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Crime prevention and control: Western beliefs vs. traditional legal practices

Published online by Cambridge University Press:  13 October 2008

Amedeo Cottino
Affiliation:
Amedeo Cottino is Professor of Sociology of Law at the Department of Social Sciences, University of Turin

Abstract

This paper raises two main questions. The first concerns the current idea that punishment – conceived as the loss of liberty – has an effect in preventing unlawful behaviour. It can in fact be shown that, in general, sanctions have a poor individual preventive effect. As to general prevention, punishment may be expected to have a deterrent effect when the unlawful behaviour is the result of a rational decision, that is, a decision based on a cost–benefit analysis. However, a wide variety of factors, from group support to situational and systemic factors, may very well counteract the threatening effect of the sanction. The second question concerns the feasibility of non-stigmatizing ways to cope with crime. The few examples borrowed from legal anthropology seem to indicate that viable alternatives exist. But the transfer of a non-Western, indigenous problem-solving process to culturally different contexts is problematic and should be carried out with extreme caution.

Type
Sanctions
Copyright
Copyright © International Committee of the Red Cross 2008

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