WHY THE VICTIM’S POINT OF VIEW? AUTONOMY AGAINST INTIMACY IN CRIME AND ADDICTION CONTROL
Pekka SulkunenProfessor of Sociology
University of Helsinki Collegium of Advanced Studies
ASA 2011, Session 556 Crime Law and Deviance Tuesday 22 Aug 2.30 pm
Welfare and Control Theories of Deviance
Penal welfarism• Causes of deviance: need,
injustice, deprivation• Functions of punishment:– Perfectibility of man– Prevention of recidivism– Deterrence
Control Theory• Functions of punishment– Compassion to victims– Deterrence
• Causes of deviance:– inadequate control– Irresponsibility of
offenders
Garland, David (2001) The Culture of Control: Crime and Social Order in Contemporary Society. Chicago: Univ. of Chicago Press.
Victim’s point of view: consequences
• Lower thresholds• Longer sentences• Punitive control techniques• Growing prison populations• Mandatory mediation procedures
Explaining the VPW
• Garland: – Neoliberalism– Conservatism
• This paper:– Consequence of saturated modernity– Derives from the Theory of Moral Sentiments by
Adam Smith, and from the general theory of justification
Therapeutic functions of custody?
• Finland 1964:• - 35 590 involuntary admissions to asylums
occurred during …• - 20 830 in custody at the end of the year• Many incarcerations were short, especially so
when the reason was a crime (minor offences) • Control system harsh and selective against
”vulnerable populations”
(Neo)-classical theory of punishment
• Edward Westermarck (1906): ). The Origin and Development of Moral Ideas. London: Macmillan.
• Nils Christie (1981): Limits to Pain. Oslo University Press, Oslo
penalties are based on resentment, not their functions should be proportional to the degree of responsibility
of the offender and the gravity of the offence, and no other considerations should be applied.
A. Smith: Theory of Moral Sentiments (1790)
Moral sentiments based on natural “passions” • Selfish (self-love, self-interest) prudence
• Social (love, friendship, affection) kindness, generosity
• Unsocial (hatred and anger) justice
A. Smith & media theory:
• As crime becomes increasingly mediatised, appeal to primary moral sentiments takes precedence over moral sentiments that are mere “embellishments” of social life. Anger and hatred towards perpetrators, combined with compassion towards innocent victims, are strong emotions compared with more reason-based reflections on rational crime prevention.
Boltanski & Thévenot (2006): Theory of Justification
• Principles of belonging and difference: citizenship and class
• Principles of dignity and worth: individual freedom and welfare
• Principle of the Common Good: Progress
From Pastoral to Epistolary Power
Pastoral• Normative• Uniform• Authoritarian• Discriminating• Inclusive
Epistolary (apostolic)• Abstract goals: welfare,
health security• Individual differences• Anti-authoritarian• Tolerant• Exclusive
Autonomy and intimacy
• Difference may reduce the autonomy of others:– Cost– Thirc party victimisation– Identity
• Need to regulate: Juridification of the state• Emphasis on justice
CONCLUSION
• The Culture of Control follows from the maturation of modern ideals of dignity and worth
• Conflicts between autonomy and intimacy (difference) cause the need to regulate
• Emphasis on justice (the non-social passions), not uniformity
Victim’s point of view!
