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 systematic exploration of the changing politics around immigration and the impact of resultant policy regimes on immigrant communities. It does so across a uniquely wide range of policy areas: immigration admissions, citizenship, internal immigration controls, labour market regulation, the welfare state and the criminal justice system. Challenging the current state of theoretical literature on the ‘criminalisation’ or ‘marginalisation’ of immigrants, this book examines the ways in which immigrants are treated differently in different national contexts, as well as the institutional factors driving this variation. To this end, it offers data on overall trends across 20 high-income countries, as well as more detailed case studies on the UK, Australia, the USA, Germany, Italy and Sweden. At the same time, it charts an emerging common regime of exploitation, which threatens the depiction of some countries as more inclusionary than others. The politicisation of immigration has intensified the challenge for policy-makers, who today must respond to populist calls for restrictive immigration policy whilst simultaneously heeding business groups’ calls for cheap labour and respecting legal obligations that require more liberal and welcoming policy regimes. The resultant policy regimes often have counterproductive effects, in many cases marginalising immigrant communities and contributing to the growth of underground and criminal economies. Finally, developments on the horizon, driven by technological progress, threaten to intensify distributional challenges. While these will make the politics around immigration even more fraught in coming decades, the real issue is not immigration but the loss of good jobs, which will have serious implications across all Western countries. This book will appeal to scholars and students of criminology, social policy, political economy, political sociology, the sociology of immigration and race, and migration studies.

Firozsha Baag is an apartment building in Bombay. Its ceilings need plastering and some of the toilets leak appallingly, but its residents are far from desperate, though sometimes contentious and unforgiving. In these witty, poignant stories, Mistry charts the intersecting lives of Firozsha Baag, yielding a delightful collective portrait of a middle-class Indian community poised between the old ways and the new. "A fine collection...the volume is informed by a tone of gentle compassion for seemingly insignificant lives."--Michiko Kakutani,New York Times

Cover -- Title -- Copyright -- Contents -- Acknowledgement -- Introduction: Why Do We Punish? -- 1 The Problem of Punishment -- 2 Unconscionable Punishment -- 3 The Coproduction of Justice -- 4 The Certainty of Punishment and the Proportionality of Incarceration -- 5 Imprisonment and the Right to Freedom of Movement -- 6 Are There Expressive Constraints on Incarceration? -- 7 Punishment, Restitution, and Incarceration -- 8 Communicative Theories of Punishment and the Impact of Apology -- 9 A Reparative Approach to Parole-Release Decisions -- 10 Restorative Justice in High Schools: A Roadmap to Transforming Prisons -- 11 Reforming Youth Incarceration in the United States -- 12 Policing for "Profit": The Political Economy of Private Prisons and Asset Forfeiture -- 13 Why Paternalists and Social Welfarists Should Oppose Criminal Drug Laws -- 14 The Need for Prosecutorial Guidelines -- 15 Prison Tunnel Vision -- 16 Exile as an Alternative to Incarceration -- 17 Corporal Punishment as an Alternative to Incarceration -- 18 The Potentials and Limitations of De-Incarceration -- List of Contributors -- Index

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.

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.