Evil Communication in Other Classical Texts

face of a prisoner

Scholars have cited philological and semantic connections between the evil communication phrase and earlier Greek texts. The evil-communication phrase in Menander probably had significantly different meaning from the evil communication references in these other texts. Theognis of Megara, in Elegies, ll. 31-36, has an older man advise a young male lover:

avoid ‘low’ company,
Mix only with the better sort of men.
Drink with these men, and eat, and sit with them,
And court them, for their power is great; from them
You will learn goodness. Men of little worth
Will spoil the natural virtue of your birth.^

Menander didn’t consider courtesans to be bad persons or “low company.” Courtesans had considerable cultural polish. Keeping a courtesan was high-status behavior. In Aeschylus’ Seven Against Thebes, Eteocles responds to the scout’s presentation of Amphiaraus:

How wretched is the luck of men that links
the fate of the just with the impious!
In all man does, evil relationships
are the worst evil, with crops not to be reaped.^

Here fate associates the just or pious man with unjust or impious men (as passengers on the same ship or “trapped along with them” in a city; see Seven Against Thebes, ll. 601-3). Menander would not have contrasted good and bad persons. Moreover, the evil communication phrase in Menander undoubtedly concerned women and men acting with considerable personal agency.

Menander’s Evil-Communication Phrase in Diodorus of Sicily

face of a prisoner

While the evil-communication phrase in Menander probably concerned the effect of a courtesan’s words on a young man’s relationship with his father, its field of application expanded over the next few centuries to encompass prominent leaders using artful verbal appeals to gain control of cities. The historian Diodorus of Sicily, writing about 50 BCE, described Philip II, King of Macedon and father of Alexander the Great, as a master at inducing treason. Diodorus described Philip’s tactics for conquering Greek cities:

Having…distributed a sum of money to men of influence in the cities, he gained many tools ready to betray their countries. Indeed he was wont to declare that it was far more by the use of gold than of arms that he had enlarged his kingdom.^

A leading Athenian orator of the time, Demosthenes, described the men who responded to such appeals as “the most abundant crop of traitorous, venal, and profligate politicians ever known within the memory of mankind.”^ Diodorus described the effects of Philip’s tactics with a clear allusion to Menander’s evil-communication phrase:

So, organizing bands of traitors in the several cities by means of bribes and calling those who accepted his gold “guests” and “friends,” by his evil communication he corrupted the morals {manners} of the people.^

Diodorus thus seems to have understood the evil-communication phrase to concern tactics of persuasion among political leaders. Tactics of persuasion that he considered morally bad corrupted the practice of friendship and led to the overthrow of cities.

Paul of Tarsus’ Understanding of Evil Communication in 1 Cor. 15:33

face of a prisoner

The evil-communication phrase occurs in Paul of Tarsus’ letters to the Corinthians at 1 Corinthians 15:33. The phrase is a quotation from Menander. Its context in Menander provides considerable insight into its meaning. So too do the circumstances in Corinth at the time Paul wrote his letter.

In first-century Corinth, the communication industry was important and vigorously competitive. A visitor to the city about 93 CE observed communication industry leaders “shouting and abusing one another” and “engaging in invective against each other in order to demonstrate to the crowd and to their disciples just how inferior their competitors were.”^ In such an environment, one found “a multitude of quarrels and lawsuits, harsh cries, tongues that are mischievous and unrestrained, accusers, calumnies, writs, {and} a horde of professional pleaders.”^ Those who succeeded in public oratory and argument gained considerable social status, wealth, political influence, and privileged sexual opportunities. One such industry leader described himself thus:

Here am I, a man of affairs, a leader in city life…. I am healthy, in the full vigor of life, dressed in the finest loincloth, own a house in a respectable neighborhood, am of good breeding and a source of pride for my family and friends, who are many. ^

Just like television news anchors, ambitious communication industry participants in Corinth paid careful attention to hairstyle, jewelry, and smoothness of skin. Personal beauty was an important source of competitive advantage.^ Eloquence, tone of voice, expressiveness, and unusual sexual appeal attracted public attention and contributed to market success. Teachers who attained public acclaim in Corinth could make money from speaking fees. Even more lucrative was to set up a school where ambitious young men from wealthy families would pay high fees to learn from a celebrity and be associated with him.

According to Paul of Tarsus, such communicative competition was corrupting the small, low-status Christian community that he had nourished at Corinth. Christians in Corinth were dividing into supporters of different preachers of the Christen gospel, as if the preachers of the gospel were normal competitors in the Corinthian communication market.^ Paul declared that he did not seek to compete in eloquence and wisdom of words:

Where is the wise man? Where is the scribe? Where is the debater of this age? Has not God made foolish the wisdom of the world?… For consider your call, brethren; not many of you were wise according to worldly standards, not many were powerful, not many were of noble birth; but God chose what is foolish in the world to shame the wise, God chose what is weak in the world to shame the strong ^

Paul lacked personal attributes highly valued in the Corinthian communications market.^ He lacked a forceful speaking presence.^ Described as “a man small of stature, with a bald head and crooked legs,” Paul was probably considered ugly by the prevailing standards of male physical beauty.^ Paul described himself and his companions thus:

we hunger and thirst, we are ill-clad and buffeted and homeless, and we labor, working with our own hands. When reviled, we bless; when persecuted, we endure; when slandered, we try to conciliate; we have become, and are now, as the refuse of the world, the offscouring of all things ^

Paul figured himself as a mother and as a father to the Corinthian Christians.^ He included the evil-communication phrase at 1 Corinthians 15:33, a pivotal point in that letter. Paul used the evil-communication phrase to amplify his warning that the communicative practices that structured normal competition in Corinth threatened to corrupt the way of life that he had taught the small, low-status Christian community there.

In Paul’s letter to the Corinthians, just as in Menander, the evil-communication phrase only indirectly concerns sex. The young men in Corinth who competed aggressively in the communications industry fought for prizes that included high-status sexual opportunities. Corinthian males of sufficiently high status attended banquets that featured, as after-dinner entertainment, persons, mainly women, hired to have sex with the attendees. Some Corinthian Christians probably achieved places at these banquets and had sex with the after-dinner entertainers. Paul vehemently condemned such practices.^ He urged the Corinthian Christians to be “as I am”; that is, an ugly, poor, single person who did not have sex, who worked as a manual laborer, proclaimed the gospel, and believed in the bodily resurrection of the dead in the coming new creation.^ Paul’s concerns were thus much broader than sexual behavior. In the ancient Greco-Roman world, persons with great skill in oratory and rhetoric gained privileged sexual opportunities. Paul condemned both rhetorical skill and the rewarding sexual opportunities it generated.

Paul preached a life that lessened the value of rhetorical skill for securing sex. First, he instructed women and men burning with sexual desire to marry each other, put themselves completely at the sexual service of each other, and never to seek to have sex with anyone else.^ Second, in a message that seems to be directed particularly toward men, Paul observed that God wills:

that each one of you know how to take a wife for himself in holiness and honor, not in the passion of lust like heathen who do not know God ^

Paul seems to be alluding here to the behavior of Tobiah, a figure in a Hebrew book dating from early in the second century BCE. Tobiah refused to “eat, drink, and be merry” before consummating his marriage to Sarah.^ After Sarah’s parents shut the newlyweds’ bedroom door and left them alone, Tobiah and Sarah didn’t immediately have sex:

Tobiah arose from bed and said to his wife, “My love, get up. Let us pray and beg our Lord to have mercy on us and to grant us deliverance.” She got up, and they started to pray and beg that deliverance might be theirs. He began with these words: “Blessed are you, O God of our fathers; praised be your name forever and ever. Let the heavens and all your creation praise you forever. You made Adam and you gave him his wife Eve to be his help and support; and from these two the human race descended. You said, ‘It is not good for the man to be alone; let us make him a partner like himself.’ Now, Lord, you know that I take this wife of mine not because of lust, but for a noble purpose. Call down your mercy on me and on her, and allow us to live together to a happy old age.” They said together, “Amen, amen,” and went to bed for the night. ^

The evolutionary creation of human beings has focused male sexual desire on female features correlated with high fertility.^ Paul’s instructions direct sex toward marriage engaged “in holiness and honor, not in the passion of lust,” or as Tobiah said, “not because of lust, but for a noble purpose.” Holiness, honor, and noble purpose are less observable, less objective, and less comparable across persons than fertility. The instructions that Paul offered thus imply less intense, more differentiated competition for sexual partners. At the same time, this “more excellent way” promised a long period of full sexual access without competition:

For the wife does not rule over her own body, but the husband does; likewise the husband does not rule over his own body, but the wife does. Do not refuse one another except perhaps by agreement for a season, that you may devote yourselves to prayer, but then come together again ^

Paul prefaced the evil-communication phrase in 1 Cor. 15:33 with a phrase that might be best translated as “stop being seduced.”^ Paul used the evil-communication phrase to warn against the highly skilled verbal presentations by which ambitious males in Corinth competed for rewards that included high-status sexual opportunities.

The Evil-Communication Phrase in Patristic Texts

face of a prisoner

Learned writers through at least 450 CE used the evil-communication phrase to warn against practices associated with high social status, including characteristic verbal practices. Tertullian used the evil-communication phrase twice in a long letter written in Latin about 200 CE. Tertullian’s letter is formally to his wife in her widowhood after Tertullian’s death. Immediately after his first use of the evil-communication phrase, Tertullian wrote:

Chattering, idle, wine-bibbing gossip-mongerers do the very greatest harm to widowhood. Through chattering creep in words unfriendly to modesty; through idleness they seduce one from a disciplined spiritual life; through wine-bibbing they insinuate any and every evil; through prurient gossip they incite others to compete in lustful conduct.^

Tertullian’s second use of the evil-communication phrase was in the context of considering his widow marrying a Gentile. This citation presents “fellowship of life and indivisible intimacy” as an intensification of communication.^ He described possible consequences of such communication:

For in obeying a Gentile she will carry out Gentile practices, — attention to bodily attractiveness, elaborate hairstyles, worldly elegancies, seductive blandishments, the very secrets even of matrimony done for all to see: not, as among Christians, where the duties of sex are discharged with honor and as a very necessity, performed with modesty and temperance, as under the eyes of God.^

Both contexts in Tertullian allude to practices of social elites gathered at banquets and festivals. Both of Tertullian’s uses of the evil-communication phrase warn about high-status practices.

Jerome, whose Latin translation of the Bible was the primarily western European communication of Christian scripture for more than a millennium, likewise used the evil-communication phrase to warn about high-status practices. In Rome in 384 CE in a letter formally to a young, unmarried woman named Eustochium, Jerome declared:

Idle persons and busybodies, whether virgins or widows; such as go from house to house calling on married women and displaying an unblushing effrontery greater than that of a stage parasite, cast from you as you would the plague. For {evil-communication phrase, which might here be translated as “the seductions of the socially prominent corrupt virtuous family life”}, and women like these care for nothing but their lowest appetites. They will often urge you, saying, “My dear creature, make the best of your advantage, and live while life is yours,” and “Surely you are not laying up money for your children.” Given to wine and wantonness, they instill all manner of mischief into people’s minds, and induce even the most austere to indulge in enervating pleasures.^

Jerome’s reference to a “stage parasite” indicates an actor playing the role of a flatterer, which was a common character in Menander’s plays. As a young man, Jerome wrote in the same way that other ambitious young men did:

as I was still aglow with the methods and maxims of the rhetoricians, I decked {my letters} out a good deal with the flourishes of the schools.^

Jerome, however, came to reject worldly success and became a fervent exponent of monastic asceticism. In 394 CE in a formal letter offering advice to a young friend who had joined the clergy, Jerome declared:

Welcome poor men and strangers to your homely board, that with them Christ may be your guest. A clergyman who engages in business, and who rises from poverty to wealth, and from obscurity to a high position, avoid as you would the plague. For {evil-communication phrase, which might here be translated as “striving for worldly success corrupts Christian virtue”}. You despise gold. He loves it. You spurn wealth; he eagerly pursues it. You love silence, meekness, privacy; he takes delight in talking and effrontery, in squares and streets, and apothecaries’ shops.^

Jerome understood the evil-communication phrase to concern being seduced by persons enjoying worldly pleasures, social prominence, and wealth. That’s broadly consistent with the probable context of the evil-communication phrase in Menander’s Thais.

Translating Evil Communication in the Public Sphere

face of a prisoner

During the period associated with the rise and flourishing of the public sphere in England, concern about evil communication shifted from the danger of high-status rhetoric (“evil speeches”) to the danger of associating with low-status persons (“bad company”). The public sphere and deliberative democracy in England are thought to have developed in the seventeenth century and to have been well-established by the middle of the eighteenth century. From the middle of the sixteenth century to the late nineteenth century, the meaning of evil-communications phrase shifted from evil verbal practices, to evil communication, and then to companionship with bad persons. By the start of our current communication-enriched millennium, the evil-communication phrase has became a warning against associating with rogues and failing to live according to acclaimed social conventions (“reputable lifestyles”).

Translating the Evil-Communication Phrase

textual formsourcedate
φθείρουσιν ήθη χρήσθ’ όμιλίαι κακαίMenander, as cited by Jerome in 397 CEc. 300 BCE
φθείρουσιν ήθη χρήσθ’ όμιλίαι κακαίCodex Vaticanusc. 325 CE
corrumpunt mores bonos colloquia malaJerome's Vulgatec. 405 CE
evil speeches destroy good conductWycliff Bible1382
malicious speakings corrupt good mannersTyndale Bible1525
evil words corrupt good mannersGreat Bible1539
evil speakings corrupt good mannersGeneva Bible1560
evil communications corrupt good mannersRheims Bible1582
evil communications corrupt good mannersKing James Bible1611
evil companionships corrupt good moralsEnglish Revised Version1881
bad company ruins good moralsRevised Standard Version1946
bad company corrupts good characterNew International Version1973
bad company corrupts good habitsOrr and Walther {Anchor Bible}1976
belonging to bad gangs ruins reputable lifestylesThiselton {book-length scholarly commentary}2000

The evil-communication phrase occurred in a variety of ancient texts. Its long, historic voyage of interpretation suggests that public deliberation systematically disadvantages ordinary communication among low-status persons.^ Prisoners are among the lowest of low-status persons. Ordinary personal communication with prisoners has historically been devalued. High-status communication has shown little concern for the extent of imprisonment, particularly imprisonment of men.

Communicative Practices: Fox Versus Hanway

face of a prisoner

About a century before Jonas Hanway began to condemn prisoners’ evil communication, George Fox was preaching against everyone’s evil communication. Fox was the founder of the Religious Society of Friends, commonly known as Quakers. He proclaimed to the inhabitants of London: “keep to yea and nay in all your communication; whatsoever more is evil.” Fox never achieved prominence in elite London society. Throughout his life, Fox was repeatedly imprisoned and beaten. The Quakers are notable for their distinctive embrace of silence and listening. Unlike Fox and the Quakers, penal scholars and other public figures have neither advocated silence for the general public, nor embraced silence for themselves.

Jonas Hanway was an ambitious, sophisticated, and acclaimed social reformer working among the elite of London. Hanway admired the Quakers, but he himself did not seek to emulate their communicative practices. Hanway condemned prisoners’ evil communication and advocated solitary confinement for prisoners. In the nineteenth century, intellectual and political elites world-wide similarly endorsed suppressing prisoners’ communication.

The Deliberative Problem of Prisoners’ Communication with Family and Friends

face of a prisoner

Prisoners’ communication with family and friends was an awkward issue for penal reformers who advocated suppressing prisoners’ communication. These penal reformers were concerned about corruption and contamination.^ They imagined hardened, highly skilled criminal-prisoners teaching and corrupting largely virtuous but temporarily fallen women and men. While different observers might assign different proportions to the dangerous and virtuous share of prisoners, these proportions aren’t relevant to the effects of prisoners’ communication with family and friends. Communication with family and friends would not present a risk of corruption for hardened criminals, since they are presumed to be already hardened in crime. Communication with family and friends would not present a risk of corruption for virtuous prisoners, because their family and friends were presumed to be virtuous. Why then suppress prisoners’ communication with family and friends?

Suppressing prisoners communication with family and friends makes little sense in the context of prisoners’ prospective release. Released prisoners who while in prison had little communication with family and friends would have a more difficult time re-establishing relationships with family and friends. Reformers didn’t want prisoners to form friendships in prison that would continue outside of prison. They imagined that solitude in imprisonment promoted virtue. Solitude in imprisonment was likely to contribute to solitude in life after imprisonment. Only peculiar Quaker penal reformers favored solitude and silence for the general public.

Penal reformers solved the deliberative problem of prisoners’ communication with family and friends mainly through silence. Jonas Hanway emphasized suppressing prisoners’ evil communication. While Hanway presented the prisoner’s father as a virtuous figure, Hanway pushed prisoners’ communication with family and friends into the background in his public discussion of prisoners’ communication.^ In the late eighteenth and early nineteenth centuries, Hanway was publicly honored and celebrated for his contributions to penal policy and philanthropy. Hanway helped to associate evil communication with prisoners’ communication. He contributed to the rise of the early nineteenth-century transnational consensus that prisoners’ communications should be suppressed. Hanway would not have been so influential if policy deliberation had been more sensitive to values associated with prisoners’ communication with family and friends. Structural biases in public deliberation devalued prisoners’ communication with family and friends.

Punishment at Foundations of Economic Analysis

face of a prisoner

Punishment is a topic from the foundations of economic analysis. Like Socrates founding a republic to provide the greatest happiness for all, eighteenth-century proto-economists sought “to rear the fabric of felicity by the hands of reason and law.”^ Unlike in Socrates’ Athens, in eighteenth-century Europe, bloody, public, and widely publicized punishments provided a sensational counterpart to happiness. Crime and punishment were prominent topics of public discussion in Europe’s eighteenth-century Age of Enlightenment. Seminal thinkers considered an individual’s physical experiences of pleasure and pain, the responsiveness of criminal behavior to rewards and punishments, and the interaction and aggregation of individuals’ responses. Analysis of inflicting pain to deter crime laid the utilitarian foundations for economic analysis.

Economic analysis has devalued prisoners’ communication with family and friends. The mutuality of communication fits awkwardly within the economist’s standard model of an individual responding to constraints and incentives. If economists consider communication among persons, they usually consider only a highly structured model of communicating information. Communicating with family and friends, in contrast, isn’t primarily about communicating information. In addition, economic analysis tends to put the economist on an abstract plain above the persons and circumstances being treated. From such a position, economists and others have an incentive to develop expertise in crime and in tools to treat prisoners. Prisoners’ communication with family and friend is a relatively unpropitious subject for developing social-scientific expertise. That helps to explain its devaluation in social-scientific deliberations about punishment.

Beccaria’s and Bentham’s Analysis of Prisoners’ Communication

face of a prisoner

In eighteenth-century Europe, crime and punishment was a propitious field for reasoning. Population growth, economic growth, and urbanization were increasing public concern about crime. Consequentialist reasoning, in contrast to custom, was become more common in public deliberation and increasing in public value. Eighteenth-century consequentialist reasoning about crime and punishment established the foundations for economic analysis.^ Nonetheless, the shift early in the nineteenth century to suppressing strictly prisoners’ communication occurred without any substantial influence from economic analysis. Subsequent liberalization of prisoners’ communication also occurred without any substantial influence from economic analysis. Economic analysis thus far has made no significant contribution to rational regulation of prisoners’ communication.

About the year 1764, Cesare Beccaria spurred reasoning about crime and punishment with his pioneering book, On Crimes and Punishments.^ Beccaria argued that the state had no right to punish criminals by death and that the death penalty was unnecessary and ineffective. He argue that deterrence of crime, not retribution for crime, was the only legitimate justification for punishment. Moreover, he argued that legitimate punishment cannot exceed that necessary for deterring the associated crime. He reasoned that rational punishment should be determinate and certain under law, proportionate, public, and prompt.

Beccaria did not believe that his good reasoning would win favor in public deliberation, but he hoped to gain strong support from enlightened intellectuals. Beccaria wrote:

I shall be happy if, with him {“the immortal Montesquieu”}, I can obtain the secret thanks of the obscure and peaceful disciples of reason and philosophy, and excite that tender emotion in which sensible minds sympathise with him who pleads the cause of humanity. …

I am sensible that the voice of one philosopher is too weak to be heard amidst the clamours of a multitude, blindly influenced by custom; but there is a small number of sages scattered on the face of the earth, who will echo to me from the bottom of their hearts; and if these truths should happily force their way to the thrones of princes be it known to them, that they come attended with the secret wishes of all mankind; and tell the sovereign who deigns them a gracious reception, that his fame shall outshine the glory of conquerors, and that equitable posterity will exalt his peaceful trophies above those of a Titus, an Antonius, or a Trajan.^

Although Beccaria imagined himself as writing for “a small number of sages,” he also imagined himself as expressing “the secret wishes of all mankind.” This tiered, compartmentalized communicative structure has endured at the core of subsequent social science.

Beccaria described friendships and family as obstacles to improving society. He considered friendships and family to impede greater exercise of reason and public spirit:

in the most despotic government, friendships are more durable and domestic virtues (which are always of the lowest class) are the most common, or the only virtues, existing. …

The private spirit of family is a spirit of minuteness, and confined to little concerns. Public spirit, on the contrary, is influenced by general principles, and from fact deduces general rules of utility to the greatest number.^

According to Beccaria, only a false idea of utility “separates the public good from that of individuals.”^ Beccaria’s framework of reasoning thus obscured common relations of family and friendship among persons.

Jeremy Bentham, a mid-eighteenth-century English independent scholar and philosopher, reasoned systematically and extensively about punishment. He did not apply reason to regulating prisoners’ communication with family and friends. Bentham argued that sympathetic connections such as family relationships and friendships magnify pleasure and pain:

The tendency of them is to increase a man’s general sensibility; to increase, on the one hand, the pleasure produced by all pleasurable causes; on the other the pain produced by all afflictive ones…. This is one reason why legislators in general like better to have married people to deal with than single; and people that have children than such as are childless. It is manifest that the stronger and more numerous a man’s connexions in the way of sympathy are, the stronger is the hold which the law has upon him. A wife and children are so many pledges a man gives to the world for his good behaviour.^

Bentham didn’t reason from these sensational claims to rational regulation of prisoners’ communication with family and friends. About 1778, in drafting a work on punishment , Bentham specified eight “Necessary inconveniences, which arise from the condition of a prisoner, and which form the essence of imprisonment.” Among these necessary inconveniences of imprisonment Bentham appended a clause concerning prisoners’ communication with family and friends:

5. Abridgement of the liberty of going out to enjoy agreeable society, as of relations, friends, or acquaintance, although they should be permitted to come to him.^

Bentham provided no rationale for his claim that family and friends should be permitted to visit a prisoner. Following the list of eight necessary inconveniences was a list of seven “accessory evils, commonly attendant on the condition of a prisoner.” Among the accessory evils Bentham listed:

4. Total exclusion from society. This evil is carried to its height when a prisoner is not permitted to see his friends, his parents, his wife, or his children.

5. Forced obligation of mixing with a promiscuous assemblage of his fellow prisoners.

6. Privation of the implements of writing, for the purposes of correspondence. A useless severity, since everything which is written by a prisoner may be properly submitted to inspection. If ever this privation is justifiable, it is in the cases of treason and other party crimes.^

In Bentham’s reasoning, “useless severity” is unquestionably irrational , but evil, even the height of evil, is not necessarily irrational. Bentham followed his taxonomy of evils with his characteristic style of thinking:

These different evils, which are so many positive evils in addition to the necessary evils of simple imprisonment, may be useful in penal and penitential imprisonment. We shall hereafter shew in what manner they ought to be used.

The next sentence reverses direction on one item:

But with respect to the fifth evil, the forced obligation of mixing with a promiscuous assemblage of prisoners, it is always an evil, and an evil which cannot be obviated without a change in the system and construction of prisons.^

That sentence apparently anticipated Bentham’s panopticon writings^, his efforts to secure the commission to construct the Millbank Prison, and the transnational consensus on suppressing prisoners’ communication.

Bentham’s immediately subsequent table of “evils purely abusive” doesn’t include “the forced obligation of mixing with a promiscuous assemblage of prisoners.” That table lists narrower aspects of communication among prisoners: the abusive evil “Painful sensations arising from indelicate practices,” with the corresponding remedy, “Partitions to keep the prisoners separate during the hour of rest, at least those of the one sex from those of the other”; and the abusive evil “Tumultuous noises—indecent practices—indelicate conversations,” with the corresponding remedy, “Keepers to be directed to punish those guilty of such practices. The punishment to be made known to the prisoners by being fixed up in the prison.” The table of abusive evils is thus inconsistent with his preceding remark about the fifth evil (mixing of prisoners). Bentham earlier described that evil as an accessory evil possibly useful for punishment. Perhaps Richard Smith, who in 1830 edited and published in English Bentham’s writings on punishment, inserted the sentence about the fifth evil. In any case, nothing in Bentham’s reasoning, or in his method of reasoning, provides reasoned support for either position.

Poor reasoning recurs in another reference that Bentham makes to prisoners’ written communication. Bentham states:

Among the inconveniences which may be attached to imprisonment, there is one which is particularly inequable. Take away paper and ink from an author by profession, and you take away his means of amusement and support. You would punish other individuals, more or less according as a written correspondence happened to be more or less necessary for their business or pleasure. A privation so heavy for those whom it affects, and at the same time so trifling for the greater number of individuals, ought not to be admitted in quality of a punishment. Why should an individual who has received instruction in writing, be punished more than another. This circumstance ought rather to be a reason for indulgence; his sensibility has been augmented by education; and the instructed and cultivated man will suffer more from imprisonment than the ignorant and clownish.^

This argument seems to rationalize Bentham’s particular interests using Bentham’s characteristic reasoning. One might also reason, in contrast, that authors should not be able to practice their profession in prison because other tradesmen lack similar opportunities.

Beccaria and Bentham, pioneering proto-economists who wrote extensively on crime and punishment, contributed little to public deliberation on regulating prisoners’ communication. Beccaria, despite addressing specific punishments in considerable detail, had nothing to say about prisoners’ communication. Bentham wrote about a thousand pages of manuscript concerning crime and punishment.^ Only a few lines concern prisoners’ communication. Bentham’s reasoning on this subject is incoherent. His reasoning follows intellectual fashion and narrow interests. Beccaria’s and Bentham’s proto-economic writings show the foundations of economic analysis providing weak support for analyzing communication.

Economic Analysis Has Promoted Communicative Pain

face of a prisoner

Restricting communication to develop treatment expertise became the dominant solution to the communication problem at the foundations of economic analysis. With memorable words, Jeremy Bentham declared:

Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do. On the one hand, the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne. They govern us in all we do, in all we say, in all we think: every effort we make to throw off our subjection, will serve but to demonstrate and confirm it.^

After a few more sentences, Bentham made a more important but less appreciated change in direction:

But enough of metaphor and declamation: it is not by such means that moral science is to be improved.

The new enterprise for Bentham as a proto-economist was to invest in pain and limit communication:

Dry and tedious as a great part of the discussions it {Bentham’s pioneering work in political economy} contains must unavoidably be found by the bulk of readers, he knows not how to regret the having written them, nor even the having made them public. ….

One good at least may result from the present publication; viz. that the more he has trespassed on the patience of the reader on this occasion, the less need he will have so to do on future ones…. The narrower the circle of readers is, within which the present work may be condemned to confine itself, the less limited may be the number of those to whom the fruits of his succeeding labours may be found accessible.^

Bentham thus offered readers an opportunity to make an investment that would serve both as a barrier to entry and a source of future returns. Perhaps aware of anti-commercial prejudices of some readers, Bentham also appealed to the heroic allure of a risky venture into the intellectual unknown:

Are enterprises like these achievable? He knows not. This only he knows, that they have been undertaken, proceeded in, and that some progress has been made in all of them. He will venture to add, if at all achievable, never at least by one, to whom the fatigue of attending to discussions, as arid as those which occupy the ensuing pages, would either appear useless, or feel intolerable. He will repeat it boldly (for it has been said before him), truths that form the basis of political and moral science are not to be discovered but by investigations as severe as mathematical ones, and beyond all comparison more intricate and extensive.^

While Bentham wrote this work about 1780, it wasn’t published until 1789. It was largely ignored until 1802. It subsequent became enormously influential. In the twentieth century and beyond, mountains of dry, tedious, severe, apparently useless, and scarcely read scholarly articles, not just in economics, but in many fields of social science, testify to the enduring value of Bentham’s approach.

While economic analysis has tended to become less explicitly about pain, the imposition of pain and the suppression of communication remains central to economic analysis. An economist who led twentieth-century work on crime and punishment and won a Nobel Prize in Economic Sciences declared of economic analysis:

The combined assumptions of maximizing behavior, market equilibrium, and stable preferences, used relentlessly and unflinchingly, form the heart of the economic approach as I see it.^

Here imposing pain is oriented toward the objects of study (applying assumptions of economics “relentlessly and unflinchingly”) rather than toward scholarly disciples. Both directions of application seem to be important in modern economic education and practice. Being called “rigorous,” which suggests the recent death of a living body, has become one of the highest possible compliments for an economist.

Economic analysis that many persons might freely choose to read scandalizes the very foundations of economics. So too does economic analysis that strives to be enjoyable and perhaps even provide some amusement and pleasure. Nonetheless, such economic analysis is probably the most promising means for achieving more rational regulation of prisoners’ communication with family and friends.