Theories of the Role of Punishment

What do Functionalists suggest as the role of punishment?

Durkheim - punishment as a necessary and functional purpose (VOS)

• reminds members of societal values

• maintains social order

• preserves social solidarity

According to Durkheim, what is the role of punishment in an Traditional Society?

Retributive Justice

• little difference and diversity between individuals = strong collective conscious is produced: “social mores”

• when collective conscience is offended, vengeful passion motivates the punishment - expressive: means of expressing outrage

Visible punishment is vital in protecting these social mores

According to Durkheim, what is the role of punishment in an Modern Society?

Restitutive Justice

• society is more specialised and individuals have different roles and skills (division of labour) - crime damages this inter-dependence of one person on another

• aim is to restore things to how they were before the offence was committed - to restore society’s equilibrium (balance)

• however, punishment still has an expressive element

Usefulness of Durkheim’s perspective on Punishment

• laid a foundation for understanding the role of punishment in society

• his theories oversimplify the complexities of social order, neglect power dynamics, assume shared values, and may not adequately consider to protection of individual rights

What do Marxists suggest as the role of punishment?

Althusser - Punishment is apart of the Repressive State Apparatus

• way of physically controlling the working class and preventing them from challenging the power of the capitalist class

Thompson’s (Marxist Historian) example of the Repressive State Apparatus

18th Century - Punishment such as hanging and transportation to colonies was part of a “rule of terror” by those who owned land (bourgeoisie)

• issued these punishments to poachers and those who stole from their lands

• possible because imperial states like Britain had colonies all over the world to send criminals too (e.g. Australia)

• criminals could work in these colonies producing more wealth for the imperial powers

According to Rusche and Kirchheimer, what is the nature of punishment regarding Economic Structures?

Nature of Punishment reflects the economic needs and power relations within a given society - Labour Market and Punishment

• rise of capitalism and the development of a wage-based labour market - penal system underwent a transformation

• contended that the capitalist system required a disciplined and flexible workforce

• prisons based on timetables, isolation and accepting hierarchical discipline - all norms that operate in factories

Punishment reflects the needs of the production and the labour market rather than any notion of justice - punishments change from bodily harm to depriving people of freedom

Usefulness of the Marxist’s perspective on Punishment

• Garland criticised Marxism - too focused on economic determinism: overlook a number of other factors that have influenced the changing nature of punishment such as ethnicity

• Perspective does not sufficiently account for variations in legal systems, crime rates, and punishment practices across different capitalist societies - e.g. some capitalist countries still use punishments such as the death penalty where as others do not