Punishment in Modern Society
Why do Marxists argue that there is no such thing as punishment as such? Critically evaluate these arguments.
When exploring the substantial role in which punishment plays in society, a number of differing perspectives can be identified. Most are influenced by social theories which can be traced back to the founding fathers of sociology; the two main proponents of the conflict and consensus theory, Karl Marx and Emile Durkheim, as authors tend to adopt ideas from either a Durkheimian approach or a Marxist position when writing on the matter of the role punishment in societies (Carrabine 2009:305). Durkheim did more than any other theorists to develop a sociological account of punishment and to emphasize the social importance of penal institutions. However, many of his interpretations appear flawed in important respects and have, more recently, been side-lined by more critical accounts of the phenomena (Garland 1990:23), such as the Marxist approach. The extensive part of this essay will concentrate on Marxists authors, as they use Marx’s hypothesis about the relationship between the social super-structure and the economic base as a fundamental methodological tool to study the role of punishment in capitalist societies. The Marxist approach generally view the penal system as part of a class- based process of economic and social control where institutions of the law and punishment reflect the interests of the dominant economic groups; which would mean that the role of ‘punishment’, as it is presented to the masses, is fictional and not at all representative of its true functions (Marsh 2004:646), and accordingly not ‘punishment as such’. All in all, this essay will make an attempt to and evaluate the theories of some of the most prominent authors who wrote from a Marxist angle or were influenced by such, while also considering their limitations and flaws.
Marx was direct in stating what his understanding and thoughts were of legal punishments in an article on
When exploring the substantial role in which punishment plays in society, a number of differing perspectives can be identified. Most are influenced by social theories which can be traced back to the founding fathers of sociology; the two main proponents of the conflict and consensus theory, Karl Marx and Emile Durkheim, as authors tend to adopt ideas from either a Durkheimian approach or a Marxist position when writing on the matter of the role punishment in societies (Carrabine 2009:305). Durkheim did more than any other theorists to develop a sociological account of punishment and to emphasize the social importance of penal institutions. However, many of his interpretations appear flawed in important respects and have, more recently, been side-lined by more critical accounts of the phenomena (Garland 1990:23), such as the Marxist approach. The extensive part of this essay will concentrate on Marxists authors, as they use Marx’s hypothesis about the relationship between the social super-structure and the economic base as a fundamental methodological tool to study the role of punishment in capitalist societies. The Marxist approach generally view the penal system as part of a class- based process of economic and social control where institutions of the law and punishment reflect the interests of the dominant economic groups; which would mean that the role of ‘punishment’, as it is presented to the masses, is fictional and not at all representative of its true functions (Marsh 2004:646), and accordingly not ‘punishment as such’. All in all, this essay will make an attempt to and evaluate the theories of some of the most prominent authors who wrote from a Marxist angle or were influenced by such, while also considering their limitations and flaws.
Marx was direct in stating what his understanding and thoughts were of legal punishments in an article on
Bibliography: Banks (2004) Criminal Justice Ethics: Theory and Practice, Sage Publications Inc, London Bumiller K (1992) The Civil Rights Society: the Social Construction of Victims, The John Hopkins University Press, Maryland Carrabine E, Lee M (2009) Criminology: A Sociological Introduction, Routledge, Oxon Falcón y Tella M, Falcón y Tella F (2006) Punishment and Culture: a Right to Punish?, Brill Academic Publishers, Mauritius Garland D (1990) Punishment and modern society: a study in social theory, Clarendon Press, Oxford Giorgi A (2006) Re-thinking the Political Economy of Punishment: Perspectives on Post-Fordism and Penal Politics, Ashgate Publishing Limited, Hampshire Howe A (1994) Punish and Critique: Towards a Feminist Analysis of Penalty, Routledge, London Koros D (2010) Prisons in the Neoliberal Era: Class and Symbolic Dimensions, Boca Rotan, Florida Marsh I, Cochrane J, Melville G (2004) Criminal Justice: an Introduction to Philosophies, Theories and Practice, Routledge, London O 'Malley P (2009) The Currency of Justice: Fines and Damages in Consumer Societies, Routledge-Cavendish, Oxon Rusche G, Kirchheimer O (1939) Punishment and Social Structure, Colombia University Press, Colombia Savelsberg J, Brühl P (1994) Constructing White-collar Crime: rationalities, Communication, Power, University of Pennsylvania Press, Pennsylvania Tunick M (1992) Punishment: Theory and Practice, University of California Press Ltd, Oxford Turner S (1993) Emile Durkheim: Sociologist and Moralist, Routledge, London Zimring F, Hawkins G (1993) The Scale of Imprisonment, University of Chicago Press Ltd, London