Punishment occupies a central place in our lives and attitudes.
We suffer a profound ambivalence about its moral consequences.
Persons who have been punished or are liable to be punished have
long objected to the legitimacy of punishment. We are all objects
of punishment, yet we are also its users. Our ambivalence is so
profound that not only do we punish others, but we punish ourselves
as well. We view those who submit too willingly to punishment as
"obedient" verging on the groveling coward, and we view those who
resist punishment as "disobedient," rebels. In "The Punishment
Response" Graeme Newman describes the uses of punishment and how
these uses change over time.
Some argue that punishment promotes discrimination and
divisiveness in society. Others claim that it is through punishment
that order and legitimacy are upheld. It is important that
punishment is understood as neither one nor the other; it is both.
This point, simple though it seems, has never really been
addressed. This is why Newman claims we wax and wane in our uses of
punishment; why punishing institutions are clogged by bureaucracy;
why the death penalty comes and goes like the tide.
Graeme Newman emphasizes that punishment is a cultural process
and also a mechanism of particular institutions, of which criminal
law is but one. Because academic discussions of punishment have
been confined to legalistic preoccupations, much of the policy and
justification of punishment have been based on discussions of
extreme cases. The use of punishment in the sphere of crime is an
extreme unto itself, since crime is a minor aspect of daily life.
The uses of punishment, and the moral justifications for punishment
within the family and school have rarely been considered, certainly
not to the exhaustive extent that criminal law has been in this
outstanding work.
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