Abstract

It is now common in the sociology of punishment to lament that comparative penology has not matured as an area of research. While there have been seminal works in the comparative canon, their conceptual tools tend to be drawn from grand narratives and macro-structural perspectives. Comparative researchers therefore lack concepts that can help capture the complexity of penality within a single nation, limiting the cross-national perspective. Why is this relative lack of comparative refinement still the case? This article investigates this question by looking specifically at penal exceptionalism, a concept central to comparative penology. While punitiveness as a comparative and descriptive category has been critiqued, its converse, penal exceptionalism remains prevalent but undertheorised. Examining exceptionalism reveals that it is not merely the macro-structural approach to comparison that has limited the development of cross-national sociology of punishment, but the Anglocentric assumptions, which are the bedrock of comparative penology. In this essay, I argue that penal exceptionalism versus punitiveness is an Anglocentric formulation. These taken-for-granted assumptions have become so central to the comparative enterprise that they act as a barrier to developing new innovative comparative frameworks and concepts. The article concludes by suggesting some methodological strategies that are intended as a way of helping comparative penology to expand its toolkit and support the ongoing development of more equitable criminological knowledge.

Highlights

  • Comparative penology tends to be motivated by two central questions: (1) Why do certain nations, Anglophone, display similar penal patterns and levels of punitivity? and (2) how come other nations manage to punish differently, implementing lenient forms of incarceration and maintaining moderate penal politics (Cavadino and Dignan, 2006; Downes, 1988; Green, 2008; Lacey, 2008; Pratt, 2008; Pratt and Eriksson, 2013; Savelsberg, 1994; Whitman, 2003)? While comparative penality scholarship has expanded, it is still considered to remain ‘at an early stage’ of development (Garland, 2017: 2; Hamilton, 2014; Sparks, 2001)

  • Why is this the case? The aim of this article is to identify some of the barriers to a more illuminating comparative penology and sketch out some possible methodological avenues that could advance this discipline in fruitful new directions

  • Describing places as singular and unique seems to be a common refrain in comparative research, and it serves as a definition for the penal systems in the United States, the Republic of Ireland, Scotland and the Scandinavian nations

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Summary

Introduction

While comparative penality scholarship has expanded, it is still considered to remain ‘at an early stage’ of development (Garland, 2017: 2; Hamilton, 2014; Sparks, 2001). While punitiveness as a comparative and descriptive category has been critiqued (Hamilton, 2014; Matthews, 2005; Sparks, 2001), its converse, penal exceptionalism remains prevalent but undertheorised. There has been little exploration of this term in general, what it means and its consequences for our theoretical and comparative toolkits

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