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12 - Durkheim on Crime and Punishment in Moral Education (1902-03)

from Part III - Durkheim on Crime and Punishment

Published online by Cambridge University Press:  05 October 2014

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Summary

All punishment, once applied, loses a part of its influence by the very fact of its application. What lends it authority, what makes it formidable, is not so much the misery that it causes as the moral discredit implied in the blame that it expresses. This feeling of moral sensitivity that stands guard against misdeeds is one of the most delicate of sentiments. It is not strong, it is not complete in itself, it lacks its full power of influence except among those for whom it has lost nothing of its original purity. We often say that the first offence always leads to others. This is because, once we have felt it, we are less sensitive to this shame. Punishment has this very great limitation of clashing with one of the chief resources of the moral life, and thus reducing its own efficacy in the future. It retains all of its force only when it simply constitutes a threat.

(Durkheim 2002, 198-9; emphasis added)

Although Durkheim's general views on punishment have been widely discussed within contemporary criminology (Garland 1991, 23-81; Hudson 1998, 79-95; Cotterrell 1999, 65-99; Jones 2001, 142-51) much of this discussion seems to rely rather heavily on Durkheim's account of punishment in The Division of Labour, with perhaps some account of his ‘Two Laws of Penal Evolution’ essay for good measure, but with very little else besides.

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Publisher: Anthem Press
Print publication year: 2014

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