First published in 1985, this classic of law and society scholarship continues to shape the research agenda of today’s sociology of punishment. It is now republished with a new Preface by the author. Punishment and Welfare explores the relation of punishment to politics, the historical formation and development of criminology, and the way in which penal reform grew out of the complex set of political projects that founded the modern welfare state. Its analyses powerfully illuminate many of the central problems of contemporary penal and welfare policy, showing how these problems grew out of political struggles and theoretical debates that occurred in the first years of the 20th century. In conducting this investigation, David Garland developed a method of research which combines detailed historical and textual analysis with a broader sociological vision, thereby synthesizing two forms of analysis that are more often developed in isolation. The resulting genealogy will interest everyone who works in this field. “… a brilliant book … the main arguments of Punishment and Welfare are undoubtedly some of the most tenacious and exciting to emerge from the field of criminology in many years.” — Piers Bierne, Contemporary Sociology “… one of the most important pieces of work ever to emerge in British criminology. It is a study of depth, subtlety and complexity … Garland’s integration of close historical details with a broader sociological vision provides a model methodology….” — Stan Cohen, British Journal of Criminology “This study shows how early 20th-century penal policy was a function of the nation’s social welfare practices. Garland’s theory is as applicable to the 21st century as it is to that earlier era: A tour de force.” — Malcolm Feeley, University of California–Berkeley

From Margaret Thatcher’s first government to austerity politics, Ian Cummins traces changing attitudes to imprisonment and the social state. With fresh insights and critical thinking, he demonstrates how increasingly punitive approaches to crime and welfare have shaped the neoliberal economy and created stigma around those living in poverty.

Since 1993, crime in the United States has fallen to historic lows, seeming to legitimize the country’s mix of welfare reform and mass incarceration. The Upper Limit explains how this unusual mix came about, examining how, beginning in the 1970s, declining living standards for the poor have defined social and penal policy in the United States, making welfare more restrictive and punishment harsher. François Bonnet shows how low-wage work sets the upper limit of social and penal policy, where welfare must be less attractive than low-wage work and criminal life must be less attractive than welfare. In essence, the living standards of the lowest class of workers in a society determine the upper limit for the generosity of welfare and for the humanity of punishment in that society. The Upper Limit explores the local consequences of this punitive adjustment in East New York, a Brooklyn neighborhood where crime fell in the 1990s. Bonnet argues that no meaningful penal reform can happen unless living standards and the minimum wage rise again. Enlightening and provocative, The Upper Limit provides a comprehensive theory of the evolution of social and penal policy.

This book presents a feminist historical materialist analysis of the ways in which the law, policing and penal regimes have overlapped with social policies to coercively discipline the poor and marginalized sectors of the population throughout the history of capitalism. Roberts argues that capitalism has always been underpinned by the use of state power to discursively construct and materially manage those sectors of the population who are most resistant to and marginalized by the instantiation and deepening of capitalism. The book reveals that the law, along with social welfare regimes, have operated in ways that are highly gendered, as gender – along with race – has been a key axis along which difference has been constructed and regulated. It offers an important theoretical and empirical contribution that disrupts the tendency for mainstream and critical work within IPE to view capitalism primarily as an economic relation. Roberts also provides a feminist critique of the failure of mainstream and critical scholars to analyse the gendered nature of capitalist social relations of production and social reproduction. Exploring a range of issues related to the nature of the capitalist state, the creation and protection of private property, the governance of poverty, the structural compulsions underpinning waged work and the place of women in paid and unpaid labour, this book is of great use to students and scholars of IPE, gender studies, social work, law, sociology, criminology, global development studies, political science and history.

The politics and policies that led to America's expansion of the penal system and reduction of welfare programs In 1970s America, politicians began "getting tough" on drugs, crime, and welfare. These campaigns helped expand the nation's penal system, discredit welfare programs, and cast blame for the era's social upheaval on racialized deviants that the state was not accountable to serve or represent. Getting Tough sheds light on how this unprecedented growth of the penal system and the evisceration of the nation's welfare programs developed hand in hand. Julilly Kohler-Hausmann shows that these historical events were animated by struggles over how to interpret and respond to the inequality and disorder that crested during this period. When social movements and the slowing economy destabilized the U.S. welfare state, politicians reacted by repudiating the commitment to individual rehabilitation that had governed penal and social programs for decades. In its place, they championed strategies of punishment, surveillance, and containment. The architects of these tough strategies insisted they were necessary, given the failure of liberal social programs and the supposed pathological culture within poor African American and Latino communities. Kohler-Hausmann rejects this explanation and describes how the spectacle of enacting punitive policies convinced many Americans that social investment was counterproductive and the "underclass" could be managed only through coercion and force. Getting Tough illuminates this narrative through three legislative cases: New York's adoption of the 1973 Rockefeller drug laws, Illinois's and California's attempts to reform welfare through criminalization and work mandates, and California's passing of a 1976 sentencing law that abandoned rehabilitation as an aim of incarceration. Spanning diverse institutions and weaving together the perspectives of opponents, supporters, and targets of punitive policies, Getting Tough offers new interpretations of dramatic transformations in the modern American state.

Means-tested government assistance in the United States requires recipients to meet certain criteria and continue to maintain their eligibility so that benefits are paid to the “truly needy.” Welfare is regarded with such suspicion in this country that considerable resources are spent policing the boundaries of eligibility, which are delineated by an often confusing and baroque set of rules and regulations. Even minor infractions of the many rules can cause people to be dropped from these programs, and possibly face criminal prosecution. In this book, Spencer Headworth offers the first study of the structure of fraud control in the welfare system by examining the relations between different levels of governmental agencies, from federal to local, and their enforcement practices. Policing Welfare shows how the enforcement regime of welfare has been constructed to further stigmatize those already living in poverty and deepens disparities of class, race, and gender in our society.

This book draws on historical and cross-disciplinary studies to critically examine penal practices in Scandinavia. The Nordic countries are often hailed by international observers as ‘model societies’, with egalitarian welfare policies, low rates of poverty, humane social policies and human rights oriented internal agendas. This book, however, paints a much more nuanced picture of the welfare policies, ideologies and social control in strong centralistic states. Based on extensive new empirical data, leading Nordic and international scholars discuss the relationship between prison conditions in Scandinavia and Scandinavian social policy more generally, and argue that it is not always liberating and constructive to be embraced by a powerful welfare state. This book is essential reading for researchers of state punishment in Scandinavia, and it is highly relevant for anyone interested in the ‘Nordic Model’ of social policy.

This Very Short Introduction discusses the necessity of welfare states in modern capitalist societies. Situating social policy in an historical, sociological, and comparative perspective, David Garland brings a new understanding to familiar debates, policies, and institutions.

The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states– a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts. America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable– and unwilling– to end a punishment that has the support of local majorities and a storied place in popular culture. In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales. Garland brings a new clarity to our understanding of this peculiar institution– and a new challenge to supporters and opponents alike.

Germany today has one of the lowest incarceration rates in the industrialized world, and social welfare principles play an essential role at all levels of the German criminal justice system. Warren Rosenblum examines the roots of this social approach to criminal policy in the reform movements of the Wilhelmine and Weimar periods, when reformers strove to replace state institutions of control and incarceration with private institutions of protective supervision. Reformers believed that private charities and volunteers could diagnose and treat social pathologies in a way that coercive state institutions could not. The expansion of welfare for criminals set the stage for a more economical system of punishment, Rosenblum argues, but it also opened the door to new, more expansive controls over individuals marked as "asocial." With the reformers' success, the issue of who had power over welfare became increasingly controversial and dangerous. Other historians have suggested that the triumph of eugenics in the 1890s was predicated upon the abandonment of liberal and Christian assumptions about human malleability. Rosenblum demonstrates, however, that the turn to "criminal biology" was not a reaction against social reform, but rather an effort to rescue its legitimacy.