Social analysis and philosophy of punishment. - Criminal Law

Internal Code: MAS6442

Criminal Law:

Questions: 1) As famously highlighted by Foucault, consider how modernism heralded a move away from the punishment of the body towards the discipline of the soul through surveillance and incarceration. How effectively does Foucault's concept of discipline describe contemporary practices of punishment in Australia and other Western nations? 2) Through his concept of “net-widening,” Cohen argues that community corrections are not genuinely diversionary, while Scull has argued that a move towards “decarceration” amounts to " malign neglect". Assess these arguments by considering the pros and cons of community corrections. 3) Discuss the interplay of retributive and utilitarian justifications for punishment in the social and political push for indefinite or preventive detention for serious sex offenders.