Freedom and Social Control

Austin – Spring 2008

 

TENTATIVE STUDY GUIDE FOR MID-TERM EXAM

 

Structure of Exam

 

25-point exam

 

1.      What are the key assumptions in the negative (liberal) and positive (social democratic) conceptions of freedom?  What does it mean to label these perspectives "negative" and "positive"? What is the dominant US ideology in relationship to the types of freedom we have discussed in class?  What is the basic idea behind the “social contract”?  What are the different versions of liberalism?  What is/are feature/s of the basic liberal ideology that both liberals and conservatives share?  What are the assumptions of Hayek, Locke, and Hobbes?  How do they differ?  What is Hayek’s core argument?  Why does Hayek claim that any collective effort to secure greater material equality would compromise the principle of equality before the law and thus represent unjustified coercion?  Hayek mainly attributes inequality to what three sources? 

2.      Marx and Engels take up several arguments made by their opponents in the Communist Manifesto.  One is the claim that doing away with private property will cause all work to cease and society to be overtaken with universal laziness.  What is their response to this claim?  Among other things, Marx and Engels advocate what measures to begin the journey to communism?  What is alienation?  What is the source of alienation in capitalist society?  Marx and Engels argue that communism deprives no man of the power to appropriate the products of society; all that it does is to deprive him of the power to subjugate the labor of others by means of such appropriation. What do they mean by this?

3.      What is the basic argument of Colvin's book, Penitentiaries, Reformatories, and Chain Gangs?  What do the theorists in his book for the most part argue about the relationship between the level of crime and the type and amount of punishment?

4.      What are the main arguments of the several theorists covered over the first third of the course?  Be familiar with the ideas of Durkheim, Marx, Foucault, Elias, etc.  For example, who links variation in the scope and intensity of punishment to changes in the material base of society, such as the size of the excess work force?  Who links variation in the scope and intensity of punishment to changes in the division of labor and crises of collective moral sentiments?  What do Rusche and Kirchheimer argue? Be prepared to match theorists with interpretations of changes in punishment in the 19th century (see Colvin).

5.      Durkheim theorizes that changes in punishment reflect changes in the relationship of the moral order and moral sentiments to the social totality and the division of labor.  What were the main points of his argument?  What is the difference between mechanical and organic solidarity?  What is the difference between mala in se and mala prohibita?  What is retribution?  What is restitution?  Why does Durkheim believe that crime is a normal feature of healthy societies?  What is the problem with Durkheim’s grand theory?  What’s useful in his theory?

6.      Know terms from Marx.  What is surplus value?  What is exploitation?  How does Marx link variation in the scope and intensity of punishment to changes in the material base of society?  What are the basic features of the capitalist mode of production?  What are the consequences of accumulation?  What is the difference between absolute and relative surplus value?

7.      What does Michel Foucault claim changed between the executions of regicides Damiens and Fieschi?  What was the symbol of power during the First Penal Age?  During the First Penal Age, torture had two purposes/functions.  What were these?  What is the character of the new moral technologies of the Second Penal Age?  Between the First Penal Age and the Second Penal Age, the central power figure shifted from what to what?  How would Michael Foucault explain changes in punishment in the nineteenth century?  What are some problems with this explanation?  According to Michel Foucault, in Discipline and Punish, eighteenth century prison reformer Jeremy Bentham proposed that criminal justice should be primarily concerned with what rehabilitation (or reforming the moral character of offenders).  Who proposed a circular prison where prisoners would be watched without seeing the watcher, and believed that this arrangement would morally reform the offender by strengthening their conscience?  Who was Cesare Beccaria?  What did the eighteenth century prison reformer Jeremy Bentham argue?  What is the “Panopticon”?  What does it look like?  What is its function?  What is “panopticism”?

8.      How would Norbert Elias explain changes in punishment in the nineteenth century?  Why does he contend that growing humanitarianism, part of the civilizing process, led to a reduction in the severity of punishment?  What are some problems with this explanation?

9.      What does Quinney mean by the "social reality of crime"? What community and organizational factors make application of criminal labels more likely? Be able to list the five propositions of Quinney’s social reality of crime thesis. Do not answer these simply with "application of criminal definition" and so forth. Know the propositions.

10.  According to your reading and my summary of Georg Rusche and Otto Kirchheimer’s study of social control in Europe, Punishment and Social Structure, what were key changes in the criminal law in the shift from feudalism to capitalism? What were the forces that undermined the private character of the law during the fourteenth century in Europe? We have seen in our study of Rusche and Kirchheimer that, contrary to Durkheim, punishment was not very great in the early Middle Ages in Europe. Why?

11.  According to Colvin, what were the characteristics of early colonial America? What was the relationship between crime control in England and the character of labor in the colonies? How does Colvin characterize the changes in crime in the eighteenth century?

12.  What false assumption do most theories make when explaining rates of incarceration? What do the FBI statistics say about the rate of crime over the past 40 years? What are some criticisms of the FBI statistics? What is the NCVS? Why is it superior to FBI’s UCR? What are some of the other problems with standard theories explaining patterns of imprisonment over the second half of the twentieth century? We covered five types of explanations for crime and or punishment during this unit with respect to explaining the rise of prison populations over the past forty years. What are they? What are their main elements? What are problems with each approach?

13.  In class, I explained the development of the penitentiary in the nineteenth century by linking changes in punishment to economic cycles. First, be able to explain the theory of the economic cycle of rehabilitation and repression. Be prepared to use historical examples to illustrate the theory. Second, why does Colvin criticizes this procedure? According to Colvin, to fully understand reform and stagnation in the development of the penitentiary, what does one need to do? According to lecture, in what ways was prison labor economically beneficial for the emerging industrial capitalist class in the nineteenth century? What use of prison labor was economically beneficial for the emerging industrial capitalist class in the nineteenth century.