Lecture 5.doc

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University of Toronto St. George
Woodsworth College Courses
William Watson

* Go see prof about essay during next week’s office hours *write everything in plurals (check circled words on paper --” offender.....them” - match in terms of being singular and plural Recap: 4 Sociological Theories of Punishment 1. LiberalPluralists: don’t believe, even in a liberal democracy, that the process by which decisions are made are made in a transparent way in which everyone gets say a. certain people have more influence and this can change b. don’t see the structure of the system but that you have to work through it c. the degree to where there is a social process towards policy development -- only role of punishment in society d. challenge critics (of structure arguments) that they don’t know what’s going on behind the doors -- under the table transactions 2. SociologiesofInequality: a. Marxism - diff relations to the economy and therefore divergent interests i. in order to fundamentally understand how they work you need to understand how one economic class dominates the other - key of class struggle is exploitation -- foundations = superstructure which is based on the economy -- every arrangement is eventually for the interests of the working class -- we have things that look like they’re benefitting everyone, but ultimately only benefitting the dominant class -- everything works int he interests of the working class -- social force or conspiracy? ii. the state must looks as if it is being fair although it never can bc it protects the property of the capitalist & not protecting the property of the working class even though the law makes it look like it is iii.what makes something a crime? street crime vs. white collar crime iv.3 qualifications of this model^: a governmental system HAS to meet some of people’s needs (we have basic criminal justice needs); has to be that one can make concessions (capitalist group as to be able to make some concessions) - and they can make bogus concessions (i.e. welfare system); sometimes the working class is ABLE TO push REAL CONCESSIONS which are not perfect - not the ultimate benefits for the working class v. lib plu: by the time marxists have gotten sophisticated enough to show that real and fake concessions are being met...whats the diff between what we are saying and what you are saying? There are interest groups in both theories 3. Durkheim’sTheoryofPunishment: a. paradoxically aimed at understanding the chaos in which he lived -- time period b. society has 2 harmonious stages: i. Primitive stage/Mechanical Solidarity - everyone has the same role, skills in society -- division in labor (men hunt, women gather) --- human beings become bounded by v powerful norms -- so much that these norms seem like physical facts -- punishment serves as a ritual to reinforce that the normative stricture is in place - relays the ultimate superiority of the human collectivity which is bigger and more important than the individual -- we are not bigger than society - repressive punishment- they have a deep need to know that the universe has control of us and will keep us safe -- feel danger of own autonomy -- punishmentisaritual--acelebrationofthedominanceovertheindividual ii. Organic Solidarity - as society develops a complex division of functions -- along with this comes a complex set of world views and they clash -- recognize that norms are not facts -- diff people think about norms differently - a new social order where we share certain core norms (valuing the fact that we have functional independence vs. mechanical where we value people for their similarities) -- we are valued for the fact that we contribute sth diff which helps society become functional -- we value the individual -- think of them as being precious entities, have unique attributes -- what will gradually emerge is a diff social order -- the punishment is still a ritual but has to reflect the current social order (has to value individual over collective vs. mechanical solidarity) -- celebrating interdependence and individuality --- the form of punishment which will emerge is restitutive -- punishment becomes making good on the faults you have created - everyone will understand the punishment ritual, understand why it has to be performed and get satisfaction from that -- religion and science will merge iii.Qualifications: breakdown of norms without the old ones coming back - egotistical selfishness- repressive punishments getting piled on with he state trying to control the society which is in chaos - we need a core of repressive punishments for certain crimes but we will also have restitutive punishments bc we can’t only have restitutive iv.lib plu: don’t like his theory; soc of ineq: frustrated w durkheim bc making it sound like the imp experiences we have are the ones we share - we don’t have the same experiences bc we are in diff places in society 4. Focault’sTheoryofPunishment a. history of punishment is one of the most imp institutional frames that sets society as it is b. its not self contained -- changes in punishment have an effect which help to structure society in the deepest and widest way c. look to the history of punishment to give u an idea of the changing nature of society itself d. modern era/post enlightenment: shift between situation where punishment goes form being brutal and physical (but superficial in terms of social control) e. gov’t did not have a capacity to force itself in our everyday experiences -- thought of as amateur f. we live in a very disciplined society -- this idea develops in the prison -- idea of intense work discipline g. central idea: basic idea of needing to have more rational gov’t - science can help us understand how ppl in society function h. deterrence theory is superficial (according to Focault) i. the deepest way in which we are disciplined is the idea of abnormality and pathology (not deterrence) -- idea that criminals have something deeply wrong with them j. psychology developing through 19th century -- turns into psychiatric and psychological understanding of crime and punishment k. using science ^ to categorize the population and manipulate it & work out technique to control it -- this is the nature of modern society l. he says there are no liberating foundations in society -- there are ways in which we allow ourselves to be controlled and manipulated m. judgements of people is internal and unconscious -- don’t know you are doing it but you are n. see that you bought into that picture ^ -- has become part of this worldview -- understand urself as someone who is efficient, has pathologies, can work on them and can fix them but we need help/expertise in order to do it -- we are too complex for ourselves to understand and so we rely on the system -- he wants us to reject this bc it is bogus and dangerous o. shift to a third type of gov’t: form of gov’t which is not so disciplined and manipulative -- use new technique to order society -- getting ppl to be responsible for their own welfare --- E.g. getting ppl to take out insurance or join neighborhood
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