CRM/LAW C7 Chapter Notes - Chapter 2 (pp. 14-26): Criminal Law, Sociological Perspectives, Penology
Document Summary
Penology (common among lay public and criminologists/criminal justice practitioners: view punishment as technique of crime control, question: what works? (technical, effectiveness study critical tool for evaluating penal measures. Philosophy of punishment branch of moral philosophy (enlightenment: punishment as a distinctively moral problem, what is just? , ethical reasoning and moral appeal > empirical research or technical knowledge. I: punishment and social solidarity: the durkheimian. Perspective: emile durkheim: punishment is a moral process, preserve shared values/normative conventions on which society is based ii. Involuntarily concluded contract : courts help regenerate basic ideological forms of capitalist society in the face of actualities (inequality, unfreedom, destitution) iv. Idea of violence to offenders becomes repugnant itself, largely abolish corporal/capital punishment and replace with other sanctions undertaken by specialists and professionals in enclaves largely removed from public. If sensibilities do influence forms that punishments take, then : theoretical consequence that any analysis of penal forms/history must take these issues into account.