717 results on '"Sociology of punishment"'
Search Results
2. Torture and progress, past and promised: problematising torture's evolving interpretation.
- Author
-
Cakal, Ergün
- Subjects
- *
INTERNATIONAL law , *TORTURE , *HUMAN rights , *SOLITARY confinement , *PSYCHOLOGY - Abstract
That international law progressively recognises and prohibits emergent forms of torture and related ill-treatment has become widely accepted in the anti-torture discourse. The premise that torture's techniques and contexts change is taken to shape juridical recognition, representation and response. Authoritative international treaties, such as the UN Convention Against Torture , the European Convention on Human Rights and the Inter-American Convention to Prevent and Punish Torture , are therefore deemed 'living instruments' – influenced by social and scientific change as channelled through the doctrine of dynamic interpretation. This article argues, however, that these premises are not sufficiently empirically grounded and, far from faithfully reflecting social and scientific changes, invoke critiques around the ideological and epistemological registers of advocates and adjudicators. Taking scholarship on dynamic interpretation and forms of state violence which do not leave overt physical marks as paradigmatic entry points, this article problematises torture's juridical conceptualisation and contextualisation through a critical theoretical lens. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
3. Histórico do tratamento jurídico e institucional das crianças e adolescentes no Brasil: da produção da categoria "menor" à promulgação do Estatuto da Criança e do Adolescente.
- Author
-
Domingos Cordeiro, Veridiana and César Alvarez, Marcos
- Subjects
SOCIOLOGICAL research ,CORRECTIONAL institutions ,JUVENILE delinquency ,NEWSPAPERS ,PUNISHMENT ,JUVENILE justice administration - Abstract
Copyright of Canadian Journal of Latin American & Caribbean Studies (Routledge) is the property of Routledge and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
4. Critical Junctures and Path Dependence in Sentencing Policy: A Case Study1.
- Subjects
- *
PRISON reform , *PATH analysis (Statistics) , *SYSTEM failures , *HISTORICAL analysis , *POLICY analysis - Abstract
This paper presents a case study of sentencing policy in the adjoining, and demographically and culturally similar, states of Minnesota and Wisconsin. Using administrative data, together with historical and legal analyses of sentencing policy in each state, it (1) argues that the destabilization of the penal order represented a critical juncture during which commission‐based, presumptive sentencing guidelines were an option in both states; (2) analyzes how the decision to adopt this guidelines system in Minnesota and the failure to do so in Wisconsin initiated path‐dependent processes, making it difficult to reverse the initial policy choice; and (3) assesses how these distinct policy paths led to different penal outcomes. A concluding section discusses how analyses of path dependency shed light on the state variation in sentencing policy and provide a framework for assessing the possibilities of, and obstacles to, penal reform. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
5. Critical Junctures and Path Dependence in Sentencing Policy: A Case Study1.
- Subjects
PRISON reform ,PATH analysis (Statistics) ,SYSTEM failures ,HISTORICAL analysis ,POLICY analysis - Abstract
This paper presents a case study of sentencing policy in the adjoining, and demographically and culturally similar, states of Minnesota and Wisconsin. Using administrative data, together with historical and legal analyses of sentencing policy in each state, it (1) argues that the destabilization of the penal order represented a critical juncture during which commission‐based, presumptive sentencing guidelines were an option in both states; (2) analyzes how the decision to adopt this guidelines system in Minnesota and the failure to do so in Wisconsin initiated path‐dependent processes, making it difficult to reverse the initial policy choice; and (3) assesses how these distinct policy paths led to different penal outcomes. A concluding section discusses how analyses of path dependency shed light on the state variation in sentencing policy and provide a framework for assessing the possibilities of, and obstacles to, penal reform. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
6. Conclusion: Defamiliarizing Electronic Monitoring
- Author
-
Daems, Tom and Daems, Tom
- Published
- 2020
- Full Text
- View/download PDF
7. Racial Inequality in Punishment
- Author
-
Omori, Marisa and Johnson, Oshea
- Published
- 2019
- Full Text
- View/download PDF
8. Exceptional states: The political geography of comparative penology.
- Author
-
Brangan, Louise
- Subjects
- *
POLITICAL geography , *SOCIOLOGY , *EXCEPTIONALISM (Political science) , *CORRECTIONS (Criminal justice administration) , *SHIELDS (Geology) - Abstract
It is now common in the sociology of punishment to lament that comparative penology has not matured as an area of research. While there have been seminal works in the comparative canon, their conceptual tools tend to be drawn from grand narratives and macro-structural perspectives. Comparative researchers therefore lack concepts that can help capture the complexity of penality within a single nation, limiting the cross-national perspective. Why is this relative lack of comparative refinement still the case? This article investigates this question by looking specifically at penal exceptionalism, a concept central to comparative penology. While punitiveness as a comparative and descriptive category has been critiqued, its converse, penal exceptionalism remains prevalent but undertheorised. Examining exceptionalism reveals that it is not merely the macro-structural approach to comparison that has limited the development of cross-national sociology of punishment, but the Anglocentric assumptions, which are the bedrock of comparative penology. In this essay, I argue that penal exceptionalism versus punitiveness is an Anglocentric formulation. These taken-for-granted assumptions have become so central to the comparative enterprise that they act as a barrier to developing new innovative comparative frameworks and concepts. The article concludes by suggesting some methodological strategies that are intended as a way of helping comparative penology to expand its toolkit and support the ongoing development of more equitable criminological knowledge. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
9. Neoliberal politics and state modernization in Chilean penal evolution.
- Author
-
Wilenmann, Javier
- Subjects
- *
NEOLIBERALISM , *MODERNIZATION (Social science) , *IMPRISONMENT , *SOCIOLOGY - Abstract
Following the general rise of incarceration rates in Latin America, two general frameworks have been influential in attempting to explain the phenomenon: the neoliberal and the state transformation theses. The article takes the case of Chile, the Latin American model of neoliberal governance, to test the broad explanatory power of both frameworks. By doing so, it shows that the connection with a narrative of substitution has distortive potential. Although the Chilean case does show that investment in state capacity augmentation and output maximization mechanisms did have direct effects on incarceration rates, no change in the project of control through criminal justice can be appreciated. Rather than changing its orientation towards the type of social control it provides for, the system still stands for the traditional Latin American project of control of a large, marginalized population through confinement. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
10. Penal humanitarianism beyond the nation state: An analysis of international criminal justice.
- Author
-
Lohne, Kjersti
- Subjects
- *
HUMANITARIANISM , *INTERNATIONAL criminal law , *GLOBALIZATION , *PUNISHMENT , *SOCIOLOGY - Abstract
In a recent account of border control, Mary Bosworth introduces the notion of 'penal humanitarianism' to describe how humanitarianism enables penal power to move beyond the nation state. Based on a study of international criminal justice, this article applies and develops the notion of penal humanitarianism, and argues that that power to punish is particularly driven by humanitarian reason when punishment is disembedded from the nation state altogether. Disguising the fact of situatedness through claims to the global and universal, international criminal justice is not only a product of situated relations of power, but also constitutes new geographies of penal power. By complicating notions of humanitarianism, penal power and the state, international criminal justice raises interesting questions about the epistemological privilege of the nation state framework in the sociology of punishment. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
11. ENCARCERAMENTO EM MASSA, RACKETEERING DE ESTADO E RACIONALIDADE NEOLIBERAL.
- Author
-
Dias Minhoto, Laurindo
- Subjects
MASS incarceration ,CRIME ,VIOLENT crimes ,POWER resources ,GOVERNMENT control ,NEOLIBERALISM - Abstract
Copyright of Lua Nova is the property of CEDEC and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2020
- Full Text
- View/download PDF
12. SELF-INDUCED TEMPORARY INSANITY AND DRUG ABUSE : COURT PRACTICE AND THE CURRENT SOCIOLOGY OF PUNISHMENT
- Author
-
Rosenblom Petersson, Jeanette and Rosenblom Petersson, Jeanette
- Abstract
Background: The Swedish penal code has viewed self-induced temporary insanity, caused by intoxication, depending on which Sociology of Punishment is currently active. Starting from a lenient view of drug-induced insanity in the Middle Ages towards a harsher penal climate today. Aims: This thesis aims to investigate how the Courts of Appeals views self-induced temporary insanity. Specifically, the investigation highlights how the courts navigate between the conflicting rationalities governing criminal intent on the one hand and drug abuse on the other. Results: A thematic analysis using NVivo showed that the Court of Appeals verdicts are inconsistent regarding sentencing when addiction is involved. The results also show a lack of knowledge about addiction as an illness within the Court of Appeals and that the courts sentence substance abusers much harder than others with temporary insanity. The thesis concludes that the Rule of Law is at risk when inconsistent verdicts are commonplace.
- Published
- 2023
13. Punishment in Negotiated Transitions: The Case of the Colombian Peace Agreement with the FARC-EP.
- Author
-
Guzman, Lily Rueda and Holá, Barbora
- Subjects
- *
PUNISHMENT , *RECONCILIATION , *CONTRACTS - Abstract
The peace agreement recently concluded between the Government of Colombia and the FARC-EP not only marked a milestone in the history of Colombia and peace making; it also introduced an unprecedented penal measure: negotiated criminal punishment. This example demonstrates that criminal punishment can be moulded to accommodate the needs of a society undergoing a political transition triggered by a peace negotiation. In the 1990s Garland already pointed out that penal measures are shaped by their social and historical context, and also affect their social environment. Based mainly on a sociological perspective on punishment, this article analyses the relationship between the punishment negotiated in the recent peace talks with the FARC-EP and the Colombian government's trying to come to terms with atrocities committed during the armed conflict. Based on the Colombian experience, this article also outlines contextual factors, which shape how punishment is negotiated in the context of peace agreements [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
14. How the prison is a black box in punishment theory.
- Author
-
Kerr, Lisa
- Subjects
- *
PRISONS , *PUNISHMENT , *CUSTODIAL sentences , *IMPRISONMENT , *CRIMINAL sentencing - Abstract
The field of punishment theory promises to deal with the question of whether state punishment can be justified and on what grounds. In this field, punishment is rarely conceptualized as imprisonment. Even in the more practical subfield of sentencing theory, the realities of prison conditions rarely appear. Legal actors borrow the vocabulary of punishment and sentencing theory, proceeding as if theories speak to and justify the practice of imposing custodial sanctions and imprisonment generally. This article tries to explain how the fields of punishment and sentencing theory largely avoid the prison. The question, in a sense, is how a field can evade what is ostensibly its own subject matter. What this critique means is that sentencing authorities and other legal actors should turn away from punishment theory – or should look well beyond its boundaries – when they are thinking through the legitimacy and severity of the custodial sanctions they are imposing and administering. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
15. Inside or outside? Expanding the narratives about life-sentenced prisoners.
- Author
-
Herbert, Steve
- Subjects
- *
LIFE sentences , *PRISONERS , *PUNISHMENT in crime deterrence , *SOCIOLOGY , *IMPRISONMENT - Abstract
The number of life-sentenced prisoners in the United States is growing, an increase that deserves ongoing critical consideration. Such consideration is heightened by the fact that many lifers undergo significant personal transformations during their incarceration. This paper uses interviews with 21 life-sentenced prisoners in the state of Washington to document the degree of such transformations. These transformations create compelling questions for theoretical strains in the sociology of punishment that draw upon the seminal work of Durkheim. Further, those transformations deserve greater consideration as the politics and practices of incarceration continue to unfold in the United States. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
16. Le prix du travail pénitentiaire : construire un compromis entre économie et correction morale.
- Author
-
SIMIONI, Melchior
- Abstract
Copyright of Revue Française de Sociologie is the property of Presses de Sciences Po and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2018
- Full Text
- View/download PDF
17. The pains of police custody for children: a recipe for injustice and exclusion?
- Author
-
Miranda Bevan
- Subjects
Sociology of punishment ,Police custody ,Arts and Humanities (miscellaneous) ,Social Psychology ,Perspective (graphical) ,Sociology ,Criminology ,Suspect ,Law ,Economic Justice ,Injustice ,Pathology and Forensic Medicine - Abstract
This article utilizes the sociology of punishment, particularly the work of Gresham Sykes in 1958, to develop an understanding of the particular pains of police custody for children, drawing on the first comprehensive study in England and Wales to review the police custody process as a whole from the perspective of the child suspect. By identifying the correspondences and contrasts between the experience of adult sentenced prisoners and child suspects in detention, the analysis illuminates the damaging ramifications of harsh custody processes for children, both in terms of their effective participation in the justice process and their ongoing attitudes towards the police.
- Published
- 2022
18. The Moral Education Theory of Punishment
- Author
-
Jean Hampton
- Subjects
050502 law ,Sociology of punishment ,Punishment ,media_common.quotation_subject ,05 social sciences ,06 humanities and the arts ,Criminology ,0603 philosophy, ethics and religion ,Moral education ,Intellectual community ,State (polity) ,Political science ,060302 philosophy ,Moral psychology ,Deterrence (legal) ,0505 law ,Law and economics ,media_common ,Moral disengagement - Abstract
This chapter explores the promise of another theory of punishment which incorporates certain elements of the deterrence, retributivist, and rehabilitation views, but whose justification for punishment and whose formula for determining what punishment a wrongdoer deserves are distinctive and importantly different from the reasons and formulas characterizing the traditional rival theories. It focuses on the theory’s application to the state’s punishment of criminal offenders and looks at the theory’s implications for punishment within other societal institutions, most notably the family. The chapter shows that this theory is promising, and merits considerably more discussion and study by the larger intellectual community. Philosophers who write about punishment spend most of their time worrying about whether the state’s punishment of criminals is justifiable, so let us begin with that particular issue. Comparing punishments to electrical fences helps to make clear how a certain kind of deterrent message is built into the larger moral point which punishment aims to convey.
- Published
- 2022
19. CEZAYA ALTERNATİF BAKIŞLAR VE YENİ BİR DİSİPLİN OLARAK CEZA SOSYOLOJİSİNİN İMKANLILIĞI.
- Author
-
TÜRKMEN, Metin
- Abstract
Copyright of Journal of International Social Research is the property of Journal of International Social Research and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2017
- Full Text
- View/download PDF
20. Punishing the “Others”.
- Author
-
Light, Michael T.
- Abstract
Copyright of European Journal of Sociology is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2017
- Full Text
- View/download PDF
21. ENCARCERAMENTO EM MASSA, RACKETEERING DE ESTADO E RACIONALIDADE NEOLIBERAL
- Author
-
Laurindo Dias Minhoto
- Subjects
050402 sociology ,Sociology and Political Science ,Sociology of Punishment ,05 social sciences ,Mass Incarceration ,Tecnologias de Poder ,POLÍTICA CRIMINAL |2 larpcal ,Neoliberal Rationality ,Sociologia da Punição ,Encarceramento em Massa ,Racionalidade Neoliberal ,0506 political science ,HM401-1281 ,Political science (General) ,0504 sociology ,Racketeering ,Technologies of Power ,050602 political science & public administration ,Sociology (General) ,JA1-92 - Abstract
Resumo Argumenta-se que a análise da natureza dos regimes punitivos de países do sul global constitui plataforma privilegiada de observação do fenômeno contemporâneo do encarceramento em massa. Não apenas para iluminar o caráter articulado das tecnologias de poder e dos efeitos bumerangue que aproximam padrões de controle da conduta e governo das populações em diferentes formações sociais do capitalismo global, mas, sobretudo, para revelar a própria direção mais geral desses processos. Dessa perspectiva, analisar a experiência brasileira poderia contribuir para especificar o conceito de racionalidade neoliberal e o modo como ele configura o encarceramento em massa, na medida em que a articulação truncada entre gestão autoritária e eficiente do crime e da violência que está na base de processos de criação e reprodução de mercados ilegais e informais no país, com a consequente saturação econômica de sentido de diferentes esferas sociais, anda de par com a adoção de práticas análogas às dos rackets e com a apropriação violenta de recursos econômicos e meios de poder. Abstract The nature of punitive regimes in southern countries is argued to serve mainly as a means to observe the contemporary phenomenon of mass incarceration, not only to clarify the articulated nature of the technologies of power and the boomerang effects that bring together patterns of the control of conduct and government of populations in global capitalism but, above all, to reveal the more general direction of these processes. Thus, analysis of the Brazilian experience could contribute to specify the concept of neoliberal rationality and the way in which it constitutes mass incarceration, insofar as the truncated articulation between authoritarian and efficient management of crime and violence-which forms the basis of processes of creation and reproduction of illegal and informal markets in the country-and the consequent economic saturation of meaning of different social spheres go hand in hand with the adoption of racket-like practices and the violent appropriation of economic resources and means of power.
- Published
- 2020
22. Exceptional states: The political geography of comparative penology
- Author
-
Louise Brangan
- Subjects
Sociology of punishment ,Political geography ,05 social sciences ,Lament ,050903 gender studies ,050501 criminology ,HV8301 ,Sociology ,0509 other social sciences ,Law ,Social Sciences (miscellaneous) ,Classics ,0505 law ,Penology - Abstract
It is now common in the sociology of punishment to lament that comparative penology has not matured as an area of research. While there have been seminal works in the comparative canon, their conceptual tools tend to be drawn from grand narratives and macro-structural perspectives. Comparative researchers therefore lack concepts that can help capture the complexity of penality within a single nation, limiting the cross-national perspective. Why is this relative lack of comparative refinement still the case? This article investigates this question by looking specifically at penal exceptionalism, a concept central to comparative penology. While punitiveness as a comparative and descriptive category has been critiqued, its converse, penal exceptionalism remains prevalent but undertheorised. Examining exceptionalism reveals that it is not merely the macro-structural approach to comparison that has limited the development of cross-national sociology of punishment, but the Anglocentric assumptions, which are the bedrock of comparative penology. In this essay, I argue that penal exceptionalism versus punitiveness is an Anglocentric formulation. These taken-for-granted assumptions have become so central to the comparative enterprise that they act as a barrier to developing new innovative comparative frameworks and concepts. The article concludes by suggesting some methodological strategies that are intended as a way of helping comparative penology to expand its toolkit and support the ongoing development of more equitable criminological knowledge.
- Published
- 2020
23. Neoliberal politics and state modernization in Chilean penal evolution
- Author
-
Javier Wilenmann
- Subjects
Sociology of punishment ,Latin Americans ,media_common.quotation_subject ,05 social sciences ,Modernization theory ,0506 political science ,Politics ,State (polity) ,Political economy ,Phenomenon ,Political science ,050602 political science & public administration ,050501 criminology ,Law ,Social Sciences (miscellaneous) ,0505 law ,media_common - Abstract
Following the general rise of incarceration rates in Latin America, two general frameworks have been influential in attempting to explain the phenomenon: the neoliberal and the state transformation theses. The article takes the case of Chile, the Latin American model of neoliberal governance, to test the broad explanatory power of both frameworks. By doing so, it shows that the connection with a narrative of substitution has distortive potential. Although the Chilean case does show that investment in state capacity augmentation and output maximization mechanisms did have direct effects on incarceration rates, no change in the project of control through criminal justice can be appreciated. Rather than changing its orientation towards the type of social control it provides for, the system still stands for the traditional Latin American project of control of a large, marginalized population through confinement.
- Published
- 2019
24. Conceitos de Cultura na Sociologia da Punição
- Author
-
David Garland
- Subjects
significado ,punishment ,Sociology and Political Science ,Punishment ,media_common.quotation_subject ,Discourse analysis ,Pathology and Forensic Medicine ,Meaning (philosophy of language) ,Ethnography ,050602 political science & public administration ,explicação ,Sociology ,Social science ,explication ,punição ,0505 law ,media_common ,sociologia ,Sociology of punishment ,sociology ,compreensão ,05 social sciences ,cultural ,meaning ,cultura ,Social relation ,0506 political science ,Epistemology ,culture ,Explication ,Cultural analysis ,050501 criminology ,explanation ,Law - Abstract
The author analyses the different ways in which the concept of ‘culture’ is currently deployed in the sociology of punishment. Using a distinction first developed by W.H. Sewell Jr, he distinguishes two usages of the concept—culture as an analytical dimension of social relations (‘the cultural’) and culture as a collective entity (‘a culture’). The theoretical issues and problems entailed in these two usages are discussed and several pragmatic solutions proposed. The author argues that analytical accounts of ‘the cultural’ should be regarded as artificial (though necessary) abstractions. Descriptive ethnography, discourse analysis and textual explication ought to be viewed as components of historical or sociological explanation, not as substitutes for explanatory analysis. The author argues for the integration of cultural analysis into the explanatory project of a multi-dimensional sociology of punishment., O autor analisa as diferentes maneiras pelas quais o conceito de “cultura” é atualmente empregado na sociologia da punição. Utilizando-se de uma distinção primeiro empregada por W. H. Sewell Jr., distingue dois usos do conceito – cultura como uma dimensão analítica de relações sociais (“o cultural”) e cultura como uma entidade coletiva (“uma cultura”). As características e problemas envolvidos nesses dois usos são discutidos e diversas soluções pragmáticas são propostas. O autor defende que narrativas analíticas do “cultural” devem ser tomadas como abstrações artificiais (embora necessárias). A etnografia descritiva, a análise de discurso e a explicação textual devem ser vistas como componentes de compreensão histórica ou sociológica, não como substitutos de uma análise compreensiva. O autor defende a integração da análise cultural em seu projeto de compreensão de uma sociologia da punição multidimensional.
- Published
- 2021
25. Are All Politics Local? A Case Study of Local Conditions in a Period of “Law and Order” Politics.
- Author
-
Campbell, Michael C.
- Abstract
This article explores how voters in Contra Costa County, California, came to support aggressive criminal justice policies that helped to drive prison growth. As this case study shows, the antitax movement’s successes in the latter 1970s had important implications for local and state politics and government that ultimately shaped support for the law and order movement. Institutional structures, especially the state’s easily accessible proposition process and the considerable political power of homeowners, facilitated the antitax movement’s successes. This reflected and reinforced deep tensions between state and local government and created new problems and dilemmas for state and local lawmakers. Politically, the antitax movement’s successes helped to mobilize a powerful constituency of affluent property owners receptive to tough anticrime measures and provided a blueprint for the law and order movement’s political success. While state and local lawmakers struggled to manage new challenges, increasingly active and well-organized law and order campaigns thrived in state and local environments. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
26. The Pleasure of Punishment
- Author
-
Hörnqvist, Magnus
- Subjects
Foucault ,Penal Desire ,Penal pleasure ,Penology ,Pleasure of punishment ,Power ,Punishment and Modern Society ,Social justice ,Sociology of Punishment ,The Culture of Punishment ,bic Book Industry Communication::J Society & social sciences::JK Social services & welfare, criminology::JKV Crime & criminology ,bic Book Industry Communication::J Society & social sciences::JK Social services & welfare, criminology::JKV Crime & criminology::JKVP Penology & punishment - Abstract
Based on a reading of contemporary philosophical arguments, this book accounts for how punishment has provided audiences with pleasure in different historical contexts. Watching tragedies, contemplating hell, attending executions, or imagining prisons have generated pleasure, according to contemporary observers, in ancient Greece, in medieval Catholic Europe, in the early-modern absolutist states, and in the post-1968 Western world. The pleasure was often judged morally problematic, and raised questions about which desires were satisfied, and what the enjoyment was like. This book offers a research synthesis that ties together existing work on the pleasure of punishment. It considers how the shared joys of punishment gradually disappeared from the public view at a precise historic conjuncture, and explores whether arguments about the carnivalesque character of cruelty can provide support for the continued existence of penal pleasure. Towards the end of this book, the reader will discover, if willing to go along and follow desire to places which are full of pain and suffering, that deeply entwined with the desire for punishment, there is also the desire for social justice. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, philosophy and all those interested in the pleasures of punishment.
- Published
- 2021
- Full Text
- View/download PDF
27. Prisons, Punishment, and the Family: Towards a New Sociology of Punishment? By Rachel Condry and Peter Scharff Smith (eds) (Oxford : Oxford University Press, 2018, 336 pp. $85, hardcover. ISBN: 9780198810087)
- Author
-
Tasseli McKay
- Subjects
Sociology of punishment ,Arts and Humanities (miscellaneous) ,Social Psychology ,Punishment ,media_common.quotation_subject ,Sociology ,Criminology ,Law ,Pathology and Forensic Medicine ,media_common - Published
- 2019
28. Punishment in negotiated transitions
- Author
-
Lily Rueda Guzman, Barbora Hola, Criminology, A-LAB, and Empirical and Normative Studies
- Subjects
Fuerzas Armadas Revolucionarias de Colombia (FARC-EP) ,SDG 16 - Peace ,Sociology and Political Science ,Punishment ,media_common.quotation_subject ,Context (language use) ,Political transition ,Sociology of punishment ,Criminology ,Colombia ,Punishment in transition ,Politics ,Political science ,0502 economics and business ,050602 political science & public administration ,Sociological imagination ,media_common ,Government ,05 social sciences ,SDG 16 - Peace, Justice and Strong Institutions ,Social environment ,Justice and Strong Institutions ,0506 political science ,Peace negotiation ,Negotiation ,Law ,Political Science and International Relations ,050203 business & management - Abstract
The peace agreement recently concluded between the Government of Colombia and the farc-ep not only marked a milestone in the history of Colombia and peace making; it also introduced an unprecedented penal measure: negotiated criminal punishment. This example demonstrates that criminal punishment can be moulded to accommodate the needs of a society undergoing a political transition triggered by a peace negotiation. In the 1990s Garland already pointed out that penal measures are shaped by their social and historical context, and also affect their social environment. Based mainly on a sociological perspective on punishment, this article analyses the relationship between the punishment negotiated in the recent peace talks with the farc-ep and the Colombian government’s trying to come to terms with atrocities committed during the armed conflict. Based on the Colombian experience, this article also outlines contextual factors, which shape how punishment is negotiated in the context of peace agreements
- Published
- 2019
29. How the prison is a black box in punishment theory
- Author
-
Lisa Kerr
- Subjects
050502 law ,Black box (phreaking) ,Sociology of punishment ,Sociology and Political Science ,Punishment ,Field (Bourdieu) ,media_common.quotation_subject ,05 social sciences ,Prison ,Criminology ,State (polity) ,050501 criminology ,Criminal law ,Psychology ,Law ,0505 law ,media_common - Abstract
The field of punishment theory promises to deal with the question of whether state punishment can be justified and on what grounds. In this field, punishment is rarely conceptualized as imprisonment. Even in the more practical subfield of sentencing theory, the realities of prison conditions rarely appear. Legal actors borrow the vocabulary of punishment and sentencing theory, proceeding as if theories speak to and justify the practice of imposing custodial sanctions and imprisonment generally. This article tries to explain how the fields of punishment and sentencing theory largely avoid the prison. The question, in a sense, is how a field can evade what is ostensibly its own subject matter. What this critique means is that sentencing authorities and other legal actors should turn away from punishment theory – or should look well beyond its boundaries – when they are thinking through the legitimacy and severity of the custodial sanctions they are imposing and administering.
- Published
- 2019
30. Understanding Criminal Punishment and Prisons in China
- Author
-
Wei Wu and Tom Vander Beken
- Subjects
Sociology of punishment ,Interpretation (philosophy) ,media_common.quotation_subject ,05 social sciences ,Perspective (graphical) ,Prison ,Criminology ,Law ,050501 criminology ,Criminal law ,Sociology ,China ,Social Sciences (miscellaneous) ,0505 law ,Criminal punishment ,media_common - Abstract
This article provides an interpretation of the evolution of criminal punishment and prisons in China from an historical perspective. The historical investigation reveals that the current ganhua and paternalistic or fatherly approaches to prison corrections are expressions of an underlying cultural tradition that is deep and abiding. However, the existence of the paradoxical goals of punishment and reformation at the level of the implementation of prison sentences, which can erode the protection of the rights of prisoners, is contingent upon political and legal decisions that can be changed by acts of law and legal reform.
- Published
- 2018
31. Neo-Liberal Governmentality and Babies in Prison
- Author
-
Helen Crewe
- Subjects
Government ,Sociology of punishment ,Human rights ,Coronavirus disease 2019 (COVID-19) ,media_common.quotation_subject ,Political science ,Prison ,Criminology ,Imprisonment ,Economic Justice ,media_common ,Governmentality - Abstract
The number of babies in prison could be significantly reduced if the international human rights framework was monitored and implemented. There is a need to engage with sociological analysis to link this macro-level with micro-levelled policy and practice. This article has adapted Foucault’s concept of governmentality to analyse the neo-liberal rationalities of a Ministry of Justice review from England and Wales. The Covid-19 pandemic has led to critical contributions from a range of sources that are trying to protect the public (including babies in prison. In re-thinking imprisonment in the interests of babies, this article argues that the ‘art of government’ has meant that it is taken-for-granted that there is a need for mother and baby units. This article suggests an alternative economic framework is needed as a way forward for activists and criminologists who are actively engaging with the topic of babies in prison.
- Published
- 2020
32. Political Economy of Punishment Revisited: Why Is It Necessary To Study Political Economy of Punishment?
- Author
-
Toshimov Umidjon
- Subjects
political economy of punishment ,криминальный контроль ,the surplus population ,sociology of punishment ,остаточное население ,политическая экономия наказания ,crime-control ,социология наказания - Abstract
The neglect of studying the political economy of punishment in social sciences and humanities in transitional democracies may affect the impartiality of science as a whole. This article is devoted to offering the concept of the political economy of punishment, followed by its implications. To this end, analyzing the political economy of Tsarist Russia and the Soviet state would be the point of departure. It is argued that transformation from a command economy to a market-orientated economy in its various manifestation can indeed facilitate the emergence of ‘the surplus’ population, which could possibly be targeted by crime-control policies. It suggests that uncertainty of current economic condition resulted by economic crisis coupled with fractured policy responses against combatting the burdens of a pandemic may cause ‘mobilization’ of the most ‘crime-prone’ strata which would be penalized by tough on crime-control responses., Пренебрежение изучением политической экономии наказания в социальных и гуманитарных науках в странах с переходной демократией может повлиять на беспристрастность науки в целом. Данная статья посвящена предложению концепции политической экономии наказания с последующим ее следствием. С этой целью отправной точкой данной статьи является анализ политической экономии Царской России и Советского государства. Утверждается, что переход от командной экономики к рыночной экономике в ее различных проявлениях может действительно способствовать появлению «избыточного» населения, которое, возможно, может стать маргиналом для политики контроля над преступностью. Это предполагает, что неопределенность текущего экономического положения, возникшая в результате экономического кризиса в сочетании с раздробленными политическими ответами на борьбу с бременем пандемии, может вызвать «мобилизацию» наиболее «склонных к преступности» слоев населения, которые будут наказаны жесткими мерами по борьбе с преступностью.
- Published
- 2020
- Full Text
- View/download PDF
33. Re-examining Risk and Blame in Penal Controversies: Parole in England and Wales, 2013–2018
- Author
-
Harry Annison
- Subjects
Blame ,Populism ,Sociology of punishment ,Social order ,Punishment ,media_common.quotation_subject ,Narrative ,Sociology ,Criminology ,media_common - Abstract
This chapter considers the lessons that high-profile controversies in parole in England and Wales might provide for our understanding of dominant conceptions of risk and populism in the sociology of punishment. Sparks’ (Dangerous Offenders: Punishment and Social Order. Routledge, London, 2000) earlier examination of risk and blame in a series of scandals facing English prisons in the mid-1990s is utilized as a point of comparison and a methodological sensitizing device: the former in that this provides us with a means by which to consider what might have changed in the two decades separating these high-profile episodes; the latter in that I seek, as Sparks did, to consider what insights these ‘sorry stories’ might provide for penal theory. I thus discuss broader cultural trends regarding the recognition and involvement of ‘publics’—including victims, families, prisoners and others—in penal policy. I suggest that these developments have implications for our understanding of risk and populism, and the dominant theoretical narratives that have tended to accompany conceptions of these terms.
- Published
- 2020
34. Penal humanitarianism beyond the nation state: An analysis of international criminal justice
- Author
-
Kjersti Lohne
- Subjects
050502 law ,Sociology of punishment ,Sociology and Political Science ,05 social sciences ,Pathology and Forensic Medicine ,Power (social and political) ,Globalization ,Law ,Political science ,050501 criminology ,Nation state ,0505 law ,Criminal justice - Abstract
In a recent account of border control, Mary Bosworth introduces the notion of ‘penal humanitarianism’ to describe how humanitarianism enables penal power to move beyond the nation state. Based on a study of international criminal justice, this article applies and develops the notion of penal humanitarianism, and argues that that power to punish is particularly driven by humanitarian reason when punishment is disembedded from the nation state altogether. Disguising the fact of situatedness through claims to the global and universal, international criminal justice is not only a product of situated relations of power, but also constitutes new geographies of penal power. By complicating notions of humanitarianism, penal power and the state, international criminal justice raises interesting questions about the epistemological privilege of the nation state framework in the sociology of punishment.
- Published
- 2018
35. Avances teóricos y problemas en la sociología del castigo
- Author
-
David Garland
- Subjects
Sociology of punishment ,050402 sociology ,Mass incarceration ,Punishment ,media_common.quotation_subject ,05 social sciences ,Criminology ,Scholarship ,0504 sociology ,050501 criminology ,Sociology ,Law ,Social Sciences (miscellaneous) ,0505 law ,media_common - Abstract
Los últimos veinte años han visto un notable incremento en la cantidad y extensión de los estudios sobre «el castigo y la sociedad». Junto con esta expansión cuantitativa, también se han presentado importantes desarrollos cualitativos en materia de investigación, análisis e interpretación, muchos de los cuales pueden considerarse avances científicos. Este artículo especifica una serie de dimensiones en que se han mejorado la teoría, el método y los datos en el campo, y a su vez identifica algunos problemas y desafíos continuos. Se utilizan ejemplos de la literatura sobre el surgimiento del “encarcelamiento masivo” y la naturaleza de la “guerra contra las drogas” para dar cuenta del abanico de recursos teóricos que han desarrollado los académicos en este campo, y para relevar algunas preguntas empíricas y teóricas que quedan por resolver. The last twenty years have seen a remarkable increase in the extent and range of “punishment and society” scholarship. Together with this quantitative expansion, there have also been important qualitative developments in research, analysis and explanation – many of which can be counted as scientific advances. This article specifies a number of dimensions along which theory, method and data in this field have been improved and also identifies some continuing challenges and problems. Examples from the literature on the emergence of “mass incarceration” and the nature of the “war on drugs” are used to indicate the range of theoretical resources that scholars in this field have developed and to point to empirical and theoretical questions that remain to be resolved.
- Published
- 2019
- Full Text
- View/download PDF
36. Towards a Sociology of Punishment for International Criminal Justice
- Author
-
Kjersti Lohne
- Subjects
Sociology of punishment ,Sociology ,Criminology ,Criminal justice - Abstract
The final chapter situates some of the book’s major findings within contemporary resistance towards international criminal justice as global justice. It addresses how current pushback against international criminal justice is not only part of the story of the breaking of the universal and the move towards a multipolar, or a multiregional, system of international relations; pushback is also a result of the unevenness, tensions, and disconnections as revealed throughout the book’s analysis. Criminal justice has materialized transnationally with transnational agents and with ideas of criminal justice as part of a narrative of civilization circulating between borders. Therefore the book concludes by sketching out some key orientations for a sociology of punishment beyond the nation state.
- Published
- 2019
37. Conclusion: Defamiliarizing Electronic Monitoring
- Author
-
Tom Daems
- Subjects
Sociology of punishment ,Sociology ,Imprisonment ,Functional analysis (psychology) ,Epistemology - Abstract
This chapter offers a number of reflections on how an exploration of the functions of electronic monitoring is useful for understanding EM in contemporary cultures of surveillance. The functional analysis inspired by Willem Nagel’s study of imprisonment is presented as a prolegomenon that helps to defamiliarize electronic monitoring, that is, it helps asking questions that ‘…make evident things into puzzles’ (Bauman 1990: 15). Three questions are being addressed in this final chapter: do we have too little or too much electronic monitoring?; is electronic monitoring a failure or a success?; is electronic monitoring Appolonian or Dyonisian?
- Published
- 2019
38. Punishment and Welfare revisited
- Author
-
David Garland
- Subjects
Sociology of punishment ,Punishment ,media_common.quotation_subject ,Discourse analysis ,05 social sciences ,Criminology ,050903 gender studies ,050501 criminology ,Sociology ,0509 other social sciences ,Law ,Welfare ,Social Sciences (miscellaneous) ,Social politics ,0505 law ,media_common - Abstract
First published in 1985, Punishment and Welfare: A History of Penal Strategies develops a number of themes that continue to animate the research agenda of today’s sociology of punishment. This essa...
- Published
- 2018
39. Bruce Western, Homeward: Life in the Year After Prison
- Author
-
Michael Gibson-Light
- Subjects
Sociology of punishment ,Sociology and Political Science ,Inequality ,media_common.quotation_subject ,Prison ,Sociology ,Criminology ,media_common ,Criminal justice - Published
- 2019
40. Reimagining the sociology of punishment through the global-south: postcolonial social control and modernization discontents
- Author
-
David Santos Fonseca
- Subjects
Sociology of punishment ,Mass incarceration ,05 social sciences ,Postcolonialism (international relations) ,Modernization theory ,0506 political science ,Scholarship ,Crime control ,Political economy ,050602 political science & public administration ,050501 criminology ,Sociology ,Law ,Social Sciences (miscellaneous) ,Social control ,0505 law ,Criminal justice - Abstract
Traditional theoretical accounts in the sociology of punishment largely overlook the situation of crime control and mass incarceration outside Western democracies. In this sense, their explanatory power has a limited reach. It is fundamental to engage with different contexts for expanding the scope of this transdisciplinary field, while also rethinking its foundational canons. By thinking through the global-south, the present argument advocates the development of a decentred perspective to punishment and crime control. In a two-pronged approach, the article argues that peripheral countries have attempted to modernize their criminal justice apparatuses, while social control in Western democracies has increasingly adopted postcolonial features. The aim is not only to expand this scholarship by encompassing more diversity, but also to refine existing accounts through insights from other realities.
- Published
- 2017
41. PENALITY AND THE PENAL STATE.
- Author
-
GARLAND, DAVID
- Subjects
- *
PUNISHMENT , *CRIMINAL justice policy , *CAPITAL punishment , *IMPRISONMENT rates , *BLACK prisoners , *DRUG control , *CAPITAL punishment sentencing , *IMPRISONMENT , *HISTORY , *HISTORY of capital punishment ,SOCIAL aspects - Abstract
The sociology of punishment has developed a rich understanding of the social and historical forces that have transformed American penality during the last 40 years. But whereas these social forces are not unique to the United States, their penal impact there has been disproportionately large, relative to comparable nations. To address this issue, I suggest that future research should attend more closely to the structure and operation of the penal state. I begin by distinguishing penality (the penal field) from the penal state (the governing institutions that direct and control the penal field). I then present a preliminary conceptualization of 'the penal state' and discuss the relationship between the penal state and the American state more generally. [ABSTRACT FROM AUTHOR]
- Published
- 2013
- Full Text
- View/download PDF
42. Cape Legal Idioms and the Colonial Sovereign.
- Author
-
Pavlich, George
- Abstract
A crucial element of sovereignty politics concerns the role that juridical techniques play in recursively creating images of the sovereign. This paper aims to render that dimension explicit by focusing on examples of crime-focused law and colonial rule at the Cape of Good Hope circa 1795. It attempts to show how this law helped to define a colonial sovereign via such idioms as proclamations, inquisitorial criminal procedures, and case narratives framing the atrocity and appropriate punishment for crimes. Referring to primary texts of the time, the paper explores how procedures and narratives of Cape law were also deeply involved in fashioning specific images of the sovereign in whose name it claimed to operate. [ABSTRACT FROM AUTHOR]
- Published
- 2013
- Full Text
- View/download PDF
43. Yes or No Minister: The Importance of the Politician-Senior Civil Servant Dyad in Irish Prison Policy.
- Author
-
Rogan, Mary
- Subjects
- *
POLITICIANS , *CIVIL service , *PRISON policy , *CRIMINAL justice policy , *PUNISHMENT , *CRIMINOLOGY ,SOCIAL aspects - Abstract
Irish prison policy is notable for the absence of an ideological agenda driving its direction and content. This article examines the impact of the relationship between Minister for Justice, the member of Cabinet responsible for the criminal justice system and prisons in Ireland, and the most senior civil servant within that Department, in the creation of this policy landscape. The Minister-Secretary General dyad in the area of Irish prison policy during the early 1960s is explored in order to assess the importance of this relationship in the formation of prison policy. This period was one of the few in Irish penal history when momentum to change the prison system was evident. The article draws on emerging scholarship on policy analysis within criminology. It suggests that engagement with the policy-making process can provide meaningful data to explain the nature of criminal justice policy. [ABSTRACT FROM AUTHOR]
- Published
- 2011
- Full Text
- View/download PDF
44. For penal moderation.
- Author
-
LOADER, IAN
- Subjects
- *
ESSAYS , *CORRECTIONS (Criminal justice administration) , *CRIMINAL law , *CRIMINAL justice system ,PHILOSOPHY of punishment - Abstract
The 2008 financial crash, and the lessons it teaches us about the costs of unregulated excess, offers an opportunity to think anew about, and seek to temper, the enthusiasm for excessive punishment that has swept across several western societies in recent years. Taking this as my point of departure, I make the case in this article for a public philosophy of punishment that can speak to the times we now inhabit--what I call penal moderation. I begin by describing the value and role of a public philosophy of punishment and setting out the constitutive elements of penal moderation as a candidate for such a philosophy. These elements are restraint, parsimony and dignity. I then indicate how penal moderation might be put to work as an intervention in contemporary cultures and practices of punishment--by naming excess, drawing lessons from 'moderate' times and places, emphasizing that punishment is a social and political choice, and reconfiguring the relation between penal practice and 'public' opinion. I conclude by assessing two contrasting--if not mutually exclusive--styles of penal moderation that I term moderation-by-stealth and moderation-as-politics. My claim is that while the former offers a route to short-term reform, the latter is ultimately more consistent with penal moderation's aspiration to serve as a public philosophy. [ABSTRACT FROM AUTHOR]
- Published
- 2010
- Full Text
- View/download PDF
45. Explorations into the sociology of criminal justice and punishment: leaving the modernist project behind.
- Author
-
Karstedt, Susanne
- Subjects
- *
SOCIOLOGY , *LAW , *PUNISHMENT , *SOCIOLOGISTS , *SOCIAL sciences , *CRIMINAL law - Abstract
Law has been a close partner to sociology from its very beginning, and the partnership often has proven to be extremely prolific for sociology. Grand theories as well as vital conceptual tools can be counted among its offspring. Both disciplines share the common ground of socio-legal studies, which has developed into a nearly independent interdisciplinary enterprise where legal scholars and sociologists happily meander between the normative and the analytical. From the vast array of topics in the field of socio-legal studies I select the sociology of criminal justice and punishment in order to demonstrate the characteristics of this relationship. The partnership between sociology and law emerged as part of the modernization project in the 19th and 20th centuries, and the sociology of punishment was part of this endeavour. Rooted in a strong tradition of old (Durkheim) and new (Elias, Foucault) classics, recent developments in this field are leaving the idea of an 'unproblematically modern punishment' (Whitman, 2005a) behind, and new fields of inquiry for comparative lawyers and sociologists are opening up. [ABSTRACT FROM AUTHOR]
- Published
- 2007
- Full Text
- View/download PDF
46. Inside or outside? Expanding the narratives about life-sentenced prisoners
- Author
-
Steve Herbert
- Subjects
Sociology of punishment ,05 social sciences ,050501 criminology ,0501 psychology and cognitive sciences ,Narrative ,Sociology ,Criminology ,Law ,Social Sciences (miscellaneous) ,Life imprisonment ,050104 developmental & child psychology ,0505 law - Abstract
The number of life-sentenced prisoners in the United States is growing, an increase that deserves ongoing critical consideration. Such consideration is heightened by the fact that many lifers undergo significant personal transformations during their incarceration. This paper uses interviews with 21 life-sentenced prisoners in the state of Washington to document the degree of such transformations. These transformations create compelling questions for theoretical strains in the sociology of punishment that draw upon the seminal work of Durkheim. Further, those transformations deserve greater consideration as the politics and practices of incarceration continue to unfold in the United States.
- Published
- 2017
47. African Americans and punishment for crime: A critique of mainstream and neoliberal discourses
- Author
-
Jason M. Williams and Nishaun T. Battle
- Subjects
Sociology of punishment ,Punishment ,media_common.quotation_subject ,05 social sciences ,Rehabilitation ,050109 social psychology ,Criminology ,050501 criminology ,Criminal justice policy ,Mainstream ,0501 psychology and cognitive sciences ,Sociology ,Law ,0505 law ,media_common - Abstract
Understandings of punishment within the criminological enterprise have failed to capture the nuances associated with experiencing punishment. Moreover, mainstream academic discourses are inherently...
- Published
- 2017
48. Punishment and solidarity? An experimental test of the educative-moralizing effects of legal sanctions
- Author
-
Thomas C. Baker and Justin T. Pickett
- Subjects
Sociology of punishment ,Punishment (psychology) ,media_common.quotation_subject ,General strain theory ,05 social sciences ,Anger ,Criminology ,Morality ,Solidarity ,Mechanical and organic solidarity ,050501 criminology ,Sanctions ,Psychology ,Law ,Social psychology ,0505 law ,media_common - Abstract
Both scholars and legal practitioners have long theorized that a central function of criminal punishments is to reinforce moral values and, in so doing, symbolically reaffirm the vitality of the shared beliefs that underpin social trust and bonding—or what Durkheim refers to as “mechanical solidarity”. Crime, according to this theoretical scholarship, is a symbol of disconsensus and possesses the potential to trigger a demoralization cascade. Punishment counteracts the demoralizing effect of crime by demonstrating that a consensus remains about the moral boundaries in society and that legal authorities continue to have the motivation and resources necessary to enforce this consensus. Versions of this denunciatory or expressive theory of punishment can be found in the criminological, sociological, and legal literatures. All varieties of the theory share a common feature: to date, they have largely escaped empirical scrutiny. The current study tests this theoretical tradition’s foundational hypotheses using data from a randomized factorial survey experiment conducted with a sample of 5042 Americans. The findings provide no support for expressive theories of punishment. However, the evidence does show that punishment may play an important role in reducing the emotional impact of crime on citizens. Specifically, when the offender is caught and punished it appears to diminish the aversive emotional reactions (e.g., anger) caused by learning that a crime was committed in the first place. Our study suggests that, although punishing crimes may not influence individuals’ social or moral beliefs, it might serve another important function by attenuating potentially criminogenic emotional reactions to crime, such as anger. The sanctioning effect, then, shares similarities with conventional coping mechanisms described in general strain theory.
- Published
- 2017
49. Why punishment pleases: Punitive feelings in a world of hostile solidarity
- Author
-
Henrique Carvalho and Anastasia Chamberlen
- Subjects
Sociology of punishment ,Punishment ,media_common.quotation_subject ,05 social sciences ,Punitive damages ,Poison control ,Identity (social science) ,Solidarity ,Pleasure ,HV ,Argument ,050501 criminology ,Sociology ,Law ,Social psychology ,Social Sciences (miscellaneous) ,0505 law ,media_common - Abstract
The argument advanced in this paper is that the motivation to punish relies on punishment producing a kind of solidarity that allows individuals to pursue emotional release together with a sense of belonging, without having to question or address why it is that they felt alienated and insecure in the first place. This raises the possibility that the reason why we believe punishment to be useful, and why we are motivated to punish, is because we derive pleasure from the utility of punishment. Simply stated, punishment pleases. It then analyses the relationship between punishment and solidarity to investigate why and how punishment pleases. We argue that the pleasure of punishment is directly linked to the specific kind of solidarity that punishment produces, which we call hostile solidarity. The paper explores the links between punishment and identity in order to examine the allure of hostile solidarity and then draws implications from this perspective and sets out an agenda for future research.
- Published
- 2017
50. Punishment, Democracy and Transitional Justice in Argentina (1983-2015)
- Author
-
Diego Zysman Quirós
- Subjects
Sociology of punishment ,Latin Americans ,Sociology and Political Science ,Human rights ,Punishment ,Transitional justice ,media_common.quotation_subject ,05 social sciences ,Social Sciences ,Criminology ,Economic Justice ,Democracy ,Green criminology ,Social pathology. Social and public welfare. Criminology ,050501 criminology ,Sociology ,HV1-9960 ,Law ,0505 law ,media_common - Abstract
Latin America has neither suffered the majority of mass atrocities in the contemporary world nor the worst of them but, after a sustained period of transition to democracy, it holds the record for the most domestic trials for human rights abuses. Argentina is an emblematic case in Latin America and the world. Due to the early development of its human rights trials, their social impact and their scale, it has a leading role in what is known as ‘the justice cascade’. Until recently, leading scholars in sociology of punishment have studied the penality of ‘ordinary crimes’ through causally deep and global narratives largely from the perspective of the Global North. State crimes and regional paths of transitional justice have been neglected in their accounts. This paper will question this state of affairs – or ‘parallelism’ – through an exploration of the punishment of both ‘common crimes’ and ‘state crimes’ in Argentina, thus contributing to the growing body of scholarship on southern criminology.
- Published
- 2017
Catalog
Discovery Service for Jio Institute Digital Library
For full access to our library's resources, please sign in.