Garland

Question 1

What does the article discuss?

Answer 1

penal institutions

Question 2

Who does this article look at?

Answer 2

Durkheim

Marx

Foucault

Elias

Question 3

What are the super broad opinions from:
Durkheim
Marx
Foucault
Elias

Answer 3

Durkheim: Punishment = Moral process

Marx:
-Penal institutions and economic requirements for means of production
- Penal institutions keep powerful powerful
Most popular: it is the labour market that determines the penal methods and patterns of use

Foucault: How to explain the disappearance of one type of punishment
-Modern punishment = disciplinary power (way to control the human body and make it useful)

Elias: Modern: Boundary lines which determine what is acceptable punishment and what is cruel (ex. Stonings, executions)

Question 4

Explain Punishment and Social Solidarity: The Durkheimian perspective:

Answer 4

Punishment = Moral process
- Preserve the shared social values that social life is based on
- View punishment on broader social plane (not on individual criminals)

Criminal law reflects the morals of that society

So crimes violate the ‘collective conscious’

Question 5

What two important points does Durkheim insist on? And the conclusion he draws from them

Answer 5

1. Wider population feels involved in the act of punishing
2. Attempts to make it rational / impassive, it is still still marked by punitive sentiments and emotional reactions

Therefore punishment isn’t a mechanism but instead an expressive institution

Question 6

What is the true role of punishment according to Durkheim?

Answer 6

In punishing criminals it restores the confidence and moral integrity in the power of moral order

Applicable to modern and historic systems

Question 7

What does Durkheim say about correction, rehabilitation, and prevention?

Answer 7

dismissed in Durkheim’s eyes (says its a modern delusion by the penal administrators)

Question 8

What are the Limitations of Durkheim’s theory:

Answer 8

One dimensional

Doesn’t have anything to say about how institutions are influenced by social sources.

Elites are often in charge of punishment
In modern times, punishment is now behind the scenes

FINAL CRITICISM: Punishment does have functions - but they usually function for certain social groups and not the whole society

Question 9

What are the criticisms of Durkheim’s theory of collective consciousness?

Answer 9

He claims the morality of a society is indicative of each individual (Not true)

Better to think of it as: dominant social groups morals

Question 10

What are Marxist writings of punishment are based on?

Answer 10

neo-marxists (not buddy himself)

Question 11

What do Neo-marxists argue about punishment?

Answer 11

Some discuss connection between penal institutions and economic requirements for means of production

Others discuss role of punishment in political/ideological class struggles (keeping powerful powerful)

Question 12

What is the most popular Marxist theory?

Answer 12

Punishment and social structure

To what extent pattern of penal development is determined by “mode of production”

PROPOSE:
Punishment is own social phenomenon (not response to crime). And penal intuitions should be seen with their connection to other institutions (it’s a mechanism operating in struggle between classes)

Argue:
it is the labour market that determines the penal methods and patterns of use
Ex. when slavery and forced labour was a thing: exploitation of labour was considered a punishment

Question 13

According to the Marxist perspective, how do penal systems ensure the continued stratification between classes?

Answer 13

ensures that poor classes cannot make a living via criminal means

Question 14

Criticisms of Marxist ideas of punishment:

Answer 14

1st ones overestimate the power of economic powers

Hard to describe relations between economic interests and penal outcomes

They should admit that criminal law class functions are combined with genuine social functions

Question 15

Explain Michel Foucault’s opinion on penal system

Answer 15

How to explain the disappearance of one type of punishment

His interpretation: punishment is a political tactic amid power relations
-Modern punishment = disciplinary power (way to control the human body and make it useful)

Question 16

Why are prisons a main form of punishment?

Answer 16

emergence of prison as the form of punishment for every crime grew out of the development of discipline (as a concept)

Question 17

Limitations of Foucults theory?

Answer 17

1. Focus on relations of power, neglects: moral values, emotional sensitivities etc
2. Some punishments aren’t disciplinary (ex. Fine, death penalty)
3. He said prisons failed in disciplinary project: then what is required for it’s success?

Question 18

Explain Norbert Elias and the “Civilizing” of Penal Methods?

Answer 18

Includes sensibilities (which most others excluded) (emotions)

Basically: Modern punishment is based on boundary lines of what is acceptable and what is not (ex. stoning and executions)

We based these boundary lines on sensibilities (feelings)

“Civilizing process” moves to privatize disturbing events (ex. Sex, violence, suffering, illness etc)

Takes place over long period of time = “typical civilization curve”

Question 19

According to Elias: Punishment then vs now?

Answer 19

SO: punishments used to be public, now not. Cuz of sensibilities and ‘civilizing process’

Now: Matters which ‘form’ the punishment takes: now, its discreet, removed from view, we don’t hear prisoners suffering,
- Ex. lethal injection in US (very sanitized execution)

Question 20

What does the author warn us about these frameworks?

Answer 20

Warning from author: dont use punishment and give one cause of it. Can’t say just “morals” or “economics”
-They Show us different constraints in policy
-And social consequences
-Tool for inquiry, not a substitute for it

Question 21

Issue with Foucault? (independent issue on what he focuses on)

Answer 21

does not cover whole process of punishment (focuses on one aspect of the process)
-Wants to know rationality of modern power

Question 22

Issue with Durkheim? (independent issue on where be based his info)

Answer 22

Wants to understand social morality
Based his stuff on courtroom ritual and legislation of criminal law

Question 23

Reminder about punishment (free be)

Answer 23

Punishment is very complex

Question 24

What is the overall point of the reading?

Answer 24

Many social dimensions of punishment (they should be explicit)

System is complex, can’t just analyze one factor (we must look at all influences and why it exists)

Legal punishment is deeply social