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The Culture of ControlCrime and Social Order in Contemporary Society$
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David Garland

Print publication date: 2002

Print ISBN-13: 9780199258024

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199258024.001.0001

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Modern Criminal Justice and the Penal-Welfare State

Modern Criminal Justice and the Penal-Welfare State

(p.27) 2 Modern Criminal Justice and the Penal-Welfare State
The Culture of Control

David Garland

Oxford University Press

This chapter describes the penal-welfare structure, formed by combining the liberal legalism of due process and proportionate punishment with a correctionalist commitment to rehabilitation, welfare, and criminological expertise. By the 1960s, in both the USA and the UK, penal-welfarism commanded the assent, or at least the compliance, of all the key groups involved in criminal justice — and the enthusiastic support of government department administrators, social work professionals, and liberal elites. The idea of ‘progress in penal reform’ was a conventional idea, and an intelligible one, because it captured the sense of the gradual implementation of a progressive programme that was widely shared and highly respected. These penal-welfare arrangements were also part of the wider scheme of things. Their basic structure and functioning were rooted in the differentiated institutional arrangements of modern society, and their programmes and working ideologies were integral elements of the post-war welfare state and its social democratic politics.

Keywords:   penal-welfare, liberal legalism, due process, UK, USA, criminal justice

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