Abstract
One theoretical position views the penal system as designed to create social harmony and equality of power between individuals and groups. From this position transgressors of the law are seen as evil, sick or ignorant and policies of prevention, punishment or reform are justified. An alternative approach sees the penal system as a means of regulating society in general but particularly as the apparatus by which the interests of the property owning class are protected. The degree to which the penal system operates in the general or in the ‘class’ interest changes with changes in the economic system and in times of crisis the monopoly of violence legitimized in the penal system is reinforced by military power. In this analysis transgressors appear as victims, scapegoats or martyrs, or as enemies and the solution to social conflict is seen in a radical transformation of society by one side or the destruction of the enemy by the other.
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