The myth of punitiveness

Abstract

There is a widespread claim in the criminological literature that the current period is characterized by a surge in punitiveness and that this ‘punitive turn’ is fuelled by a new populism. However, the key notions of ‘punitiveness’ and ‘populism’ remain largely undefined, with the result that much of the associated analysis is vague, while developments are often asserted rather than explained. Consequently, there is a tendency towards empiricism, on the one hand, and speculative idealism, on the other. It is not that one cannot find examples of punitiveness but since the deployment of punitive sanctions has historically been an endemic feature of the criminal justice system we are faced with question of ‘what is new?’ In this article it is argued that there has been a one-sided, exaggerated focus on punitiveness in recent times, which has detracted from the development of a progressive realist account of contemporary crime control.

Tax penalties in SME tax compliance

“…They may be powerful in influencing taxpayer behavior but never should they be seen as a primary or a stand-alone tool (Tyler, 2006;OECD, 2010). As noted by Matthews (2005) the myth of punitiveness has long been shattered. Tax penalties have the potential to work better if used as an auxiliary means of delivering and implementing a sound compliance strategy.…”

The Politics of Anti-Social Behaviour

“…People, he argued, are no longer interested in 'understanding the social causes of criminalityy people have had enough of this part of the 1960s consensus' (Blair, 2004). The shift in focus is also marked by a much greater preoccupation with individual offender cognition and motivation, and a more traditional and 'neo-classical' conception of criminality (including challengeable assumptions about the supposedly rational core to a great deal of offending, perceptions about the existence of 'committed evil' among us, and regarding the existence of an anti-social sub-class at the base of society) which, taken together with the policies to address these putative problems, have led some commentators to debate the notion that we may have entered a new culture of punitiveness (Matthews, 2005;Pratt et al, 2005).…”

Penal Populism and the Problem of Mass Incarceration:

“…Others contend, however, that the assumption of an automatic punitiveness amongst the general public is overstated (see Matthews, 2005). Rather than indicating 'too much democracy', they claim there is a crisis of civic engagement in contemporary society and, instead, a sense of 'too little democracy' (Dzur, 2012a: 32-36).…”