Why punish? is an attempt to show the value of combining the insights of social sciences with those of philosophy in trying to understand punishment. Subtitled An Introduction to the Philosophy of Punishment, the book takes no particular philosophical position but is guided by a definition from the Harvard philosopher, Michael Sandel:
‘Philosophy is reflecting critically on the way things are. That includes reflecting critically on social and political and economic arrangements. It always intimates the possibility that things could be other than they are. And better.’
This article is written by Rob Canton.
The book begins by distinguishing three ways of approaching the question ‘why punish?’. The first of these enquires into the reasons why responding to wrongdoing so often involves ‘hard treatment’ – repaying the wrong with some sort of pain or hardship to the wrongdoer. This retributive response is recognised always and everywhere, but why is it that people do this? Perhaps we punish in order to defend and uphold the social order. By denouncing the crime, we affirm the values that bind people into a community. Or does punishment expose some of our psychological needs and insecurities? An early chapter discusses this and tries to understand what punishment means to us, how we learn about it and how ideas of fitting retribution are expressed and reproduced in religion and in stories.
The second way of approaching the question is referred to as a political inquiry. It asks about the purposes that people set for punishment (remembering that different people may have different purposes in mind). These stated objectives may not be the same as the true reasons: for example, many politicians and scholars use the instrumental language of reason and effectiveness, but the inquiry into the origins and meanings of punishment suggests that punitive reactions are as often emotional and expressive. David Garland refers to the tragedy of punishment, tragic because it is politically inescapable, but can achieve almost none of the purposes set for it.
The third inquiry is an ethical one. What is the moral justification of punishment? Most attempts at justification amount to one or other of these arguments:
But the book goes on to challenge all these accounts. The mechanisms that are supposed to control crime, deterrence, rehabilitation and incapacitation, do not make nearly as strong a contribution to crime reduction as is commonly assumed and indeed some kinds of punishment (prison especially) may well lead to more offending rather than less. A chapter on restorative justice explores the question whether punishment is the best way to honour the experience of victims.
Another chapter considers the limitations and dangers of punishment. Punishment often makes things worse and a reliance on the apparatus of criminal justice and enforcement often fails to reduce the incidence of what Nils Christie called ‘deplorable acts’. Crime has complex social origins and it is unreasonable to think that criminalisation, arrest and punishment can resolve them. The belief that it can has been the origin of a great deal of flawed policy leading to disappointment, anger, and frustration. Criminal justice is constantly at risk of undermining other mechanisms, notably trust, a sense of moral responsibility, mutual respect, dignity and social justice, that have a sounder ethical foundation and do much more than the institutions and practices of punishment to reduce crime and bad behaviour. It is argued here that it is social justice, not criminal justice, that is the answer to crime problems.
The concluding chapter proposes that if we are to use philosophy to make things better (as Sandel proposes), we must first decide what ‘better’ would be like, what would be improvement. Some recommendations for policy makers, for sentencers and for practitioners are set out. The focus here is both on ethical enhancement and on effectiveness, although it is the ethical questions that are in the foreground of the discussion. The need to improve the ways in which punishment is administered is more pressing than the usual search for ‘the justification of punishment’. Secondly, we must inquire into the political feasibility of trying to bring about these changes, a formidable challenge, given the emotions associated with punishment and its place in many cultures.
Many books in the philosophy of punishment are remote and abstract. This book attempts to ground discussion in some real world dilemmas of policy and of sentencing practice. Case studies, many taken from the author’s own experiences when working as a probation officer many years ago, are used to try to draw out some of the practical implications of the theoretical positions elaborated in the book.
The complex answers to the enduring questions about punishment vary across time and place, and are directly linked to people’s personal, cultural, social, religious and ethical commitments and even to their sense of identity. Why Punish? challenges criminology and criminal justice students as well as policy makers, judges, magistrates and criminal justice practitioners to think more critically about the role of punishment and the moral principles that underpin it. Bridging abstract theory with the realities of practice, the book asks what better punishment would look like and how it can be achieved.
Please click on the link, if you are interested in purchasing Why Punish? An introduction to the philosophy of punishment.
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David Jackson and Jed Stone focus on the use of AI in probation and advocate for investigations to understand the opportunity, address issues and innovate for the good of all.
In March 2024, we paid attention to the study of Steve Pitts and Leo Tigges about Building Probation Capacity . The executive summary of their publication is now available in French and German, including the infographic on capacity building in both languages. Later this year, translations in Italian and Spanish will also be released!
Is the day of a probation officer in Germany similar to the one of someone working in Romania? In the series ‘A day in the life of a probation officer’, we publish articles written by probation officers from different countries in Europe to see if their days look a like or are very different from each other.
‘Providing Mental Health Support to Probation – A European Perspective’ by Charlie Brooker is now available. This book offers an evidence-based exploration of mental health in probation, drawing on research across 27 European countries to provide valuable insights on support mechanisms for individuals on probation.
The publication of EuroVista journals stopped in 2016. On this page you can find the online journals volume 1.1 – 4.2. If you would like to have your research published on the CEP website, please send an email to communication@cep-probation.org.
EuroVista was published up to three times a year by CEP, the Confederation of European Probation. The journal is dedicated to linking research with policy and practice in probation and community justice throughout Europe. EuroVista seeks to share experience of good practice and responses to challenges that may have relevance to many countries across the continent.
EuroVista aims to publish articles that are relevant and accessible to practitioners, managers and policy makers in a wide range of criminal and community justice agencies, especially probation. It is also read by students, researchers, scholars of criminal justice and others who are interested in the subject matter. Whole issues or individual contributions can be downloaded without charge.
Journal on monitoring technology and its use in enhancing public safety. More information on the website of the Civic Research Institute.
Most of the Ukrainian victims of war who take refuge in EU countries are women and children. And these children go to school in their host community, with it becoming one of the first points of contact between the local population and the refugees.
The book ‘The Girl Who Kept Her Eyes Open’ aims to raise awareness among children (7-10 years old) and adults (parents and teachers) of the problems suffered by people fleeing war and their rights.
Through the story of a Ukrainian refugee child meeting a particularly observant little girl in her new school, it shows the importance of paying attention to others in order to recognize the victims of crime – in this case, the victims of war-related crimes – and offer them support.
The Irish Probation Journal aims to provide a forum for sharing theory and practice, increasing co-operation and learning and developing debate about work with offenders. The journal is supported by the Probation Board for Northern Ireland (PBNI) and the Irish Probation Service.
JUSTICE TRENDS is a premium printed and online magazine that features exclusive content such as interviews with Ministers of Justice, Directors General of prison and probation administrations, as well as articles on pressing current criminal justice topics globally.
“I, who had it figured out!” is a memoir by Patrick O’Dea, a social worker who has worked in the Probation Service for twenty years, followed by 17 years in the Social Work School of Trinity College Dublin. Now, he works part-time at University College Dublin. The book reflects on O’Dea’s 40-year journey in social work, including his time as a teacher at Trinity College, Dublin. It explores his experiences in 1970s Ireland, his commitment to the ideals of social work, and the impact of his profession on real lives. The memoir has received endorsements for its wisdom and insight from notable figures in the field of social work.
