The Penal Leviathan: What Wacquant and Rothbard Reveal About Modern Punishment
Posted by freedomforall 4 days, 23 hours ago to Government
Excerpt:
"Wacquant and Rothbard share an understanding of the state’s role. Wacquant views the penal state as a bureaucratic arm of what he calls neoliberal governance, used to control marginalized populations. Rothbard views the penal state as a predatory institution that thrives on coercion. Both agree that the penal system tends to neglect victims, expand state power, and generate political legitimacy rather than genuine justice.
...
Rothbard offers something Wacquant does not: a way out. Restitution replaces the sacrificial logic of punishment with a logic of repair. It shifts the focus from the offender to the victim, closes the moral account rather than leaving it open, and satisfies the need for justice without feeding the bureaucratic machine. In To Serve and Protect (1990), Bruce Benson shows that pre-state legal systems, such as Anglo-Saxon weregild, relied on restitution to prevent feuds and maintain peace. These systems worked because they focused on compensation rather than punishment."
"Wacquant and Rothbard share an understanding of the state’s role. Wacquant views the penal state as a bureaucratic arm of what he calls neoliberal governance, used to control marginalized populations. Rothbard views the penal state as a predatory institution that thrives on coercion. Both agree that the penal system tends to neglect victims, expand state power, and generate political legitimacy rather than genuine justice.
...
Rothbard offers something Wacquant does not: a way out. Restitution replaces the sacrificial logic of punishment with a logic of repair. It shifts the focus from the offender to the victim, closes the moral account rather than leaving it open, and satisfies the need for justice without feeding the bureaucratic machine. In To Serve and Protect (1990), Bruce Benson shows that pre-state legal systems, such as Anglo-Saxon weregild, relied on restitution to prevent feuds and maintain peace. These systems worked because they focused on compensation rather than punishment."
