Durkheim and marxist theories of punishment

This links to the Actuarialism risk management strategy referred to in a previous topic.

philosophy of punishment

Certain people move between various state institutions — from care — to prison — to mental hospital — throughout their whole lives, effectively being under constant surveillance by the state.

Social Contract Theory: We make a contract to give up certain rights in order for other rights to be protected, when we break that contract we deserve to have our rights taken away.

What is punishment

As a result of having every aspect of their daily lives controlled, inmates effectively lose the ability to construct their own identities and function independently. Prison seams more humane than physical punishment but in reality it is much more invasive as a means of social control. Looking specifically at imprisonment, one would conclude that the people in our prisons are dangerous or have a long criminal record and are therefore in need of capacitation , that the amount of recidivism is low as offenders will have been deterred from committing future crimes and that there will be programs for rehabilitation and opportunities for reform in place. They have been formally and publicly labelled a wrongdoer and are treated with suspicion likely for the remainder of their lives. But for many, meeting the offender is about confronting them with the real impact of their crime, asking the questions that never get answered in court, and the hope that — for some offenders at least — understanding the impact of their actions might help to prevent them reoffending. Hegemony is in simple terms leadership with the consent of the led that is leadership that is considered by those who are led to be the legitimate exercise of leadership. One conclusion that can and is often drawn from prison statistics, however, is that: Whatever regional and national differences there might be in opinions about which offences deserve custody, the poor, the disturbed, the migrant, [and] disadvantaged ethnic minorities are consistently over-penalised and over-imprisoned.

Even if the labelled individual does not commit any further deviant acts than the one that caused them to be labelled, getting rid of that label can be very hard and time-consuming. Inmates are constantly under surveillance and they have no privacy.

according to durkheim, punishment for committing a crime:

These methods link to different penal policies. The principles of distribution can be derived from these purposes. Important to our understanding of imprisonment are the two concepts of hegemony and relative autonomy.

Sociological perspectives on punishment

The deviant individual is then likely to accept the label that has been attached, seeing himself or herself as deviant, and act in a way that fulfils the expectations of that label. Moberly argues that it cannot, as this claim is only upheld when an essential attribute of punishment is that it relates to transgression of a law, and therefore the crime committed. Formatting and code needs fixing. NB2 — While Right Realists would claim that locking more people up is a causal factor in the crime rate going down over the last two decades, this claim is challenged. Unfair Advantage Principle: To restore the balance by the imposition of extra burdens on those who have usurped more than their fair share of benefits. All this is very unlike the anonymous processing and exclusionist shaming of the courts and prison sentences. Social Contract Theory: We make a contract to give up certain rights in order for other rights to be protected, when we break that contract we deserve to have our rights taken away. However most utilitarians agree that not only must punishment have both use and value, but also that there be no other solution that would deter as effectively with less distress [Honderich ]. There are 2 main types of prevention: specific and general prevention.

Interactionism Once a person is labelled as deviant, it is extremely difficult to remove that label. Please help improve this section if you can.

durkheim theory

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Sociological Perspectives on Punishment