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What were the most important changes the notion of punishment in the 18th century?

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The aim of punishment was to create a concoction of fear, terror and shame towards the wrongdoers as an act of deterrence to prevent them from re-offending and future acts of criminality. The range of punishments available at the time were imprisonment and corporal punishment to the judges and magistrates for minor offences, such as theft and vagrancy to the most severe offences against another human being such as murder and rape which was sentenced by the Old Bailey (Emsley 2005:254). Hanging was the main method of capital punishment until it was abolished in the UK in 1967 and the lethal injection and the electric chair was introduced in the United States some centuries , which continues to be methods in some US states at present.

Marxist writers like Karl Marx and Friedrich Engels could argue that punishments serves the interests of the ruling class and out of free will, decide on what person or group should be punished and what sentence they should have. However, they could explain that the ruling class abuse the means of punishment for their own selfish interest. In contrast to Marxism, Weberian thinkers like Max Weber views punishment as a symbolism of ‘karma’ or “an eye for an eye”. Functionalist thinkers like Durkheim who argues that punishment creates a form of mechanical solidarity where one punishment suits all types of crimes whereas, under the umbrella of organic solidarity, punishment varies. He could also explain that punishment was to aim controversy by arousing the emotions and opinions of the public gallery.

Michel Foucault (1977 cited in McGowen 1987:652) sees that capital punishment involves the use of the physical body as a ritual that would symbolizes pain, fear and to stigmatize and deter individuals from engaging in criminal activities. Clifford Geertz (1980 cited in McGowen 1987:653) believes that punishment and treatment to the human body represents an implanted image of pain and guilt which converts into a message sent to society as a tool of deterrence that makes people aware of the consequences if they decide to carry out any crime, teaching them to think before they act. It can be argued that pain associates with the physical body represents vengeance among the audiences who believe in retribution.

Metaphors towards the physical body as the use of execution had been expressed by various writers. This include, J.M Beattie (1986 cited in McGowen 1987: 656) compared society to the physical body and argued that society was seen as a social human being ravaged by crime and the only way to treat society and restore its health was to remove the diseased region from the body. To clarify, society has been infected by crime and punishment was seen as a cure which could result in a death sentence. George Osbourne (1733 cited in McGowen 1987: 661 -2), another philosophical writer sees that society was an unstable body where it body part can be easily infected by disease and it has the potential to spread to other parts of the body hence, it would be too difficult to be treat.

Samuel Rossell (1742 cited in McGowen 1987: 661) who displays another metaphor to the physical body which involves amputating the infected region in order to prevent the disease from spreading by explaining criminals are poisonous and gangrenous and must be amputated from society even if it involves execution. It has been argued (Emsley 2005) that the public gallery displayed a remorseless attitude towards the offender being executed. To them, public execution was seen as theatrical scene where they had the opportunity to watch justice being done and the physical body resembles an image of a sentence being carried out rather than a body of concern (MacRae 1975 cited in McGowen 1987: 654).

Enlightenment theorists like Cesare Beccaria and the Quaker reformers loathed the idea of punishment which involves the execution of a human being and abuse of the physical body because as it was barbaric and brutal although he seems to agree with Jeremy Bentham’s utilitarianism on maximizing pain and minimizing pleasure. It was suggested (Emsley 2005: 267) that punishment should provide the aims which of course, to punish offenders and deter others from offending and punishment should fit the crime. He suggested another a less harsh and barbaric alternative was to deprive offenders off their freedom although he showed ambivalence towards imprisonment (Rothman 1971 and Foucault 1978 cited in Garman 1983: 188). In 1770, Sir William Meredith, the Rockingamite M.P. for Liverpool (Gentleman’s Magazine 1771 cited in Emsley 2005: 267) recommended the House of Commons to arrange an inquiry into the criminal law. He quoted a speech which covered Beccaria’s ideas on punishment and said that a man who embezzled a handkerchief worth 13 pence should be punished the same way if he murdered a whole family of benefactors. However he argued that it would amplify the situation by making the thief worse and dangerous.

Transportation was another form of punishment which was considered to be an important new type of penalty which was handed out to offenders by judges and favours the idea that criminals are diseases to the societal body and needs to be removed to prevent future spreading. It involved people being sent to other colonies to carry out hard labour and other manual tasks. It was considered as cheap and the sentence ranges from seven to fourteen years or to life. The Transportation Act 1784 provided extraction of offenders from the kingdom according to age and the extent of the offence. However offenders who are convicted first time may not be eligible for the death penalty and deserve an alternative to corporal punishment and a discharge (Emsley 2005: 255).

Transportation across the Atlantic start to lose approval because of the wave of the American War of Independence. Despite of the outbreak of the war, the sentence of transportation persisted to be delivered by the courts. In 1751, the House of Commons campaigned for hard labour in the Royal Docks as an alternative to transportation but nevertheless, it was not implemented. Botany Bay was the location that took 778 convicted felons within the Kingdom and those who were transported found themselves incarcerated in appalling institutions such as rotting ships and the hulks and assigned to carry out tasks including labour work in the naval dockyards (Emsley 2005: 255). However, the House of Commons (Emsley 2005: 269) explained that those who were discharged from the hulks had difficulties of finding jobs or receiving parish relief.

The aim of imprisonment was to cut off  offenders from society by depriving them of their freedom and provide them work and uniforms with the intention to strip off their identities and societal memberships. Simultaneously, to cause them emotional pain about their confiscated identities and the deprivation of heterosexual contact (Ignatieff 1978 Conclusion; De Lacy Conclusion 1980 cited in Garman 1983: 189). The Penitentiary Act was passed in 1779 by parliament which was outlined by Howard, Eden and Blackstone which included the construction of two segregated penitentiaries. Unfortunately, they were not built (Emsley 2005: 268 – 9). After appalling conditions of the hulks, many reformers crusaded for well-regulated prisons which stress the aims of amending prisoners and refurbish old hulks. Many reformers and philanthropists like John Howard who owns an estate at Cardington in Bedfordshire were dismayed with the state of the squalor in the county gaol. Simultaneously, he was disturbed by the dilemma of prisoners who were obligated to be enslaved because they were unable to pay the discharge fee to the gaoler (Emsley 2005: 256).

It has been believed (Gentlemen’s magazine 1786 cited in Emsley 2005: 270) that local reformers start to view the penitentiary as an alternative punishment which is considered to be suitable for offenders. It is suggested that strict regimes could reform offenders effectively. Those who were liberated from incarceration, which was fixated with a strict regime would structure them a routine and be used to hard work with the intention to prevent indolence when they are scheduled for release. Imprisonment was suggested to give them the opportunity to engage in religious teaching , help them reflect on their wrongdoings, education and other work-related opportunities which will equip them with the skills and qualification when they are released.

Jeremy Bentham was not only an Enlightenment theorist, but also suggested to have an entrepreneurial spirit within the gaoling field and the mechanics of imprisonment like his panopticon, which he produced in 1791. The intention of the panoptican was to violate the theme of space and time through strict and endless monitoring of prisoners and it was seen as profitable by selling products that would aid the convicts in the divisions of labour (Emsley 2005: 270). Nonetheless, William Eden (Ignatieff 1978 cited in Emsley 2005: 268) distrusted the notion of imprisonment as it could exacerbate offenders by making them more criminalised and dependent rather than making them law –abiding citizens. Prisoners are suggested to be more likely to suffer from mental distress which could increase their risk of loneliness due to long periods of segregation and the levels of prejudice among other inmates.

In conclusion, writers had expressed different views towards the use of punishment. The death penalty in particular, was seen as barbaric and glorifies violence and murder. They feel that the death penalty symbolizes sinking into the levels and minds of murderers rather than illustrating justice. However, it glorifies and symbolizes the eye for an eye and the notion of karma from Weberian thinkers. What was considered to be important in the changes in ideas and forms of punishment highlighted was to meet the needs of discipline among prisoners and the prevention of psychological and emotional distress attached to the strict regime of hard labour, religious and education interventions with the purpose to prepare them for the outside world when they are released.

Beattie, J.M (1986) Crime and the Courts in England, Princeton New Jersey cited in McGowen, R (1987) Journal of Modern History “The Body and Punishment in Eighteenth Century England Vol 5 University of Chicago.

De – Lacy, M.E (1980) “County Prison Administration in Lancashire, 1690 – 1850” Ph.D Dissertation Princeton University cited in Garman, D (1983) Legality, Feleology & the State ch8.

Emsley, C (2005) Crime and Society in England 1750 – 1900 3ed Pearson Education Ltd Harlow ch10.

Garman, D (1983) Legality, Feleology & the State ch8.

Gentleman’s Magazine xli (1771 p147 cited in Emsley, C (2005) Crime and Society in England 1750 – 1900 3ed Pearson Education Ltd Harlow ch10).

Ignatieff, M (1978) Just measures of pain p.57 (cited in Emsley, C (2005) Crime and Society in England 1750 – 1900 3ed Pearson Education Ltd Harlow ch10).

Ignatieff , M(1978) A Just Measure of Pain: The Penitentiary in Industrial Revolution, 1750 – 1850. Pantheon, New York.

McGowen, R (1987) Journal of Modern History “The Body and Punishment in Eighteenth Century England Vol 5 University of Chicago

McRae (1975) “The Body and Social Metaphor,” in the Body as a Medium of Expression, ed J. Benthall and T. Polhemus, New York.

Osbourne, G (1733) The Civil Magistrates Right of Inflicting Punishment London pp 5, 9 (cited in McGowen, R (1987) Journal of Modern History “The Body and Punishment in Eighteenth Century England Vol 5 University of Chicago.

Rossell, S (1742) The Prisoner’s Director London (cited in McGowen, R (1987) Journal of Modern History “The Body and Punishment in Eighteenth Century England Vol 5 University of Chicago).

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How can the impact of poverty be understood in contemporary society?

poverty729-620x349When the word poverty is mentioned, we are captivated by an image of a child no younger than seven wandering the dusty wide streets of a third world country. The feelings of desperation, hunger, sadness, loneliness and vulnerability through his swollen tearful eyes after an hours’ search for a taste of satisfaction soften our hearts melting with sorrow, helplessness and compassion. A picture of his skeletal body pressing onto his flesh mounted on every charity leaflet displayed by street fundraisers we are approached by in our local high streets or a homeless man at the street corner only be heard by the cardboard held by his hands reading: Homeless and Hungry Please help with an exclamation mark as he bows his head down with his eyes peering down at the ground.

Tower block of flats with stairwells overpowered by heavy stench of  urine littered with dirty needles, debris of dust, empty food packets, dried on newspapers and magazine strips. A row of houses with windows patched with wood and walls patterned by graffiti, showing threats, offensive slurs and hatred presumably written by domineering and bullying feral minded youths with the routine of getting drunk on cheap alcohol purchased from shops on what their ignorant dictionary refer as “The Paki Shop”  a typical derogatory banter shared between among feral subcultures, an obvious reaction after being intoxicated by the cheap booze, brought with their “free money” from the government and the result of wave of immigration for South Asia in the 1960s. Their vocabularies are largely spat out with a tirade of profanity and their only reputation is to be thugs and anti – social menaces. This obviously captures our mind with resentment and awareness about the consequences of what poverty can bring, hostility and resentment towards those are from middle and upper class backgrounds.

Poverty is a major social issue along with racism, ageism, social exclusion and sexism. Although poverty is acknowledged and there are certain policies with the aim to neutralise  its high numbers, it continues to be a major issue worldwide. Poverty is not difficult to define as comes in two forms. Absolute poverty,  according to Rowntree (1890’s) is to have insufficient funds for their human rights. In clarity, the amount of income a person needs to pay rent, for food and clothing. Being poor also defines not having the materialistic needs to be accepted within the social norms of society in which Townsend (1970’s) defines as relative poverty. Relative poverty is obviously used to explain poverty in western societies where computers and mobile phones are used to be seen as luxuries in the past. Today, it’s becoming a norm for people to own them. If they do not have any of those items, they may be classified as poor and could make them feel excluded from society.

Functionalists like Davis and Moore (1967) and Parsons (1951) see inequality as unavoidable and is essential for society to create social cohesion. In comparison to other social groups, those who from below the poverty-stricken backgrounds remain stuck especially those as their environment lack opportunities that help them to escape poverty, such as apprenticeships, education and work training programmes. Thus, can be a breeding ground for anti-social behaviour caused by the feelings of frustration among subcultures that live there. Poverty can be seen as an incentive to motivate people, especially those who live poverty-stricken towns and neighbourhoods to find ways to better their chances to leave the depressing position behind by taking advantage of education and government related employment programmes. However, they are motivated by financial rewards rather than enrolling on programmes that aims to help them build their self esteem and self confidence.

Marxists thinkers like Westgaard and Resler (1976) and Kincaid (1979) argue that the bourgeoisie use poverty as an aid to help them meet their own selfish interest by exploiting the feelings of powerlessness and frustration held in the proletarians . Consequently, inequalities are created and eventually, lead to conflict and resentment among the proletarians towards the bourgeoisie . The strength of this explanation is that it highlights the concentration of wealth in the capitalist market and explains the ruling class uses the welfare state as a weapon to prevent the poor from rebelling against the capitalist system. Another criticism of the Marxist lens is it ignores the positives inequalities may bring. For example, it will give the poor and those from working class backgrounds the motivation and persistence to succeed and additionally, ameliorate their levels in resilience and coping skills.

Weberian thinkers like Townsend (1970) believe that inequalities are a result of the demands from the labour market and it is strongly influenced by characteristics, such as race, gender, age and level of education. This explanation highlights some points that people can be blamed for causing poverty especially concern revolve around race and gender. They (Weberians) also believe that people are enslaved in the poverty trap because they lack the power to force other social groups to increase their level of reward. However, Weberian thinkers can be criticised for ignoring the causes of poverty in individuals, such as discrimination in race, age, disability and socio-economic backgrounds. This (Weberian) approach is seen as  more sensitive to these issues of stratification and inequalities and do not see inequality as the cause of poverty. They see that inequalities focus on power and demands from the labour market. Weberians concurs  with the Marxists that inequality is unavoidable in the capitalist system. However, they do not mean that poverty itself is unavoidable. Inequalities can be reduced through progressive taxation, which means that the more money people earn, the more taxes they pay and suggest that relative poverty should be eliminated. This they believe could neutralise the financial burdens endured by those who are from lower and working class backgrounds.

The New Right believe capitalist economies play a key role in poverty  because businesses need to gain more profits by making sure that public spending are kept short. They (New Right) also believe the welfare state is to blame for causing poverty indirectly by forcing entrepreneurs to make higher tax payments. Consequently,  job opportunities are not created. They  feel the welfare state is responsible for encouraging people to be more interested in claiming benefits, which creates fatalistic attitudes, believing they are better off living on handouts rather than working for a minimum wage as they are put off by the possiblity of rejection from potential employers and a vicious no win situation. However, a criticism of the New Right is that poverty would increase if the welfare state was eradicated, thus exacerbating the levels of mixed emotions among those who are already trapped. They will unable to afford a healthy diet, leaving them susceptible to common illnesses, which could leave them absent from the labour market. This means, they won’t be receive a regular income to cover the basic needs for survival.

Women are more likely to suffer from poverty than men because of discrimination and demands of their stereotypical roles within the patriarchal society. Since the feminist’s movement in the 1960s, which severed ties with patriarchy, women are now striving for education and careers. However, women are more likely to gain part – time and menial jobs and this could have an impact on their pensions in later life. Women tend to dominate single parent families than men, making their chances of obtaining employment more challenging because of childcare duties. As a result, become more dependent on the state, leaving them sinking into a vicious circle. Feminists, especially those with radical views can argue the welfare state discourages women from seeking employment and as welfare state symbolises patriarchal control and feel threatened to be sanctioned if they work. Glendinning and Millar (1994) stressed that women may be restricted of access to other types of benefits and only 60% of women are entitled for maternity leave.

Women who are in the poverty trap are likely to exploit the welfare state by producing more babies and could lose their benefits if they obtain employment which agrees with Pollak (1961) who argue that women take advantage of their stereotypical roles. This can be seen as a criticism ignored by feminist thinkers additionally, the subject of prostitution, where women will engage in this risky activity to achieve the basic needs for survival especially those with children. This would result them to abuse particularly rape by their pimps and clients if they refuse to give them their services, in fear of having unwanted pregnancies and sexually transmitted diseases. This would eventually leave them permanently incarcerated in the poverty trap.

Neera Sharma, a Policy Officer from Barnados (BBC News) says that poverty can impact a child’s personal, social and educational development. Lack of a healthy diet, hygiene and unconditional love play a part in child poverty. The cycle of deprivation by Rutter and Madge (1976) illustrates on how poverty can have an effect on people. For example, a child be born into poverty, grows up in a council estate and gains the lower class status. They may suffer from health problems because of their poor diet and this would affect their education performance and consequently, drop outwith no qualifications and difficulties of holding down a job and the cycle persists into adulthood. This could provoke them to engage in criminal activities to achieve the basic, materialistic or both needs . Therefore, it would make it difficult for them obtain employment, mirroring the cycle of deprivation. Eventually this cycle can be passed on from generation to generation. This can influence them and adopt this as a way of life manifest the fatalistic attitudes and refuse opportunities in employment and education.

People with disabilities are at risk of  poverty their  able – bodied counterparts as their physical health restricts them from seeking employment and if they do obtain employment, it would be low skilled and low paid. Oppenheim and Harker (1996) estimated that 47% of disabled were living in poverty in the 1980s. They also argue that higher rates of poverty among disabled people were partly due to social exclusion and discrimination because of the hostile attitudes held in the minds of the able-bodied and the stigma held in mainstream society, where they are labelled as “abnormal”. Alcock (1997) points out that disabled people are more likely to suffer from social exclusion and material poverty than able-bodied, thus increasing levels of depression and low self-esteem.

Disabled people have higher spending costs on items such as heating, adaptable aids, transport and heating than most people. 46% of disabled people lived in the poorest conditions in 1985 and reduced down to 38% in 1996 and 1997. The disability living allowance is designed to prevent financial hardships in disabled people and provided incentives, such as skills training and work preparation enabling them to seek employment. However, it can be criticised for ignoring that people can overcome their overcome with the right support and help from charities and governmental programmes specialising in disabilities. Another criticism of disability as it tends to concentrate on physical immobility and not those who are suffer specific learning disabilities, such as Dyslexia, ADHD, Dyspraxia and Asperger’s Syndrome. Thirdly, mental health is ignored as those who live with conditions particularly, bipolar disorder and schizophrenia are prone to prejudice and discrimination as the hostility held in society unconsciously views  them “crazy” or “mentally abnormal”. Thus excerabates their chances of entering the labour market and integrate to mainstream society.

Members from Black and Ethnic minority backgrounds are twice at risk of experiencing poverty than their white counterparts. Racial discrimination is obviously seen as the core root of poverty and unemployment. Institutional racism in education is a major problem in contemporary society as teachers hold subconscious negative racial stereotypes and lack understanding in cultural diversity and direction in schools, which result in low education attainment and poor academic performance within black and ethnic minoritity groups, provoking them to drop out. This eventually leads to a restriction of job opportunities and therefore, subject them to be permanently trapped in the cycle of deprivation. Thus, engage in criminal activities, such as drug dealing, theft, fraud and robberies against their white counterparts to express deep-rooted feelings of resentment.

Scott and Fulcher (1999) note that two – thirds of Pakistani and Bangladeshi families are in the bottom fifth of the income distribution in Britain. He also argues that ethnic minorities can experience problems with the benefits system as they receive a fewer amount benefits than their white counterparts and they feel the welfare state does not respond to cultural or family issues  e.g. Afro – Caribbeans are more likely to face poverty because they have higher numbers of single parenthood and treatment by staff at their local job centre. Ethnic groups are more like to be socially excluded due to of racism and language barriers if English is not their first language. Alcock (1997) notes that poor housing; ill-health and lack of education could be linked to financial inequality in the Black and Ethnic minorities, making it obvious that strong levels of racist attitudes held in hegemonic institutions, which can back up argument  causes of poverty within the black  and ethnic communities. Alcock can be criticised for ignoring the link between racial hostility and poverty in black and ethnic minorities especially held in institutions and towns that are predominately white.

Poverty continues to make a negative impact in contemporary society, through the theoretical lenses. Marxist thinkers resent the ruling class for the cause of poverty among the poor. However, the chances to rise above the poverty line lies in the self-belief and personal responsibility regardless of their characteristics. Unfortunately, enraged by the negative feelings experienced by poverty, some turn to crime, not knowing it would create a cycle of deprivation for their offsprings. Weberians made good points that people are to blame for their own poverty by refusing to take offers from the labor market and opportunities in education because of their fatalistic attitude. They also argue that poverty indicates the issue of power and status within the labour market along with inequalities. Functionalist thinkers argue poverty cannot be eradicated as it is needed to a certain degree to create social cohesion. Feminist thinkers feel that poverty reveal issues of sexism feeling the welfare state and benefit handouts favours the interest of patriarchy and women are seen as victims of  so-called “patriarchal welfare slavery”.

 

Alcock, P. (1997) Understanding Poverty, 2nd edn, Macmillan Basingstoke.

Class handouts: Sociology AS for AQA, Wealth poverty and welfare p274 – 81.

Class handouts: Poverty and Inequalities.

Class handouts: Theoretical explanations for poverty and the Welfare State.

Class handouts: Individual and groups most at risk of poverty.

Class handouts: Chapter 4 Poverty and social exclusion p 258 – 61.

Davis, K and Moore, W.E (1967 first published, 1945) ‘Some principles of stratifications’ in Bendix and Lipset (eds) (1967).

Haralambos, M, Holborn, M, Heald, R Sociology Themes and Perspectives: Chapter 5: Poverty and social exclusion, (2000), 5ed, HarperCollins, London, p313 – 14, 334 – 41.

Kincaid, J. (1979) ‘Poverty and the Welfare State’ in Irvine et al (ed.) (1979).

Parsons, T (1951) The Social System, The Free Press, New York.

Glendinning, C. and Millar, J. (1994) Women and Poverty in Britain: The 1990s, Harvester Wheatsheaf, Hemel Hempstead.

Pollak, O (1961) The Criminality of women A.S Barnes. University of Michigan

Oppenheim, C. and Harker, L. (1996) Poverty: Facts, 3rd edn, CPAG, London.

Rowntree, S. (1901) Poverty: A study of Town Life, Macmillan, London.

Townsend, P. (1970) ‘Measures and explanations of poverty in high and low-income countries in Townsend (ed.) (1970). (ed.) (1970) The Concept of Poverty, Heinemann, London.

Westergaard, J. and Resler, H. (1976) Class in a Capitalist Society, Penguin, Harmondsworth.

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