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more information – www.cambridge.org/9781107030749
WHY PRISON?

Prison studies has experienced a period of great creativity in recent years,

and this collection draws together some of the field’s most exciting and
innovative contemporary critical writers in order to engage directly
with one of the most profound questions in penology – why prison? In
addressing this question, the authors connect contemporary penological
thought with an enquiry that has received the attention of some of the
greatest thinkers on punishment in the past. Through critical exploration
of the theories, policies and practices of imprisonment, the authors
analyse why prison persists and why prisoner populations are rapidly
rising in many countries. Collectively, the chapters not only provide a
sophisticated diagnosis and critique of global hyper-incarceration but also
suggest principles and strategies that could be adopted to radically reduce
our reliance upon imprisonment.

DAVID SCOTT is a senior lecturer in criminology at Liverpool John Moores

University.
CAMBRIDGE STUDIES IN LAW AND SOCIETY

Cambridge Studies in Law and Society aims to publish the best scholarly
work on legal discourse and practice in its social and institutional
contexts, combining theoretical insights and empirical research.
The fields that it covers are: studies of law in action; the sociology of
law; the anthropology of law; cultural studies of law, including the role
of legal discourses in social formations; law and economics; law and
politics; and studies of governance. The books consider all forms of
legal discourse across societies, rather than being limited to lawyers’
discourses alone.
The series editors come from a range of disciplines: academic law;
socio-legal studies; sociology; and anthropology. All have been actively
involved in teaching and writing about law in context.

Series editors
Chris Arup
Monash University, Victoria
Martin Chanock
La Trobe University, Melbourne
Sally Engle Merry
New York University
Susan Silbey
Massachusetts Institute of Technology

A list of books in the series can be found at the back of this book.
WHY PRISON?

Edited by

David Scott
University Printing House, Cambridge CB2 8BS, United Kingdom

Published in the United States of America by Cambridge University Press, New York
Cambridge University Press is part of the University of Cambridge.
It furthers the University’s mission by disseminating knowledge in the pursuit of
education, learning, and research at the highest international levels of excellence.

www.cambridge.org
Information on this title: www.cambridge.org/9781107030749
© Cambridge University Press 2013
This publication is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without the written
permission of Cambridge University Press.
First published 2013
Printed in the United Kingdom by Clays, St Ives plc
A catalogue record for this publication is available from the British Library
Library of Congress Cataloguing in Publication data
Why prison? / edited by David Scott.
pages cm. – (Cambridge studies in law and society)
ISBN 978-1-107-03074-9
1. Prisons. 2. Punishment. 3. Crime. 4. Criminal justice, Administration of.
I. Scott, David Gordon, editor of compilation.
HV8665.W43 2013
365–dc23
2013005147
ISBN 978-1-107-03074-9 Hardback
Cambridge University Press has no responsibility for the persistence or accuracy of
URLs for external or third-party internet websites referred to in this publication,
and does not guarantee that any content on such websites is, or will remain,
accurate or appropriate.
CONTENTS

List of figures and tables page vii

List of contributors viii
Table of cases xiii
Foreword: on stemming the tide xv
Thomas Mathiesen

1. Why prison? Posing the question 1

David Scott

part i: penal discipline 23

2. Prisons and social structures in late-capitalist societies 25

Alessandro De Giorgi

3. The prison paradox in neoliberal Britain 44

Emma Bell

4. Crafting the neoliberal state: workfare, prisonfare and

social insecurity 65
Loïc Wacquant

part ii: public participation 87

5. Pleasure, punishment and the professional middle class 89

Magnus Hörnqvist

6. Penal spectatorship and the culture of punishment 108

Michelle Brown

7. Prison and the public sphere: toward a democratic

theory of penal order 125
Vanessa Barker

v
CONTENTS

part iii: state detention 147

8. The iron cage of prison studies 149

Mark Brown

9. The prison and national identity: citizenship, punishment

and the sovereign state 170
Emma Kaufman and Mary Bosworth

10. Punishing the detritus and the damned: penal and

semi-penal institutions in Liverpool and the
North West 189
Vickie Cooper and Joe Sim

part iv: penal reform 211

11. Why prison? Incarceration and the Great Recession 213

Keally McBride

12. The politics of the carceral state: yesterday, today and

tomorrow 233
Marie Gottschalk

part v: abolitionist alternatives 259

13. Schooling the carceral state: challenging the

school-to-prison pipeline 261
Erica Meiners

14. Why no prisons? 278

Julia C. Oparah

15. Unequalled in pain 301

David Scott

Bibliography 325
Index 370

vi
FIGURES AND TABLES

Figure 2.1 State and federal prisoners in the US (1925–2010) page 32

Table 1.1 Selected prisoner rates (per 100,000) in twelve
countries (1970–2010) 3
Table 2.1 Imprisonment rates in selected European countries
and in the USA 36
Table 2.2 Hyper-criminalisation of foreigners in selected
European countries (2010) 37
Table 7.1 Democratic processes by decentralisation and civic
engagement 137
Table 7.2 Democratic process by penal order 137

vii
CONTRIBUTORS

Vanessa Barker is Associate Professor of Sociology at Stockholm

University. She is the author of The Politics of Imprisonment: How
the Democratic Process Shapes the Way America Punishes Offenders
(2009) and is currently working on a comparative analysis of global
mobility and penal order.

Emma Bell is senior lecturer at the University of Savoie in Chambéry,

where she teaches British history and contemporary British politics.
Her research aims to situate British penal policy in its wider social,
political and historical context. She is the author of Criminal Justice
and Neoliberalism (2011), in which she attempts to understand the
so-called ‘punitive turn’ in British criminal justice policy under the
New Labour administration and examine its links to neoliberal
political economy. In September 2012 Emma was elected as the
new coordinator of the European Group for the Study of Deviance
and Social Control.

Mary Bosworth is Reader in Criminology, University of Oxford and,

concurrently, Professor of Criminology, Monash University
Australia. She is co-editor of the journal Theoretical Criminology
and recent book titles include Explaining U.S. Imprisonment
(2010a) and What is Criminology? (2011).

Mark Brown teaches criminology at the University of Melbourne. He has

written on a number of aspects of punishment, penal history and
theory. He is currently engaged in research projects on the process
of desistance from offending, on the modern history of the prison in
Australia and on the jurisprudence of offender risk. He is also
writing a book on penal power and colonial rule in India.

Michelle Brown is Assistant Professor of Sociology and faculty fellow at

the Centre for the Study of Social Justice at the University of

viii
 LIST OF CONTRIBUTORS

Tennessee. She is the author of The Culture of Punishment:

Prison, Society, and Spectacle (2009), co-editor of Media
Representations of September 11 (Chermack et al., 2003) and
co-author of Criminology Goes to the Movies: Crime Theory
and Popular Culture (2011).

Vickie Cooper is a lecturer in criminology at Liverpool John Moores

University. She has published literature on housing and
homelessness and is currently involved in a research project on
homelessness and imprisonment in Liverpool with the Howard
League for Penal Reform.

Alessandro De Giorgi is Associate Professor of Justice Studies at

San José State University, California. He has a PhD in
criminology from Keele University, UK. His research interests
include theories of punishment and social control, global
migrations, political economy and urban ethnography. Currently,
he is conducting an ethnographic research on ex-prisoners
released into a poor and segregated neighbourhood of Oakland,
California. He is the author of Re-Thinking the Political
Economy of Punishment: Perspectives on Post-Fordism and Penal
Politics (2006).

Marie Gottschalk is Professor of Political Science at the

University of Pennsylvania. She is the author of, among
other works, The Shadow Welfare State: Labor, Business, and the
Politics of Health Care in the United States (2000) and The Prison and
the Gallows: The Politics of Mass Incarceration in America (2006).
She is completing a new book, Caught: The Future of the Carceral
State and American Politics.

Magnus Hörnqvist is an associate professor at the Department of

Criminology, Stockholm University. He works in a tradition from
Foucault and Marx, critically analysing power in prisons, the labour
market and other social settings. His publications include Risk,
Power and the State: After Foucault (2010).

Emma Kaufman received her BA from Columbia and her MPhil and
DPhil from Oxford, where she was a Marshall and Clarendon
Scholar. She was a guest scholar at the University of California,

ix
LIST OF CONTRIBUTORS

San Diego’s Centre for Comparative Immigration Studies from

2011 to 2012 and now attends Yale Law School. Emma’s doctoral
research examined the treatment of foreign national prisoners in
the British penal estate. She has published on American
immigration imprisonment, gender and punishment and British
prison policy.

Thomas Mathiesen is a professor of sociology of law at the University

of Oslo. He co-founded the Norwegian prisoners’ association
KROM in 1968 and is the author of a number of highly
influential books, book chapters and journal articles, including The
Politics of Abolition (1974), Prison on Trial (1990, 3rd edn 2006)
and Silently Silenced: Essays on the Creation of Acquiescence in
Modern Society (2004). His most recent book is entitled Towards
a Surveillant State: The Rise of Surveillance Systems in Europe
(in press).

Keally McBride is Associate Professor of Politics and International

Studies at the University of San Francisco. She has published
on a variety of themes in contemporary life and power,
including Collective Dreams: Political Imagination and Community
(2005), Punishment and Political Order (2007) and most recently
with Margaret Kohn, Political Theories of Decolonization:
Postcolonialism and the Problem of Foundations (Kohn and McBride,
2011). She is currently researching criminal law and the legacy of
colonialism.

Erica Meiners teaches, writes and organises in Chicago. She has

written about her ongoing labour and learning in anti-
militarisation campaigns, educational justice struggles, prison
abolition and reform movements and queer- and immigrant-rights
organising in Flaunt It! Queers Organizing for Public Education and
Justice (Quinn and Meiners, 2009), Right to be Hostile: Schools,
Prisons and the Making of Public Enemies (2007) and articles in
Radical Teacher, Meridians, AREA Chicago and Social Justice. She is a
professor of education and gender and women’s studies at
Northeastern Illinois University, where she is a member of UPI/
Local 4100, and she also teaches at other free and community-
based popular education sites in Chicago.

x
 LIST OF CONTRIBUTORS

Julia C. Oparah (formerly Sudbury) is an educator, writer and activist

scholar with roots in Nigeria and the UK, who lives in Oakland,
California. She is Professor and Chair of Ethnic Studies at Mills
College, where she teaches classes on the African diaspora, ‘women
of color’ organising and the criminal justice system. Julia is author
of Other Kinds of Dreams: Black Women’s Organisations and the
Politics of Transformation (1998), editor of Global Lockdown: Race,
Gender and the Prison-Industrial Complex (Sudbury, 2005c) and
co-editor of Activist Scholarship: Antiracism, Feminism and Social
Change (2009), Outsiders Within: Writing on Transracial Adoption
(2006) and Colour of Violence: The Incite! Anthology (2006). Julia is
co-founder of Critical Resistance, a national anti-prison
organisation, and has worked with Arizona Prison Moratorium
Coalition, Prison Activist Resource Centre, Justice Now!, Toronto
Prisoner Justice Action Committee and INCITE! Women of
Color Against Violence.

David Scott is a senior lecturer in criminology at Liverpool John

Moores University and, until recently, coordinator of the European
Group for the Study of Deviance and Social Control. He is an
associate editor of the Howard Journal of Criminal Justice and a
member of the steering group of the Reclaim Justice Network.
Recent book titles include Controversial Issues in Prisons (2010),
Critique and Dissent (Gilmore et al., 2013) and The Caretakers of
Punishment (in press (a)).

Joe Sim is Professor of Criminology at Liverpool John Moores University.

He is the author and co-author of a number of texts on prisons,
including British Prisons (Fitzgerald and Sim, 1982), Medical Power
in Prison (1990) and Prisons under Protest (Scraton et al., 1991). His
latest book is Punishment and Prisons: Power and the Carceral State
(2009).

Loïc Wacquant is Professor of Sociology at the University of California,

Berkeley, and researcher at the Centre européen de sociologie et de
science politique, Paris. A MacArthur Foundation Fellow and
recipient of the Lewis Coser Award of the American Sociological
Association, his research spans urban relegation, ethnoracial
domination, the penal state, incarnation, and social theory and the

xi
LIST OF CONTRIBUTORS

politics of reason. His books have been translated in some twenty

languages and include the trilogy Urban Outcasts: A Comparative
Sociology of Advanced Marginality (2008a), Punishing the Poor: The
Neoliberal Government of Social Insecurity (2009a) and Deadly
Symbiosis: Race and the Rise of the Penal State (2013), as well as The
Two Faces of the Ghetto (2013).

xii
TABLE OF CASES

A and Ors v. United Kingdom [2009] ECtHR Application No. 3455/05,

Judgment of 19 January 2009 p 160
Aikens v. California, 406 U.S. 813 (1972) p 249
Al-Kateb v. Godwin [2004] HCA 37 p 157
Amuur v. France [1996] ECtHR Application No. 19776/92, Judgment of
25 June 1996 pp 153, 162
Booth v. Maryland, 482 U.S. 496 (1987) p 252
Chu Kheng Lim v. Minister for Immigration Local Government and Ethnic
Affairs [1992] HCA 64 p 157
Coleman v. Brown [1990] PC-CA-0002 p 226
Furman v. Georgia, 408 U.S. 238 (1972) p 249
G v. Germany [2012] ECtHR Application No. 65210/09, Judgment of
7 June 2012 p 158
Gregg v. Georgia, 428 U.S. 153 (1976) pp 251, 252
Haidn v. Germany [2011] ECtHR Application No. 6587/04, Judgment of
12 January 2011 pp 158, 352
K v. Germany [2012] ECtHR Application No. 61827/09, Judgment of
7 June 2012 p 158
Lockett v. Ohio, 438 U.S. 586 (1978) p 252
M47 v. Director General of Security and Ors [2012] HCA 46 p 160
M v. Germany [2009] ECtHR Application No. 19359/04, Judgment of
17 December 2009 p 158
M.S. v. Belgium [2012] ECtHR Application No. 50012/08, Judgment of
31 January 2012 p 160
McCleskey v. Kemp, 481 U.S. 279 (1987) p 253
New Jersey v. T.L.O. [1985] Certiorari to the Supreme Court of New
Jersey No. 83–712, Judgment of 15 January 1985 p 270
Payne v. Tennessee, 501 U.S. 808 (1991) p 252
Plata v. Brown, 131 S. Ct. 1910 (2011) pp 225, 226
Popov v. France [2012] ECtHR Application Nos. 39472/07 and 39474/
07, Judgment of 19 January 2012 p 153
Re Woolley [2004] 225 CLR 1 p 157

xiii
TABLE OF CASES

Somerset v. Stewart [1772] Lofft 1; [1772] 20 St. Trials 1 p 167

South Carolina v. Gathers, 490 U.S. 805 (1989) p 252
Van Droogenbroeck v. Belgium [1982] ECtHR Application No. 7906/77,
Judgment of 24 June 1982 p 156
Woodson v. North Carolina, 428 U.S. 280 (1976) p 252

xiv
FOREWORD
On stemming the tide

Thomas Mathiesen

This is an important book.

Why prison? At the outset it seems obvious. We have prisons because
we have crime. We have prisons also because we want to stop or at least
reduce crime. But as David Scott shows in the opening chapter of this
book, it is not so simple. There is an unclear relationship between prison
and crime. Prisons have something to do with crime, but it is not clear
how the two interact.
The question of ‘why prison?’ becomes all the more thorny when we
go into detail. From a large number of empirical studies, we know that
recidivism from standard prisons (and most prisons are ‘standard’ or less)
is very great, despite attempts at rehabilitation. This holds for old as
well as new attempts – from the ‘Nothing works’ period of the 1970s to
the ‘What works?’ period of our own time (Mathiesen, 2011). Prisons are
generally a fiasco. Why, then, do we keep on? Why prison?

FUNCTIONS OF PRISONS
Of course, prisons may have a variety of other presumed official func-
tions. If they generally do not rehabilitate, prisons may, presumably at
least, incapacitate the offender, through collective or individual inca-
pacitation. Prisons may also deter others from committing crime. And
prisons may provide retributive justice. But in terms of these official
functions, prisons are also fiascos. When you look at it more closely
(which I have spent large parts of my life doing), prisons in fact largely
do not incapacitate and in very many cases do not deter others. In terms
of retributive justice, there are far too many differences between indi-
viduals, groups, cultures and nations to make the construction of a
common ‘system of justice’ possible (Mathiesen, 1990/2006). Why,
then, do we continue this? Why prison?

xv
FOREWORD: ON STEMMING THE TIDE

We have to differentiate between the causes why prisons came to be

and the causes why prisons persist today, despite their fiasco. The causes
why prisons came to be, why they were ‘invented’, are historical and are to
do with deep-seated changes in social structure in the 1600s and specif-
ically in the 1800s. But from sociology, and perhaps particularly from Max
Weber in his famous essay The Protestant Ethic and the Spirit of Capitalism
(Weber 1930, original German edition 1904–5), we have learned that
why something persists today may differ from why it came to be. Weber
argued that the protestant ethic in its Calvinist variety was a necessary
(though hardly a sufficient) condition for the rise of capitalism. Few would
argue that the same conditions, and especially the Calvinist ethic, not
only allow capitalism to exist but also allow it to thrive as a major
economic system across the world today. So with prisons. The various
historical conditions for their ‘invention’ are at least partly different from
their stubborn persistence and, indeed, grave expansion in our own time.
Below I concentrate on the latter question. Through the years, I have
ventured several attempts at explaining ‘why prisons?’ in this sense. One
attempt came in my Prison on Trial (Mathiesen, 1990/2006). There I said
that ‘we have prisons despite their fiasco because there exists a pervasive
and persistent ideology of prison in our society. . . An ideology of prison. . .
renders the prison as an institution and a sanction meaningful and
legitimate’ (ibid.: 141–5, emphasis in original). The ideology has a
supportive and a negating component.
Very briefly: assuming an advanced capitalist society, prisons serve,
I said, four or five important ideological functions: (i) an expurgatory
function (getting rid of a sizeable – and, I might have added, an increas-
ing – proportion of the unproductive population); (ii) a power-draining
function (getting rid of them in a controlled way, draining off whatever
power they used to have); (iii) a diverting function (diverting our attention
away from the deviance of those who have power in our class society);
and (iv) a symbolic function (closely related to the diverting function).
Because prisons are the most observable of all sanctions, I added a fifth
function which I called an overt action function, important to those who
administrate the sanctioning system and want to show that they do
something about crime. I add here that the five functions are probably
largely intended but considered as more or less illegitimate or as asides
from the official functions by high-ranking decision-making personnel or
politicians.
These five functions, I said, imbue prisons with something ‘posi-
tive’; the prison performs something. Some of them are also visible.

xvi
 FOREWORD: ON STEMMING THE TIDE

That certainly goes for the first of the five – the expurgatory function
of getting rid of a sizeable part of the unproductive population. Prisons
in the Western world are filled with sick, vagrant, unemployed
people.
But the ideology of prison also contains a negating function – that is,
the fiasco of the prison is negated throughout the various public spheres
of society.
Functions such as these are in my mind important. They may also
contribute to an explanation of variations in the use of prisons. A state
with a low unemployment rate, a high standard of living and a low
degree of class division may be expected to have relatively few prisoners
per capita, whereas the opposite situation may be expected to provide
many prisoners. There are indeed such variations in the Western world.

AN ALTERNATIVE HYPOTHESIS: CONFIDENCE

However, though coming from a society which at present has the former
features, and a low number of prisoners per capita, I venture an alter-
native hypothesis. The great differences in terms of prisoners per capita
between various states in the Western world may partly be explained by
differences in confidence in our various societies.
‘Confidence’ is a wide term, subject to interpretation. It may be seen
as a synonym to ‘trust’. I have confidence, or trust, in a person selling me
groceries in a normal grocery store. I trust that the woman behind the
counter will give me the correct change back. I have less confidence in a
vagrant who wants to sell me a cell phone at a street corner. Roughly,
confidence or trust may be seen in terms of two aspects: (i) abstract or
general confidence; and (ii) concrete confidence in institutions, politi-
cians or individuals. Law is presumably a system of confidence across
time and space, though we may have our doubts. Much more could be
said about confidence, but this is enough for the purposes here. Let us
then explore this concept.

A study of confidence
On 22 July 2011, a bomb went off at the main government building in
Oslo, causing serious destruction to the building and killing seven people.
A little later on the same evening, sixty-nine young people were shot to
death in a political summer camp on an island near Oslo. The blast and
the later killings were committed by the same ultra-radical white extrem-
ist man.

xvii
FOREWORD: ON STEMMING THE TIDE

A study of the confidence that people have in central social institutions

and in foreigners was conducted (Wollebæk et al., 2011). Two repre-
sentative population samples (1,000 people, internet users aged 16–79)
were compared, one sample from a little before the terrorist attack in
Oslo, in March/April 2011, and the other a short time after the terrorist
attack, in August 2011. In addition, a panel study was carried out on
persons who used so-called social media twice a week or more (a sample
of people were asked questions in March/April, and again in August
2011).
In their study comparing the degree of confidence in Norway before
and after 22 July 2011, Wollebæk et al. (2012:11) found a much higher
degree of ‘generalised confidence’ (‘most people are to be trusted’) after
the terrorist event than before. The increase had been clearest among
grown-ups and middle-aged people, weaker among the oldest (ibid.: 12).
The researchers found the greatest confidence in people close to those
who were asked – family and so on (not an unexpected finding); the
more abstract forms of confidence, where the respondents knew a lower
proportion of the people in question, were somewhat weaker (ibid.: 13).
But Wollebæk et al. (2012) summarise as follows:
[T]here is a clear increase in confidence in groups where you most of the
time do not know everyone personally. People convey increased con-
fidence in people who live in the same community. Aside from increased
confidence in other Norwegians, we find the strongest increase in the
most demanding types of confidence, that is, confidence in people who
are unlike ourselves even as far as central criteria goes, meaning nation-
ality and religion. . . In Norway, confidence in other people is closely
related to confidence in institutions.
(Wollebæk et al., 2012: 15–16, my translation)

This was a time when criticism and antagonisms began to surface in

Norway. So far, however, ‘the findings unambiguously indicate increas-
ing trust’ (ibid.: 16). This is clearest regarding parliament and the
government, but also regarding the courts, municipal authorities and
the administration (ibid.), while the change was more moderate for the
police, which, together with the government, was severely criticised
during the months to come.

Oslo and Oklahoma

It may be instructive briefly to compare the Oslo case of 2011 with the
Oklahoma case of 1995, where there are comparable data. The

xviii
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