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Alternatives to Punishment — The Abolitionist Case

  • Steinert, Hulsman and Stanley Cohen
Extract

Heinz Steinert and Louk Hulsman represent “abolitionism” — a stream of critical thinking about criminology, crime, criminal law and punishment that has been developing in Western Europe (mainly Holland, Germany, Austria and Norway) over the past two decades. Given that the participants to this Conference are mainly Anglo-American and Israeli academics or lawyers who have been quite insulated from this intellectual movement, it seemed to me that my most useful task as commentator would be to place these ideas in their wider intellectual context. After this, I will select a few general themes from these papers and compare them to the papers by Abel and Galanter in the related session on “Alternatives to Punishment”.

My own position towards abolitionism is that of a sympathetic, but critical fellow traveller: I agree with much, want to believe more but am skeptical about some.

Copyright
COPYRIGHT: © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1991
References
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1 Steinert, Heinz, “Is There Justice? No — Just Us”, in this issue, at p. 710.

2 Hulsman, Louk, “The Abolitionist Case: Alternative Crime Policies”, in this issue, at p. 681.

3 Abel, Richard, “The Failure of Punishment as Social Control”, in this issue, at p. 740.

4 Galanter, Marc, “Punishment: Civil Style”, in this issue, at p. 759.

5 I provide this in Visions of Social Control (Cambridge, Polity Press, 1985) and Against Criminology (New Jersey, Transaction, 1988).

6 In addition to Hulsman's and Steinert's papers at this Conference, I draw here on other writings by them and other European abolitionists (Christie, Bianchi, Mathieseh, Scheerer et al). For an introduction to this literature, see the Special Issue (1986) 10 Contemporary Crises: Law, Crime and Social Policy.

7 See Shearing, C. D. and Stenning, P. L., eds., Private Policing (Beverly Hills, Sage, 1987).

8 Christie, N., Limits to Pain (Oxford, Martin Robertson, 1982).

9 de Haan, W., The Politics of Redress: Crime, Punishment and Penal Abolition (London, Unwin Hyman, 1990).

* Professor, Institute of Criminology, Faculty of Law, The Hebrew University of Jerusalem.

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Israel Law Review
  • ISSN: 0021-2237
  • EISSN: 2047-9336
  • URL: /core/journals/israel-law-review
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