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Woodsworth College Courses
William Watson

Lecture 4 10/2/2013 1:06:00 PM  The idea of the sociology of punishment is by understanding the way by which it emerges, it helps us think in the broadest terms of “what to do” (a form of policy)  in what way does punishment reflect, emerge from society? whose interest does it serve? etc.  2 sociological perspectives:  1. the liberal pluralist model is more of a historical account o punishments must reflect the balance of arguments, forces of decisions, etc. o not committed to the idea that even in a modern society, not everyone can have their views heard (?) (3:00) o they modern that modern western society is much more open  example of modern family: given up on traditional punishments;  the men, women and children all have opinions on the decision o husband and wife work as a team o decision making is like this in a modern society  2. sociology of inequality o when look at punishment systems, even todays with different lobbyists and groups and democrat elections, even today there are power structures that drip through society o dominant and subordinate groups o the equaility is an illusion o there is a system of rule  dominant groups hold on to their dominance  hard to shape patterns of symmetry and dominance o you should understand the whole of society as organized by these principles of society; including punishment and criminal system  based on the powerful, and the powerless—the axis of power  punishment done to the women, to the lower races, etc. o Marxist concept of ideology: give rise to things that reflect the economic structure; in the interest of the dominant group o it is an ideological structure: presents itself as fair, but does unfair things by the ruling class  while we all have interest in property and those rights are protected, those common rights mask that fact we can’t own the means the production and owning a car or watch, etc.  the capitalist system appear to have ownership over things that should be collective, and make it sound like ownership of things that are individual  appears my right not to be stolen from to the rights of capitalist society  The notion of ideology: works best with feminism, and racial inequality  qualifications that Marxism brought in: o 1. the systems that are ideological have to do something for everyone (criminal justice protects those who won the means of production) [must meet some one our needs] o 2. ruling group must appear to make concessions (must look more equal as more groups get more power) o 3. must make real concessions (groups get sufficiently powerful enough, can force concessions) o 4. the question: how must does the ruling group have to know what its doing to make it work?  there are subtle social forces that produce our current social system  this can be applied to the family: traditionally, the parents ruled the system w/ a system of punishment (father ruled mother)  then the modern family, its more equal with the parents, but they still rule the children  the listening to the children is how the parents retain control to get them to do what they want  must meet some of the childrens need  make some bogus concession to the children to keep them happy  as the kids get older and more powerful, must make real concession (i.e. extending curfew; don’t want to, but have to because other kids get that)  how much do the parents have to know is bogus? they don’t necessarily know they are governing  2 much less obvious approaches to punishment: th  Marx wrote in the early-middle 19 century  concerns to produce social change  purpose: what we should be doing now  produced a theory of the state, not of punishment  Durkheim theory of punishment: th th  end of the 19 century and early 20 century—just after Lombroso  a dark time (end in first WW)  revolutionary enlightenment  people scared of crime and huge economic crash  believes we have to understand the sweep of history o we need to tweeze out a better route; tweak society to make it better  must understand the broader history and understand what is going on  he is obsessed with his own time—with the chaos of that time  he talks about a continuum from primitive society to advanced (what they once looked like; what they now look like)  he talks about mechanical solidarity (primitive) and organic solidarity (advanced)  solidarity: everyone society has an integrated mental and social formation; the mental structures and lives of individuals and social practice are matched in some way; that being the form of solidarity  mechanical: scarcity and no state; avoidance of punishment o apart from age and gender, everyone is in the same relation to one another o this theory good for aboriginal society o everyone is in the same life boat; all engaged in economy in the same way, and in life • Durkheim believed such a society characteristic by utterly consistent and rigid norms that guide conduct  everyone is doing the same thing  we all share a normative mental life; there isn’t a mental distinction between facts and norms  norms—rules of conduct, categories of thought, they are as concrete and real as facts to us  no distinction between facts and norms—we believe there is; facts cant be broken, but norms can  in his society, norms and rules are facts in a strange way  there are rigid cognitive norms that stand as facts in that society  where facts and norms are fussed that way (35:00) o the response is violence and repression o the transgressor is sacrificed in some way that the norms have become facts again o there is a disruption in the sense of the social fabric and the transgressor must be sacrificed  you can restore the sense of normative power  Durkheim: brutal punishment of the offender is a ; has the same functions as the initiation into a social order (i.e. celebration of manhood, etc.)  punishment is a ritual in this circumstance; no other purpose  it is not there for a moral lesson or to deter  message: the social is superior to the individual o the group norm succeeds the individual o humans need this, this is what restores their sense of security of the social order  Durkheim: all of this is the secret to punishment in any society: the ritualistic (40:00) . . . is the essence of punishment, always  if everyone has these rigid norms, are we struck there forever? stuck in a society everyone has the same skills?  the secret: when you bring together people of different groups constantly shifting groups, you get sitations like the one described o the conclusion: you are raising the spectrum of norms and facts o when you have a class of moral presets, its just how things are o beging to see a range of moral views; esp, when different groups come together , the moral structure weakens and a new moral order comes about and a new division of labor comes into play; people begin to specialize in certain things o therefore, more complex society where normal societies become more transgression o Durkheim: moral density increases o society is gradually transformed into an advanced society of labor • how much does Durkehim keep hold of his original picture?  never gives up on the idea there is a collective moral structure  the moral structure will shift under pressure  instead of valuing sameness in regards to how people do things, there is a collective moral strucre which values two new things:  1. interdependence (value the fact you are different from the person beside you; you can trade and work with them; there is an organic metaphor)  2. value individuals as a consequence (and individuality)—called the cult of the individual o mean we value the individual as an individual in the system of interdependence o the rigid structure of norms breaks down, to allow for the advanced division of labor o it is a collective identify; everyone must believe in it o we are more individual; but we also are not o we are subject to powerful collective norms over which we have no control o in this system, we are offended by violations of that normative structure (when individuality is disrupted)  offended when someone interferes with the collective whole  we respond to that with punishment  we need a ritual of punishment to restore the sense that the moral fabric holds together  the ritual can’t be the same—we must celebrate our own structures  when we punish, we do so in a different way  the correct punishment is to use repressive (for mechanical solidarity) and restitutive (for organic)  punishment will shift towards a system with a ritualistic realignment to put it back to right  he is holding onto the idea that the essence of punishment is a ritual that celebrate the moral order  he holds on to the idea we share a moral universe over which we have no control—we must accept it  punishment will naturally evolve to reflect that so we continue to celebrate the dominance of the (52:00)  we are nothing compared to the natural moral order o Durkheim: as a sociologist that understands it, as a scientist, despite the fact that the people under the two solidarities, the sociologist can confirm the true of the opposition that is being celebrated—the dominance of the society over the individual o when we are celebrating the dominance of society, we are right to do so; the social is dominant  durkehim believed that the solidarity was the absolute process that cannot be avoided  the sociologist can develop a system tha
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