Restructuring The Institutional Logics of Taiwan’s Prison Labor: A Human Rights-Based Approach
In Taiwan, inmates are mandated to participate in work programs, a system long criticized for its mistreatment of prisoners. Despite numerous reform efforts, substantive change remains elusive. This Article investigates the persistence of Taiwan’s in-prison work programs through the lens of institutional logics theory and proposes a human rights-based approach to address the issue. Drawing on in-depth interviews and a focus group discussion, the study identifies four key logics sustaining these programs: security and management, bureaucracy, accounting imperatives, and competitive disadvantages. These logics stem from two opposing ideologies, market-driven and state-driven, yet collectively function to resist reform. Consequently, reform initiatives rooted in one ideology are undermined by the countervailing logics of the other, enabling the system to endure challenges. Having traced the root cause of the persistence of the in-prison work programs, the Article advocates for a human rights-centered reform strategy. It recommends redefining prison labor as a voluntary opportunity rather than a compulsory duty, thereby eliminating the coercive elements of the current system. Furthermore, it urges recognizing inmates as free workers and protecting their labor rights to dismantle the exploitative framework of in-prison work programs. Beyond its practical implications, this Article enriches institutional logics theory by demonstrating that multiple logics within a single organization can simultaneously embody conflicting ideologies and cooperate to resist change. This Janus-faced nature of institutional logics highlights an underexplored dimension of the theory, opening avenues for further research.
Recommended Citation: Mao-hong Lin, Restructuring The Institutional Logics of Taiwan’s Prison Labor: A Human Rights-Based Approach, 49 Fordham Int'l L.J. 491 (2026).