Marixm and Punishment Flashcards
(17 cards)
What did Rusche & Kirchheimer argue about punishment?
It’s not a reaction to crime but a tool for labour control and class dominance.
What is the ‘base-superstructure’ model?
Society’s institutions (law, politics, etc.) are shaped by its economic base
What is ‘surplus value’ in Marxism?
Profit from exploiting workers – paying them less than the value of what they produce.
How do social institutions maintain ruling class dominance?
Through:
1. Regulation: Law appears neutral
2. Repression: Law used against threats
3. Ideology: Promotes belief that law is fair (false consciousness)
How does labour market shape punishment?
Scarcity = leniency & discipline
Surplus = harsh punishment
What is the relationship between penal harshness and value of labour?
Inverse – lower labour value = harsher punishment
Inversely related e.g.
low labour value= harsher punishments
What 3 periods reflect Ruche and Kirchheimer’s ideas?
Medieval period -Labour was scarce → fines, penance (economic penalties)
-Middle Ages -Labour surplus → bloody code, executions, mutilations
Early Modern era- Need for disciplined labour → prisons, hard labour, transportation
What was Pashukanis’ view on legal culture?
The Law reflects capitalist ideas
- individualism and private interests
- debt-payment, exchange logic =paying your debt to society when receiving punishment
What did Hay say about criminal law?
The rituals of the law (e.g. symbolism) promotes the illusions of justice and equality. In reality it maintains ruling class hegemony
What is the ‘law and order society’ (Hall et al.)?
Blaming ‘folk devils’ (e.g. black youth) for being dangerous to society to distract from systemic issues.
e.g. mugging = scapegoating to take attention away from broader issues.
What are two modern day examples that Marxist ideas help explain
Governing through crime and the privatisation of prisons/ CJS
What is the ‘punitive turn’?
Move away from rehabilitation to harsh punishment under neoliberalism
What does neoliberalism promote?
cutting welfare, reducing state support, expanded police/prison powers
How does neoliberalism emphasise ‘punishing the poor’
punishment became a form of social control, affecting and governing poorer/marginalised populations
What is the penal-industrial complex?
Christie :
Alliance between business, government & prisons pushing for profit (e.g. more prisoners, more profit)
Benefits of prison privatisation?
Efficiency, prisoners develop skills (useful when reintegrating into society), improved service
Risks of profit-driven punishment?
Moral concerns, expansion for profit, poor conditions, prison labour exploitation
