The Promises and Pitfalls of Path Dependence Frameworks for Analyzing Penal Change

Abstract

Although the study of penal changes throughout history is central to punishment studies, the field has taken little from historical institutionalists’ theories of institutional change. One of the most relevant such theories is path dependence. This article outlines path dependence frameworks’ most fruitful elements for studying penal change. Drawing on foundational political science and historical sociology texts, as well as several punishment scholars’ works, this article highlights the advantages of thinking through stasis and change, mechanisms of inertia such as feedback effects, and exogenous shocks. While path dependence offers a powerful framework, it can also be an unsatisfying explanation at times, particularly when path dependence is itself a seemingly uphill battle, when apparent stasis hides ongoing change, or when institutions survive hypothesized mechanisms of change. This paper closes by discussing some ways in which punishment scholars can strengthen the path dependence framework by blending it with recent theoretical developments in the punishment studies field.