Download Annual Review of Law and Social Science, Vol. 1, 2005 by John Hagan, Kim Lane Scheppele, Tom R. Tyler eds. PDF

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By John Hagan, Kim Lane Scheppele, Tom R. Tyler eds.

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Other studies have related the treatment of criminal offenders to the treatment of nonenslaved low-status workers. Pieter Spierenburg, in work that provides an important historical corrective to the claims of Foucault, has explored the connections between the prison and the workhouse in early modern Europe. From a very early date, prisoners were subjected to a harsh work regime and commingled with the destitute in houses of forced labor (Spierenburg 1991). The implication of these studies is much the same: The way we punish criminals is often closely related to the way we discipline low-status workers, whether free or unfree.

In more complex, market-oriented societies, the division of labor itself was adequate to create social bonds, and criminal punishment was pro tanto less necessary (Durkheim 1984, 1992). Durkheim’s theory is perhaps the classic example of an account of modernity that is plainly wrong. The example of punishment in the contemporary United States is sufficient to undermine Durkheim’s claims. Market forces play a larger role in steering American society than they do anywhere else in the industrialized world.

Rev. ed. Feeley M. 1997. Comparative criminal law for criminologists: comparing for what purpose? In Comparing Legal Cultures, ed. D Nelken, pp. 93–104. Aldershot, Hants, UK/Brookfield, VT: Dartmouth Feeley M, Simon J. 1992. The new penology: notes on the emerging strategy of corrections and its implications. Criminology 30(4):449– 74 Fletcher G. 1994. Is conspiracy unique to the common law? Am. J. Comp. Law 43:171 Foucault M. 1977. Discipline and Punish: The Birth of the Prison. Trans. A Sheridan.

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