The penality of politics, penality in contemporary Italy 1970-2000

The thesis is a socio-legal account of Italian penality between 1970 and 2000. It analyses the Italian experience as a critical case study with which to test David Garland, Alessandro De Giorgi and Nicola Lacey’s theories of punishment in contemporary Western polities. It argues that Italian penality is not sufficiently explained by reference to Garland or De Giorgi’s meta theories of ‘late modern’ and ‘post-Fordist’ punishment. Lacey’s institutional analysis provides a better framework, if modified to allow for the centrality of political dynamics in Italy. The thesis argues that Italian penality is a ‘volatile penal equilibrium’, whose ‘differential punitiveness’ is marked by oscillations between repression and leniency. The thesis provides an institutional analysis of Italian punishment, investigating in turn the Italian political economy, political culture and state-citizen relations, judicial contributions to penal trends, and the punishment of non-EU migrants. The thesis argues that Italian penality can be systematised by reference to political dynamics, in particular political conflict and political dualisms. Political conflict can broadly be defined as conflict between political interests, ranging from parties through to broader political groups such as families; dualisms are tensions produced by opposing institutional dynamics. The thesis analyses these conflicts and dualisms in terms of penal pressures, either in favour of penal exclusion or moderation. Italy’s institutional structure incorporates political conflict, and fosters structural tensions. The result is that Italy’s volatile political equilibrium is conveyed through its institutions to the penal realm, producing a volatile penal equilibrium. Ultimately, the Italian case study demonstrates that contemporary theories of penality should explicitly incorporate political dynamics and their institutional anchorage. Italian penality can be analysed in terms of the nature of the state and its institutions and inclusion and exclusion from political belonging. Contemporary theories would profit from incorporating this analysis

Punishment, authority and political economy:Italian challenges to western punitiveness

This article explores the challenges that Italy poses for existing analyses of western punishment. These ‘challenges’ are visible at the penal level and in relation to the variables used to explain contemporary penal trends. In this article I argue that Italian penality cannot be understood in terms of unequivocal ‘punitiveness’ or unequivocal ‘moderation’. Italian trends betray a co-existence and alternation of repression and leniency, whose incidence I trace in penal reform and legislation. I explore the issue of waning state sovereignty and its presumed contribution to increasing punitiveness, explaining why the evolution of the Italian state does not fit this narrative. I argue that Italy is a contested state, whose penal law can be sidelined by the informal norms with which it co-exists. I also ask whether Italian penality can be explained by reference to political economy. I argue that Italy’s hybrid political economy challenges the methodological approach that predicts punitiveness or moderation by reference to political economic evolution. I conclude by explaining why politics – political dynamics, institutions and culture – is the key organizing principle with which to systematize contemporary Italian penality. I argue that political dynamics should likewise be reconsidered by, and integrated into, existing analyses of western punishment. </jats:p

Comparing serious violent crime in the US and England and Wales: why it matters, and how it can be done

Comparative analysis of violent crime is hampered by a lack of reliable statistics, even between relatively similar countries, with doubts about existing studies suggesting that further comparative data is needed. Violent crime presents particular problems of variation in offence definition and recording practices. We can, however, derive reasonably valid comparative data for the US and England and Wales for the narrower category of serious violent crime. We show broadly that the incidence of serious violent crime per capita is between three and seven times as high in the US as in England and Wales. This parallels the comparative data on homicide; existing comparisons with Canada and New Zealand lend further weight to the claim that levels of serious violence in the US are distinctively high

The penal implications of austerity:Italian punishment in the wake of the Eurozone crisis

The article discusses the implications of the Eurozone crisis for Italian penality. It begins by analysing the ‘politics of austerity’ – the economic reforms and new political mode entrenched by the Eurozone crisis. It then reflects upon the penal implications of such changes, focusing on the conceptual links between state–citizen relations, political institutional arrangements, and punishment in Italy. The article argues that Italy will continue to display an alternation of punitiveness and moderation. However, the meaning and contours of both punitiveness and moderation are changing. Punitiveness is likely to be exacerbated as punishment is used to impose cohesion on an ever more fragmented polity. Moderation, far from being a collective good and ‘public philosophy’, is likely to become a narrow, stratified and personalistic good. The article urges us to consider whether austerity may be engendering similar dynamics across other EU polities. </jats:p

Comparing serious violent crime in the United States and England and wales:Why it matters, and how it can be done

This chapter shows how reasonably valid comparative data for violent crime in the United States and England and Wales can be derived. Comparative analysis of violent crime is hampered by a lack of reliable statistics, even between relatively similar countries, with doubts about existing studies suggesting that further comparative data are needed. Violent crime presents particular problems of variation in offense definition and recording practices. However, the data for the United States and England and Wales can be derived for the narrower category of serious violent crime. The chapter shows broadly that the incidence of serious violent crime per capita is between three and seven times as high in the United States as in England and Wales. This parallels the comparative data on homicide; existing comparisons with Canada and New Zealand lend further weight to the claim that levels of serious violence in the United States are distinctively high.</p