Sociology of punishment

The sociology of punishment seeks to understand why and how we punish; the general justifying aim of punishment and the principle of distribution. Punishment involves the intentional infliction of pain and/or the deprivation of rights and liberties. Sociologists of punishment usually examine state-sanctioned acts in relation to law-breaking; why, for instance, citizens give consent to the legitimation of acts of violence.

Two of the most common political and ethical motivations for formal punishment are utilitarianism and retributivism. Both these concepts have been articulated by law-makers and law-enforcers, but may be seen as descriptive rather than explanative. Sociologists note that although attempts of justification are made in terms of these principles, this does not fully explain why violent punitive acts occur. Social psychology and symbolic interactionism often inform theory and method in this area.

Retributivism covers all theories that justify punishment because the offender deserves it. This is interpreted in two ways, either:

Retributive theories usually put forward that deserving is a ≤sufficient≥ reason for punishment.

The main strands of retributivism are:

The nature of desert means that the offender must be blameworthy and that an offender deserves punishment simply because he has offended, and so his punishment must relate to his wrongdoing. It can therefore be said to be backward-looking.

The theory of retributivism does propose a number of purposes of punishment: to restore the balance (whether according to Lex Talionis or the Unfair Advantage Principle), to openly and emphatically denounce crime, or to provide satisfaction. The principles of distribution can be derived from these purposes.

There are 3 main methods for deciding on punishment.

The above expalanations for deciding on punishment raise a few issues:

Therefore it can be seen that retributivist theories are not adequate to explain why and how we punish.

Retributivism as a justification for punishment can be seen to fall under the category of a Theory of the Right rather than a Theory of the Good.

Utilitarianism, as the name suggests and tells, covers all theories that justify the evil of punishment only when that punishment has some utility. It is therefore forward looking, and consequentialist in nature [Baker, 1971:69], as it holds the belief that, ultimately, the only morally significant features of an act are the good and bad consequences produced by it.

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