Friday, 21 November 2008

SOCIOLOGY AND CRIMINOLOGY SOCIETY

The next meeting
is on
Tuesday 25th November
in room
CBA1.078/079,
between
1pm and 2pm.

Anyone studying Sociology, Criminology or both at Keele is welcome to attend

This week we will discuss criminal punishments:


· Community Punishments: How effective are the punishments of tagging and ASBOs?

· Prison Sentences: Does prison prevent or encourage further crimes to be committed?


· Is it justified that criminals who reflect good behaviour within prison be allowed to have their sentence reduced?

· Is the shortening of criminal sentences more justifiable in some cases more than others? For example, do you think that both convicted murders and thieves equally deserve to have their sentence revoked if both criminals show the same amount of good behaviour while within the confines of a prison?


· Finally, is it fair to punish every criminal in the same way? For example, would giving a parking or speeding fine to a person in a lower socio-economic class have the same consequences as giving a fine to a person within a higher socio-economic class? Should penalties distinguish between class variances and punish accordingly?

Thursday, 20 November 2008

Should there be a limit to our faith in limits?

By Dr Helen Wells

Proposals announced by the government today suggest that drivers caught driving at twice the speed limit could receive an automatic driving ban. There are also, however, discussions about whether or not ‘minor speeders’ caught just over the speed limit should receive less points than they do currently – two points instead of three. In the same consultation, the government is also keen to explore the idea that formal ‘drug-drive’ limits should be established to try to help curb the increasing numbers of people killed or seriously injured in crashes where drugs were felt to be a contributing factor.

As expected, the usual pressure and interest groups have spoken out in favour of, or against the proposals, rehearsing the usual arguments about unfairly taxing respectable drivers or, on the other hand, accusing the government of trivialising smaller infringements of the limit.

What strikes me about these proposals, and suggestions that we could soon see ‘drugs breathalysers’ to make prosecutions for drug driving easier, is that they continue to place a great deal of faith in the notion of 'the limit' – as though it had some inherent quality that meant it represented an accurate assessment of the relative levels of danger caused in any particular driving situation.

This faith is demonstrated by campaigns like ‘it’s 30 for a reason’ and the dramatic TV advert where a little girl gets killed by a car travelling at 35mph and then ‘only’ very seriously injured by a car travelling at the 30mph . One wonders if it would not be better to advise motorists that, in such situations, they should drive at whatever speed means that they would not hit the child in the first place – not that 30 is some magic number that, if we all stick to it, means we are inevitably driving ‘safely’. The advert would seem to suggest that 30mph was, in fact, too fast in the circumstances, and that ‘the reason’ ‘it’ is ‘30’ is that it’s technically and administratively far more convenient than if we operated some contextualised, ‘common sense’ interpretation of risky driving practices.

The idea that 29mph is unquestionably safe, while 31mph is inevitably dangerous surely seems somewhat oversimplistic to any driver who has driven past a school gate at 3.15 pm and past the same gate again at 3.15 am.

But the limit is a crucial aspect of the use of ‘techno-fixes’ like the speed camera, and also the any kind of ‘drug-ometer’ as has been suggested today. The speed camera relies upon complex situations being converted into simple dichotomies of safe/unsafe behaviour in order to be able to function and therein, I think, lies the source of a lot of drivers problems with them.

Similarly, a drug-ometer, like an alcohol breathalyser will, presumably, have to operate on some notion of ‘safe’ and ‘dangerous’ levels of drugs, and to do so it will have to ignore issues such as the age, weight, build, health, and previous exposure/using history of the person being tested. Inevitably, as with drink-driving, some people under ‘the limit’ will be a danger to themselves and others while, theoretically, some people over ‘the limit’ could be driving safely. Hence the calls that resurface periodically for a zero-limit for alcohol while driving – a limit that many people chose to self-impose for the very reason that they know that they react differently at different times to different amounts of alcohol.

The Association of Chief Police Officers Head of Roads Policing once suggested to me that the ideal Police tool for tackling road safety problems was an ‘impairmentometer’. This tool, he enthused, would be able to measure not just alcohol, but drug levels, tiredness, eyesight problems, and seemingly limitless (excuse the pun) other potential causes of road crashes.

While such techno-fixes and gadgets are no doubt appealing on ‘efficiency’ and ‘economy’ grounds, being more reliable and cheaper than a human tasked with doing the same job, I would query how we judge their ‘effectiveness’. In reconceptualising the problem to render it ‘techno-fixable’, as we seem to do every time we enforce a limit out of context, are we actually still tackling the problem we set out to tackle? We could wait to find out whether we cut road deaths – or not. Or we could be a bit more canny in designing our interventions to make sure that the tools we have for dealing with the problems on our roads don’t neglect reality for the sake of simplicity.

You can read more about techno-fixing road safety problems here.

Monday, 17 November 2008

On the Perversity of Human Violence

By Dr Mark Featherstone

In response to Professor Stenning’s commentary on the natural origins of human violence, I think we must consider the history of theories on the subject and differentiate between human and animal aggression. On the subject of the parental killing of offspring, we must recognise that no animal kills its own, since it is not possible to talk about murder in the natural world because the idea of murder is a human construct, without natural purpose related to scarcity of food, territorial disputes and so on. On the other hand, as various writers from Freud onwards have shown, humans murder and torture each other for no natural, or rational purpose for that matter, because of psychological perversions caused when nature meets culture in human form.

On that basis, I would suggest that there is very little that is natural about human violence, which is entirely different to similar behaviours found in the natural world, because human aggression is filtered through culture and civilization. For Freud, especially, this combination of nature and culture made humans the most savage creatures on the planet. Given that they are capable of reason, and have lifted themselves above the natural world, human violence always entails some kind of fall, hence the legal category of murder. This propensity to fall from the heights of civilization, which makes people comparable to Gods, is precisely what makes them behave like Devils, in ways that no other animal ever could, simply because no other animal could ever conceive of the kinds of prolonged, sustained, forms of violence and torture that characterise properly human forms of violence.

There is, of course, another form of human violence which is entirely related to explosions of unconscious, pre-rational, aggression, but I do not think that the form of violence suffered by Baby P could be placed in that category. I think that what makes the case of Baby P truly unbearable is that he was the victim of the kind of perverse human violence, which led people to invent ideas of demons and devils in the first place, rather than the kind of natural violence, which is part of the metabolism of nature, which is defined by laws such as ‘survival of the fittest’, ‘eat or be eaten’, and so on.

We now know that one of the main perpetrators of the horrendous violence against Baby P was obsessed with Nazi symbolism. This confirmed my view of the case, which was that Baby P was the victim of terrible, human, violence, since it perfectly coincided with Zygmunt Bauman’s view that Nazism represents the embodiment of human savagery, which combines nature and culture in a new perverse form. Given this position, I doubt it is simply coincidental that one of the men who caused the death of Baby P was interested in Nazism, but more likely that his own psychopathological condition was somehow reflected in the monstrous evil represented by Nazi political iconography and that he was attracted to such symbolism for this reason. For these reasons, I would reject the realist claim that there is something natural about child killings, such as that of Baby P, because I think that the danger of such a position is that it explains such events too easily and makes them seem somehow inevitable, in the way that one would recognise the natural inevitability of a male lion killing a group of cubs in order to become the alpha male of a pride for instance.

Instead, I would argue that we need to enculture instances of horrendous human violence, such as the case of Baby P, regarding them as products of socially constructed individual perversions, in order that we can think them through and try to resolve them. From this point of view, then, I would resist the claim that is not completely natural, or pre-rational, to nurture and care for one’s own children, even though this biological imperative may be strained in the natural world, but instead say that it is human culture, and human civilization, which has introduced the kinds of inconceivable violence that are unknown in the natural world, by simultaneously transforming people into Gods and Devils. It is against the perverse potential of this world, the human-built world, that I think we must oppose the natural ethic to nurture children, rather than say that in order to prevent more cases like Baby P we must further rationalise, or humanise, the base savagery of the nature in people. This latter view suggests that the death of Baby P was an example of primitive, regressive, behaviour on the part of those who caused his death. I do not think there is anything primitive or regressive about torture because animals tend not to torture each other.

Despite all of this theoretical explanation, what escapes me about the Baby P case is how anybody could torture and torment a 17 month old child. In the natural world the imperative to nurture one’s child, which is essential to ensure the survival of the species, may well be hampered by natural conditions that cause the parent to kill its offspring, but this is not a problem most people living in rich western nations must confront. Given that one cannot really explain such violence on the basis of natural, environmental, pressures, is it then possible to explain such horrendous episodes through human rationality? I doubt this is feasible because nobody could consider the prolonged torture of a young child rational. If this is, in fact the case, and both nature and reason fail to explain such episodes, what are we left with apart from the unholy fusion of nature and culture in the kinds of violent perversions psychoanalysts explore? Even though I think that this is the case, and that examples of horrendous crimes, such as the killing of Baby P, are the result of perversions of the human condition caught somewhere between nature and culture, this does not mean that I, or anybody else, can understand such events. We may well be able to conceptualise such violence, through psychoanalytic, psycho-sexual, ideas such as sadism and necrophilia, and sociological notions, such as socialisation and the cycle of abuse, but it is not easy to understand them from the outside, precisely because I think that they run counter to the normal, natural, tendency of parents to nurture their own children.

Thursday, 13 November 2008

Baby P: a response to Mark Featherstone's blog entry

By Professor Philip Stenning

I have a suspicion that Mark Featherstone's (and perhaps Levinas') underlying assumption (that a parent "naturally" puts his or her child first) may be incorrect. In the animal world, parental killing of offspring at or soon after birth is not uncommon. So if such protection of offspring is not "natural" for animals, it's not easy to see why it should necessarily be "natural" for humans. And of course, we know that infanticide (defined in law as the killing of a child by its mother who is lactating) is not uncommon among humans. It is also an established fact that those who are at greatest risk of homicide are children under 5 years of age, and that parents or step-parents are frequently the perpetrators.

Of course, if we assume that "putting one's child first" is "natural" (rather than just normal) human behaviour, any parent who kills or inflicts such extreme violence on their child must by definition be acting "unnaturally", and this allows us to characterise them as "not human" or as a "monster" or "devil", and to conclude (as you seem to) that such killing is not humanly understandable or explicable.

But if we resist this kind of thinking, and accept that killing of one's child is not "unnatural" in this sense, trying to understand or explain such a killing becomes a matter of trying to understand /explain why the parent has departed from such an established social/ethical norm. This opens up all kinds of possible explanations, such as extreme intoxication, mental illness, delusion or hallucination (there's a famous English case in which a father put his baby on the fire under the delusion that it was a log), supposed divine instruction (there have been many cases - and not just in the Old Testament - in which parents have claimed that God told them to kill their children), or some failure of socialisation against violence (e.g. if the parent was a victim of such extreme violence as a child).

Of course, every right-minded person will be horrified by the circumstances of Baby P's death, and no decent person could accept or excuse the prolonged torture and killing of such a helpless baby. But I think that characterising such behaviour as "unnatural" may not be helpful as far as seeking possible explanations for it, which may in turn help us to prevent similar cases from occurring in the future.