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 The
Meaning and Nature of Punishment
David Shichor
There are conflicting theories and opinions about
the laws, rules, and customs that regulate everyday life and about how to deal
with those who violate accepted standards. Formal punishment of individuals as
an organized reaction to lawbreaking prompts serious debates concerning justice
versus utility, universality versus particularity, and consensus versus
conflict.
The problematic nature of punishment has been a
major philosophical and practical concern in Western societies for centuries.
Who has the right to punish? How should society punish? How much punishment is
just? Punishment involves agencies and representatives of government depriving
people of their liberty. It is a means of social control intended to cause a
measure of "suffering" to those who violate the law and harm others. Punishing a
member of society raises serious moral and ethical concerns; it also raises
questions about social issues such as equality and discrimination Punishment is a component of the criminal justice system commonly taken for granted. Most individuals have an opinion about punishment based on their general view of what is right and what is wrong. There are, however, invisible aspects of punishment that affect not only those who break the law and those directly affected by the incarceration of the lawbreaker but also the society that decides what type of punishment is meted out. The theoretical arguments and justifications for punishment reveal the values of society concerning justice, human rights, social equality, and relations between the state and its citizens.
 $20.95 list, 223 pages 10-digit ISBN: 1-57766-387-X 13-digit ISBN: 978-1-57766-387-4 © 2006 “What is the meaning and nature of punishment? A simple question. Finding an answer is very complex. Anyone interested in the study of punishment, whether hang ’em high or restorative justice, should read this book. In fact, the general public should read it first.” — Daniel L. Partrich, Mid-America Nazarene University Table of Contents
Introduction Part I. THE “WHY” OF PUNISHMENT 1. Social Control Formal and Informal Controls / Civil and Criminal Law / Punishment 2. Cultural, Social, and Symbolic Aspects of Law and Punishment Social Organization and Social Control / Formal Rationality / Models of Law / Symbolic Functions of Law 3. Theories and Justifications of Punishment Retribution / Deterrence / Incapacitation / Rehabilitation / Reintegration / Sustaining the Morale of the Conformists 4. Recent Trends in Penal Policies and Practices Neo-Retributionist Orientation / Neo-Utilitarian Orientation / Contemporary Debates / Selective Incapacitation / Restorative Justice / The New Penology Part II. THE “HOW” OF PUNISHMENT 5. Evolution of Incarceration Galleys and Workhouses / Banishment and Transportation 6. The Emergence of Penitentiaries and Prisons Enlightenment Influences / Quakers and the Pennsylvania System / The Auburn System / Prison Expansion / Total Institutions / Inmate Subcultures / Incarceration as Policy 7. Emerging Issues: Private Prisons and Women’s Prisons Private Prisons / Women’s Prisons 8. Parole Alexander Maconochie / Conditional Release / Political Functions / Public Disfavor 9. Probation and Intermediate Sanctions Probation / Intermediate Sanctions 10. Capital Punishment Historical Roots / Constitutionality / Rationales and Concerns 11. Special Issues in Punishment Mandatory Sentences and Three-Strikes Laws / Sentencing Commissions and Alternative Courts / The Enduring Effects of Punishment / Punishment of White-Collar and Corporate Crime / Conclusion
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