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Porous Penality and the Myth of Liberal Punishment: Lessons from South Africa.
- Source :
-
British Journal of Criminology . Jan2024, Vol. 64 Issue 1, p107-123. 17p. - Publication Year :
- 2024
-
Abstract
- Drawing on Walter Benjamin, this paper discusses the relationships between law, violence, and punishment. The main argument I make is that state punishment is BOTH a violent and logically contradictory practice and that the state's legal right to punish often spills over into extralegal penal violence, perpetrated by a range of actors against the racialized poor. I use the term penal violence to refer to all forms of violence which are aimed at enforcing law or punishing a perceived transgression of law or norms. The paper focuses on the infliction of penal violence in South Africa on/in three different scales and jurisdictions: Makwanyane and violence in prisons; police and prosecutorial violence; and extralegal civilian violence. [ABSTRACT FROM AUTHOR]
- Subjects :
- *PRISON violence
*RACIALIZATION
*TRANSGRESSION (Ethics)
Subjects
Details
- Language :
- English
- ISSN :
- 00070955
- Volume :
- 64
- Issue :
- 1
- Database :
- Academic Search Index
- Journal :
- British Journal of Criminology
- Publication Type :
- Academic Journal
- Accession number :
- 174273379
- Full Text :
- https://doi.org/10.1093/bjc/azad017