Penal and welfare conditionality: Discipline or degradation?

Abstract

AbstractThis paper aims to complement analyses of welfare conditionality by examining what can be learned from studies of conditional punishment in the criminal justice system. Drawing on a range of recent studies, I explore lived experiences of the conditionality attendant on penal forms of supervision; penal forms that have expanded rapidly in recent decades. I argue that, to paraphrase Stan Cohen, such supervision is as much about the dispersal of degradation as it is about the dispersal of discipline. Indeed, in contemporary western societies, both in punishment and in welfare systems, I suggest that conditionality functions less to discipline poor and marginalised people and more to disqualify them from the entitlements of ordinary citizenship. In so doing, conditionality constructs them as denizens, thus serving to limit the liabilities for the state that arise from social inequalities. Extending Delroy Fletcher and Sharon Wright's metaphor, the abusive slaps now meted out in concert by both hands of the penal state are as much about degrading and denying the entitlements of “needy” denizens as they are about influencing their conduct. But crucially, even within the increasingly restrictive context created by these developments, penal practitioners can and do provide care and assistance.