminster, producing between ten and twenty sheets of manuscript a day, even when he was in his eighties. For those who have never read a line of Bentham, he will always be associated with the doctrine of Utilitarianism and his attempts to make the punishment more precisely fit the crime. This, however, was only his starting point for a radical critique of society, which aimed to test the usefulness of existing institutions, practices and beliefs against an objective evaluative standard. He was an outspoken advocate of law reform, a pugnacious critic of established political doctrines like natural law, and the first to produce a utilitarian justification for democracy. He also had much to say on subjects as diverse as prison reform, religion, poor relief and international law. A visionary far ahead of his time, he advocated universal suffrage. By the 1820s Bentham had become a widely respected figure, both in Britain and in other parts of the world. His ideas were to influence greatly the reforms of public administration made during the nineteenth century, and his writings are still at the centre of academic debate, especially as regards social policy and legal positivism and welfare economics. 220 Just English. Английский для юристов Reader. Part III 221  |