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WHY THE VICTIM’S POINT OF VIEW? AUTONOMY AGAINST INTIMACY IN CRIME AND ADDICTION CONTROL. Pekka Sulkunen Professor of Sociology University of Helsinki Collegium of Advanced Studies ASA 2011, Session 556 Crime Law and Deviance Tuesday 22 Aug 2.30 pm .
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WHY THE VICTIM’S POINT OF VIEW? AUTONOMY AGAINST INTIMACY IN CRIME AND ADDICTION CONTROL Pekka Sulkunen Professor of Sociology University of Helsinki Collegium of AdvancedStudies ASA 2011, Session 556 CrimeLaw and Deviance Tuesday 22 Aug 2.30 pm
Welfare and ControlTheories of Deviance Penalwelfarism ControlTheory Functions of punishment Compassion to victims Deterrence Causes of deviance: inadequatecontrol Irresponsibility of offenders • Causes of deviance: need, injustice, deprivation • Functions of punishment: • Perfectibility of man • Prevention of recidivism • Deterrence Garland, David (2001) The Culture of Control: Crime and Social Order in Contemporary Society. Chicago: Univ. of Chicago Press.
Victim’spoint of view: consequences • Lowerthresholds • Longersentences • Punitivecontroltechniques • Growingprisonpopulations • Mandatorymediationprocedures
Explaining the VPW • Garland: • Neoliberalism • Conservatism • Thispaper: • Consequence of saturatedmodernity • Derivesfrom the Theory of MoralSentimentsby Adam Smith, and from the general theory of justification
Therapeuticfunctions 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) • Controlsystemharsh and selectiveagainst ”vulnerablepopulations”
(Neo)-classicaltheory 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 MoralSentiments (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: individualfreedom and welfare • Principle of the Common Good: Progress
FromPastoral to Epistolary Power Pastoral Epistolary (apostolic) Abstractgoals: welfare, healthsecurity Individualdifferences Anti-authoritarian Tolerant Exclusive • Normative • Uniform • Authoritarian • Discriminating • Inclusive
Autonomy and intimacy • Differencemayreduce the autonomy of others: • Cost • Thircpartyvictimisation • Identity • Need to regulate: Juridification of the state • Emphasis on justice
CONCLUSION • The Culture of Controlfollowsfrom the maturation of modernideals of dignity and worth • Conflictsbetweenautonomy and intimacy (difference) cause the need to regulate • Emphasis on justice (the non-socialpassions), notuniformity Victim’spoint of view!
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