Re Thinking The Political Economy Of Punishment

The political economy of punishment suggests that the evolution of punitive systems should be connected to the transformations of capitalist economies: in this respect, each 'mode of production' knows its peculiar 'modes of punishment'. However, global processes of transformation have revolutionized industrial capitalism since the early 1970s, thus configuring a post-Fordist system of production. In this book, the author investigates the emergence of a new flexible labour force in contemporary Western societies. Current penal politics can be seen as part of a broader project to control this labour force, with far-reaching effects on the role of the prison and punitive strategies in general.

Over the last fifteen years, the analytical field of punishment and society has witnessed an increase of research developing the connection between economic processes and the evolution of penality from different standpoints, focusing particularly on the increase of rates of incarceration in relation to the transformations of neoliberal capitalism. Bringing together leading researchers from diverse geographical contexts, this book reframes the theoretical field of the political economy of punishment, analysing penality within the current economic situation and connecting contemporary penal changes with political and cultural processes. It challenges the traditional and common sense understanding of imprisonment as 'exclusion' and posits a more promising concept of imprisonment as a 'differential' or 'subordinate' form of 'inclusion'. This groundbreaking book will be a key text for scholars who are working in the field of punishment and society as well as reaching a broader audience within law, sociology, economics, criminology and criminal justice studies.

This book offers a philosophical examination of incarceration as a form of punishment. A diverse group of contributors engages with research in criminology, economics, law, and sociology to help contextualize the philosophical issues.

Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the ‘meaninglessness’ of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.

The project of interpreting contemporary forms of punishment means exploring the social, political, economic, and historical conditions in the society in which those forms arise. The SAGE Handbook of Punishment and Society draws together this disparate and expansive field of punishment and society into one compelling new volume. Headed by two of the leading scholars in the field, Jonathan Simon and Richard Sparks have crafted a comprehensive and definitive resource that illuminates some of the key themes in this complex area - from historical and prospective issues to penal trends and related contributions through theory, literature and philosophy. Incorporating a stellar and international line-up of contributors the book addresses issues such as: capital punishment, the civilising process, gender, diversity, inequality, power, human rights and neoliberalism. This engaging, vibrantly written collection will be captivating reading for academics and researchers in criminology, penology, criminal justice, sociology, cultural studies, philosophy and politics.

Over the last two decades, and in the wake of increases in recorded crime and other social changes, British criminal justice policy has become increasingly politicised as an index of governments' competence. New and worrying developments, such as the inexorable rise of the US prison population and the rising force of penal severity, seem unstoppable in the face of popular anxiety about crime. But is this inevitable? Nicola Lacey argues that harsh 'penal populism' is not the inevitable fate of all contemporary democracies. Notwithstanding a degree of convergence, globalisation has left many of the key institutional differences between national systems intact, and these help to explain the striking differences in the capacity for penal tolerance in otherwise relatively similar societies. Only by understanding the institutional preconditions for a tolerant criminal justice system can we think clearly about the possible options for reform within particular systems.

These thirteen lectures on the 'punitive society,' delivered at the Collège de France in the first three months of 1973, examine the way in which the relations between justice and truth that govern modern penal law were forged, and question what links them to the emergence of a new punitive regime that still dominates contemporary society. Praise for Foucault's Lectures at the Collège de France Series “Ideas spark off nearly every page...The words may have been spoken in [the 1970s], but they seem as alive and relevant as if they had been written yesterday.”—Bookforum “Foucault is quite central to our sense of where we are...[He] is carrying out, in the noblest way, the promiscuous aim of true culture.”—The Nation “[Foucault] has an alert and sensitive mind that can ignore the familiar surfaces of established intellectual coded and ask new questions...[He] gives dramatic quality to the movement of culture.”—The New York Review of Books

It is widely believed today that the free market is the best mechanism ever invented to efficiently allocate resources in society. Just as fundamental as faith in the free market is the belief that government has a legitimate and competent role in policing and the punishment arena. This curious incendiary combination of free market efficiency and the Big Brother state has become seemingly obvious, but it hinges on the illusion of a supposedly natural order in the economic realm. The Illusion of Free Markets argues that our faith in “free markets” has severely distorted American politics and punishment practices. Bernard Harcourt traces the birth of the idea of natural order to eighteenth-century economic thought and reveals its gradual evolution through the Chicago School of economics and ultimately into today’s myth of the free market. The modern category of “liberty” emerged in reaction to an earlier, integrated vision of punishment and public economy, known in the eighteenth century as “police.” This development shaped the dominant belief today that competitive markets are inherently efficient and should be sharply demarcated from a government-run penal sphere. This modern vision rests on a simple but devastating illusion. Superimposing the political categories of “freedom” or “discipline” on forms of market organization has the unfortunate effect of obscuring rather than enlightening. It obscures by making both the free market and the prison system seem natural and necessary. In the process, it facilitated the birth of the penitentiary system in the nineteenth century and its ultimate culmination into mass incarceration today.

Why are certain methods of punishment adopted or rejected in a given social situation? To what extent is the development of penal methods determined by basic social relations? The answers to these questions are complex, and go well beyond the thesis that institutionalized punishment is simply for the protection of society. While today's punishment of offenders often incorporates aspects of psychology, psychiatry, and sociology, at one time there was a more pronounced difference in criminal punishment based on class and economics. Punishment and Social Structure originated from an article written by Georg Rusche in 1933 entitled "Labor Market and Penal Sanction: Thoughts on the Sociology of Criminal Justice." Originally published in Germany by the Frankfurt Institute of Social Research, this article became the germ of a theory of criminology that laid the groundwork for all subsequent research in this area. Rusche and Kirchheimer look at crime from an historical perspective, and correlate methods of punishment with both temporal cultural values and economic conditions. The authors classify the history of crime into three primary eras: the early Middle Ages, in which penance and fines were the predominant modes of punishment; the later Middle Ages, in which harsh corporal punishment and capital punishment moved to the forefront; and the seventeenth century, in which the prison system was more fully developed. They also discuss more recent forms of penal practice, most notably under the constraints of a fascist state.The majority of the book was translated from German into English, and then reshaped by Rusche's co-author, Otto Kirchheimer, with whom Rusche actually had little discussion. While the main body of Punishment and Social Structure are Rusche's ideas, Kirchheimer was responsible for bringing the book more up-to-date to include the Nazi and fascist era. Punishment and Social Structure is a pioneering work that sets a paradigm for the study of crime and punishment.