The Concept of Punishment in the Socio-Cultural Context. From Theoretical Justifications to Penal Abolitionism

Bachelor Thesis from the year 2011 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 1, University of Hull, language: English, abstract: This writing argues that punishment should be interpreted in wide social, political, and economic contexts. The cultural prism is seen as a determinant variable which defines the use and perception of punishment; defines its meanings and acceptability. Analysis of various ways of punishment may help to unfold specific cultural features of particular society. This academic account discusses theoretical justifications of punishment. The paper critically analyses the characteristic features of the late modernity that may have an impact on the tendency of high punitiveness in contemporary Western societies. It aims to unfold the negative effects of imprisonment and look at related to incarceration issues in a broad social context. Through critical overview of theoretical explanations of punishment this paper points to the substantial potential of penal abolitionism. The paradigm of penal abolitionism is seen as a source of alternative ideas to the dominant discourse of punishment. The inquiry into abolitionist ideas in general, and into Nils Christie's works in particular, attempts to suggest that an open creative approach towards non-punitive innovations may prove to be beneficial to all members of society. This paper attempts to explain the tendency of high punitivity in some Western societies (including the UK) by pointing to their common cultural aspects. Philosophical ideas and theoretical interpretations of punishment are seen as additional variables that contribute to broader social meanings, understanding, and implementation of penal practices. Penal practices reflect specific frameworks of values. Contemporary Western countries share similar social trends such as consumerism, individualism, and insecurity, yet in respect of punitivity they have different levels of tolerance. Cultural context shapes the application of penal practices. Penal institutions and theoretical justifications of punishment, besides from being part of politics and economy, represent specific features of collective conscience, archetypes, and power relations within society. Justifications of punishment and its legislative enactments are conditioned by multiple social causes. To sum, penal practices have complex causes and they produce complex consequences.