scholarly journals Redresser les torts : l’abolitionnisme et le contrôle de la criminalité

Criminologie ◽  
2005 ◽  
Vol 25 (2) ◽  
pp. 115-137 ◽  
Author(s):  
Willem de Haan

In this article 'abolitionism' will be discussed as a social movement, a theoretical perspective, and a political strategy. Strategies for penal reform will be dealt with and the implications of the abolitionist perspective for crime control will be discussed. As a theoretical perspective, abolitionism takes on the twofold task of providing a radical critique of the criminal justice system while showing that there are other, more rational ways of dealing with crime. It will be argued that what is needed is a wide variety o social responses rather than a uniform state reaction to the problem of crime. Therefore, a reconceptualization of the notions of crime and punishment is offered in the form of the concept of redress. In policy terms it is claimed that social policy instead of crime policy is needed in dealing with the social problems and conflicts that are currently singled as the problem of crime.

2020 ◽  
Vol 28 (3) ◽  
pp. 309-326 ◽  
Author(s):  
Roger Matthews

Abstract A great deal has been written about the changing nature and direction of criminology over the past two decades, including claims that we are moving into a “new penology.” Many of these claims are suggestive rather than authoritative. In contrast to most commentaries on the subject, this article provides longer historical overview and attempts to sketch out how the central structures or “pillars” of the criminal justice system have become weakened and eroded over the last 200 years and how the emergence of body of “new crimes” and their regulation is challenging what might be called the “old criminology.” The emergence of new relations between victims and offenders, criminal justice and social justice, as well as the development of innovative modes of regulation are, it is argued, changing the social and criminological landscape. This raises issues of theory and practice that challenge traditional conceptualisations of crime and punishment.


1998 ◽  
Vol 10 (4) ◽  
pp. 367-398 ◽  
Author(s):  
Janet C. Gornick ◽  
David S. Meyer

Both the legal definition of rape and the social responses to it have changed dramatically over the last twenty-five years. The sorts of assaults classified as criminal, the willingness of women who have been raped to turn to the criminal justice system, the rules of prosecution, and the penalties imposed on those found guilty have all been the explicit subjects of public debates initiated in the early 1970s by activists who broke the silence of earlier decades. Activists' engagement with the policy process throughout the 1970s altered institutions and policy at the local, state, and federal levels, and also affected the development and claims of the broader women's movement.


Author(s):  
Paul H. Robinson

Crime-control utilitarians and retributivist philosophers have long been at war over the appropriate distributive principle for criminal liability and punishment, with little apparent possibility of reconciliation between the two. In the utilitarians’ view, the imposition of punishment can be justified only by the practical benefit that it provides: avoiding future crime. In the retributivists’ view, doing justice for past wrongs is a value in itself that requires no further justification. The competing approaches simply use different currencies: fighting future crime versus doing justice for past wrongs. It is argued here that the two are in fact reconcilable, in a fashion. We cannot declare a winner in the distributive principle wars but something more like a truce. Specifically, good utilitarians ought to support a distributive principle based upon desert because the empirical evidence suggests that doing justice for past wrongdoing is likely the most effective and efficient means of controlling future crime. A criminal justice system perceived by the community as conflicting with its principles of justice provokes resistance and subversion, whereas a criminal justice system that earns a reputation for reliably doing justice is one whose moral credibility inspires deference, assistance, and acquiescence, and is more likely to have citizens internalize its norms of what is truly condemnable conduct. Retributivists ought to support empirical desert as a distributive principle because, while it is indeed distinct from deontological desert, there exists an enormous overlap between the two, and it seems likely that empirical desert may be the best practical approximation of deontological desert. Indeed, some philosophers would argue that the two are necessarily the same.


2021 ◽  
Vol 33 (4) ◽  
pp. 259-261
Author(s):  
Arthur Rizer ◽  
Dan King

For the past 50 plus years the United States has been debating the very nature of our criminal justice system. Are we too lenient? Are we too vindictive? Do we give too much power to our cops and prosecutors or too many protections to defendants? But maybe most important, is there a better way? Can we ensure we have both safety and dignity built into our system? These questions are extremely difficult for law makers to answer because of the moral implications involved with crime and punishment, but also because of one glaring weakness: data sharing and reporting. We simply do not have comprehensive data collection systems for policy makers to draw on to design interventions that can protect public safety and help heal community wounds. While there is no silver bullet that will fix these problems, we believe attention should be paid to: 1) fixing inconsistencies in key terms so data collection can be universal, 2) fixing the issues with delayed reporting so the data we have is up to date for researchers and policy makers, and 3) addressing issues with inadequate and inconsistent data storage so not only will the data be available but assessable to those who can use it to improve the system.


2021 ◽  
pp. 214-235
Author(s):  
Alexey E. Kozlov ◽  

The article examines the phenomenon of spatial imagination in the plot and composition of the allegorical story by the critic and writer, member of the Petrashevsky Circle Nikolai Dmitrievich Akhsharumov. Turning to the most generalized Siberian topos and ignoring the numerous ethnographic information accumulated both in periodicals and in special studies, the writer constructs a dystopian plot, drawing on the novels by N.G. Chernyshevsky and F.M. Dostoevsky. Special attention should be paid to the polemic of Akhsharumov with the novel Crime and Punishment, which began in a critical article and continued beyond its borders, in a literary text. Akhsharumov begins his work from the point and coordinates where Crime and Punishment actually ends. When in a Siberian settlement, a gold digger and hunter, a former convict Lazar implements an educational project: he gives animals a language (according to the method of Robertson and Wundt) and law, teaches them the social principles of community and creates a kind of phalanstery. The social experiment gets out of control and ends in failure: “citizens of the forest” begin to worship the personified symbol of animal primal fear – the Great Fly totem. An uprising flares up to defeat a forcibly cultivated democracy, which yields to authoritarianism and totemism. By choosing the totem of the Great Fly, the forest dwellers finally lose their civic consciousness, appearing in their natural form and at the same time showing that there is no place for people, whoever they are, in their world (neither for life, nor, especially, for resurrection ). Like most dystopias, Citizens of the Forest demonstrates several phases of a social project: the formation of a civil society, its heyday and fall. Akhsharumov shows how the harmony of the animal world flings itself on mercy of one person and the word given to him; how the mass instinct (instincts of survival, reproduction, etc.) prevails over the needs of each individual (cattle or creature, as follows from the text). Citizens of the Forest creates an alternative value architectonics, due to which the life path of the protagonist, largely corresponding to the Old Testament, personifies the non-possibility of the resurrection miracle. The article attempts to describe not only intertextual links to political literature, utopias of Fourier, Cabet and Owen, dystopias in the spirit of Hobbes’ Leviathan, but also biographical lines associated with portraits of the writer’s brother, Fourierist Dmitry Akhsharumov, and M.V. Butashevich- Petrashevsky. Akhsharumov created space from scratch. Turning to the most primitive model of the Siberian text, and starting from strong texts (most likely, Voinarovsky and Crime and Punishment), Akhsharumov intuitively determined its two limits: a short novel, which begins as a story of the New World, ends with a descent into the kingdom of the dead. Siberia, which became a part of an ideological project and showed opportunities for a utopian perception, turned out to be reversible and easily transposed into a dystopia. Thus, despite the low aesthetic quality and numerous formal flaws, Citizens of the Forest remains one of the most significant evidences of spatial imagination, allowing to see in the choice of topos both ideological (from Icaria to Phalanstery) and conditionally biographical equestrianism (from family legends to political jokes). Siberia, as a space of imagination becomes the topos of an experiment continued by the writer in his fantastic story “Wanzamia”, directly replicating Cabet’s “Icaria”.


2018 ◽  
Vol 6 (1) ◽  
pp. 87-98
Author(s):  
Flavio Felice

Abstract What do we mean by “civil” and “civil society”? This paper attempts to describe a complex notion of “civil economy” in Sturzo’s theoretical perspective of the social market economy. According to this political theory, “civil” is not opposed to “market,” which is not opposed to “the political” (the state). Rather, instead of being the transmission belt between the state and market, civil is the galaxy in which we find also the market and the state (but not only), each with its own functions. This tradition – rooted in Christianity – was able to oppose both Nazi and communist totalitarianism, while many Catholics made an impossible attempt to exhume corporatism.


2013 ◽  
Vol 12 (1) ◽  
pp. 124-139
Author(s):  
Monika Jean Ulrich Myers ◽  
Michael Wilson

Foucault’s theory of state social control contrasts societal responses to leprosy, where deviants are exiled from society but promised freedom from social demands, and the plague, where deviants are controlled and surveyed within society but receive some state assistance in exchange for their cooperation.In this paper, I analyze how low-income fathers in the United States simultaneously experience social control consistent with leprosy and social control consistent with the plague but do not receive the social benefits that Foucault associates with either status.Through interviews with 57 low-income fathers, I investigate the role of state surveillance in their family lives through child support enforcement, the criminal justice system, and child protective services.Because they did not receive any benefits from compliance with this surveillance, they resisted it, primarily by dropping “off the radar.”Men justified their resistance in four ways: they had their own material needs, they did not want the child, they did not want to separate from their child’s mother or compliance was unnecessary.This resistance is consistent with Foucault’s distinction between leprosy and the plague.They believed that they did not receive the social benefits accorded to plague victims, so they attempted to be treated like lepers, excluded from social benefits but with no social demands or surveillance.


2021 ◽  
Vol 1 (12) ◽  
pp. 855-867
Author(s):  
Elika Sifra Lidya ◽  
Mitro Subroto

LAPAS or Correctional Institution under the auspices of the Directorate General of Corrections is the final place of the criminal justice system process that fosters and integrates the social of convicts, so that when returning to society they are able to live a normal life. Elderly (according to Law No. 13 of 1998: Elderly) is a person whose age reaches the age of 60 years and above. In its efforts, Correctional Services interpret this understanding by regulating the rights of inmates contained in Law no. 12 of 1995 article 14 paragraph 1.The increasing age and declining body condition of the elderly inmates need special treatment both in health, treatment, and public services. Elderly inmates as much as possible are treated as people usually are, it's just that the place and application are different. This is for the implementation of part of Human Rights (HAM) as a national instrument. This special handling effort involves other stakeholders be it medical or health workers and the government to support the infrastructure needed. The elderly as one of the vulnerable groups become important objects in terms of how decent handlers are so that they feel cared for in their twilight years. Although until now still in the process and stages of refinement of special handling for them. The fact is still not optimal and this study illustrates how well the effort is.


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