articles LABOR MARKET AND PENAL SANCTION: THOUGHTS ON THE SOCIOLOGY OF CRIMINAL JUSTICE Georg Rusche* Translated by Gerda Dinwiddie ** Editors" Introduction The following Enetsh tanslation of Georg Rusehe's “Arbeitsmarkt und Strafealeng” (1933) appears in print for the first time. Orginalisubmitied asa research proposal to the Frankfurt Institute of Social Reseatch in 1931, Rusche's article laid the foundation for the book, Pacis id Social Structure, which he later ew authured with Otto Kirckheimer. First published in 1939 by Columbia Univessity Press, the book was re-issued in 1968 by Russell, and Russell Company. Punishment an Social Structure continurs to be neglected by American eriminolagists. Barnes and Teeters (New Horizons inv Criminolgs, Prentice-Hall, 1943) and Edwin Sutherland (Vsineiples of Crininaloyy. Sth Fuitin, 1947) are the only two “alder” textbooks that acknowl edge its existence. While Sutherland meroly listed the work fas suggested reading, Harnes and Teeters at least recognise the importance of the book: “ln a stimulating and provora tive work on the subject, Rusche and Kirchheimer have siven us a clear idea of how changing sneial and economic Systems fundamentally altered the ways of thinking and ng ralauion-tactinie an pniimeat™ The only American criminologist to employ tho thesis developed in Punishment and Social Steucture war Thorsten * Georg Rusehe (1900-2) stung law, philosophy econonnies at the socal sefences i Paris, Landon anal several Geran univers ties, graduating from Cl erty in 1924, Te studies at that same univernty aad rept tI these Aheory in. 1929, Followed hy the waiting of "Arbeitemarkt Stravollzng” in" 1931 {yblished in 1993)" Afr Miler rane to bower, Rusehe left Germany: and expeciced years fein rae frum Paris to London, then to Paletinn, antl hark bv London Mitersed int enmp in Great Wittin, Isle was ater leased aud eas a hb nyo Cac oben hi ahi ae Curpedned. Tee felurued to Lavan shoe he temaird, at lest wt Marsh Fb “There sno furteeinfortation om Grong Kaeehe 4° Gorda Dinssdie ic 4 graduate student i German lttatute at the University of Califor Beth 2 (Crime and Social Justice jo, 197 Sellin in Fionceting in Penology (1968) and in hit mat reeent work, Slavery aul the Penal System (1976). See the review essay uf Sellin’s writings hy Greg Shank in this ewe of the journal.) Sellin wos also familiar with Ruscket irboitsmarkt und Strafvoltzug” (see Seltin’s Research Memoranda a Crime inthe Depression, Social Seen Keseatch Canned, Hallotin 27, 1937), Ina review essay af Punishowent ancl Social Structureit Grime und Sovial Justice 9 (Spring-Summer 1978), Dare Melussi points out how Rusehe's eritings in Chapters It through Vl, whick carefully follow the hypothesis bid doen in “Arbestemarkt und Steafeollsug,” were resworked ly uo Kirekheimer, Rusche was lees than erthusitie about what hal been done to his portion of the book For this reason, Crim and Social Justice made the deciie tor print an English translation of how Rusche origialy iewced has plan of research. This English translation is almost 0 faithful reprodae tion from the original German, We have, however, modere ind the language and idioms without fundamently faltering the orginal meaning. [is apparent that Rusche set embarking on a radically new kind of analysis and, thee fore, his vocabulary and categories of analysis are sone times unclear and tentative The stuely of erin and evime control is fruitful eld lor saviologival research, We are dealing with phenomest mined > a large extent by seal hore whieh are farses, Consequently, on the one hand, they pracy impel an explanation derived from social relationshipsom the other hand, they Feud themselves especially well om iMhumination af these relationships that my stifieat vf vllee serial inteteumnertiona x0 ¥ The reason for this and eviveraap, whieh make the invesigy lial ae to hy: the brutality: of thee at estent toreed. aside Suorprisi the possibil have In criminoloic jstice in ar crime contr long way te ‘This (ail researchers problems ar of the seca outside. ‘Thy employ soe derived from are scientifis psychology: Cortainl stimulated insights abvor about the s0 these. stuslie sociological economic thy they imply reality, and system as ete process. The soci dlavfied far economic thy more oF less In this paper prep Althonigh circumstance biological ans theory and F questions, TI at are limited a the penal sys shaped by v phenomena, sufficient 1 eho became Bat, within discovered hy accuracy, He cam bninwiddie ** ‘and in hie most 1 (1976). (See the Shank in this issue w with Rusche’s Sellin’s. Research, 1, Social Science cial Structure in ver 1978), Dario ss in Chapters IT 2 hypothesis laid * were re-worked ‘han enthusiastic on of the book, rade the decision tusehe originally sithful roprodue- owever, modern fundamentally that Rusche was ysis and, there- alysis are some- isa fruitful field sith phenomena xtent by social they. practically clationships; on Silly well to an ason for this ia e the investiga: difficult, are to tality of these necessarily be Surprisingly, research Wa anal oly ania ee wl the possibilities ufferral here, Soeinluival eutsileratinas fave beens inelued estensively inthe esamination at tininologival problems. Hewever, they have nut been sate inti inary wa aecononnic phenniena ait the pebders sf exinue ante tie eonteul are obviows te sue ree is atl hag way or yo from te veo this Fact te aking use of iC in a sstematie aul seivailie Fashion ‘This failure is explained by the fart that, i rsearihers i ree renal the il who devete Uieselves be riminel uot Ganiliae with the fundamental prin seienves, Iiit approach thei more Tren the When thes ples ate se oaside, They tmploy sovinlogival ra se usally jurists at sete ratios in Uhvit wath, deived froin naive experiene ar. at esti these © a scientifically founulea, they eely evehusively un prcholagy Castainly the simulated hy insights abut the invlvidal awd more recent eriinnlags.. petals mg cluamaly ss, ha saab produ rial cannes of erie ane About the sorigpsyehulagical finnetions af painishewent, Eat thee sues Lark foundlatin in the tssie priueiples of swilogical Kainwlede. ‘They are oan theory. wor age they historivalls oriented. Rather ey imply a fived sei struetuire whieh rally, and they unconsvinails eho gate as eternal and untaneins tesize the swriat cathre thats as historical ers ‘The savial function of erin aml criminal justi ea be Abed Har ey cul previonts reseaneh, if single viene feonomnie thengy age siseal atl one hues mot prosapypine slate and ahistorieal steno hie elation Inthis paper, sone Basi foro le leas ar eesratl aay thes: His 1. anil seed ia rile proysoeat an iets Abhi highly csp cumstances influcice the ills field vf erin tilogval andl poyeholsical snp ti petions seonomnic. anil historical cosulitionts a ove a total explanation, These farees al asst alte teternine the ohjeot af sane investigations and By thetnel se linited and inewnple sample share ae and historical observation ean clarify The depenteney af crime anid crime eonteal on Sct in several ways. Fes the penal system ani the ritual of erianinal p shaped by varios forees, inching reli sPevomena. Similady, our method of inset alfcient (a explain thir specific fate of a sing ho becomes a eriminal and bis partiewlar ji Bat, within these Hints certain aiechanisns ean he Greovered by eeaomicchistorical analysis with sulivient He can be said without conteadiction that e¢imes are sete which, are Forbidden iat society, Deloabos ah seal vent will nat be ale stall dlisowss whether the goal of punishinent is reteibution Asterronce ue eefornt of he criminal. Daw thing, though, i fain: ny soviely wants its penal system U0 incite dhe nimision of eins. In other sords, punishment fas tc Aituted in seh a way that these people whe appear to be criminally inclined or inelined bo eo tuniesirable to the society nit acts that are are al least not encouraged to de 1 of heing discovered and punished. On le contrary. iis even Taped that the prospect of punish neat will deter if tall raubers of this ease, then at Feast at sinistan tial prt Ay the pro Inurl, the anticipation of future suffering awl paintil reprisal, aehiel by far excerd the possi lhl be ren, plesnsrable gain for any: rational Now exporiener teaches as that must evimes ae an elfeetive counterbalance maitted by meaibers of tase strata whe are burdened ong sail pressures andl wher are relatively disadvan: “Vin satisfving their needs when compared to ather es. Therefore, penal sunetion, iff isest ty be counter productige, mst be constituted in such a way that the hisses whieh ate most criminally inclined prefer to abstain Tram the forbidden sets than beeawe vietims of eriminal we could argue that such a prapesition does vise af honor riey aswviatert with prunishanent, Indeed, ity at the social structure does in no way depend tants a the ste whieh are twat salfieitly eonsider Ube impact of the Iv af external measures af coercion continuation of jurity af people has to be psyehically sinppesed ter guarantee the The at willing to aerummodate tothe existing socie soviet atm to regard Me slate as Uheie state, the faw as theie law. Bit, aeording river, Mite ate ¢ sul ideatiieations break doa, = for whom this adjustment Criminality. rertainly chases. Hut disregarding persons foe whoan social inhibitions see withunl effet, or a fowPrimes which are not affected wevuirs throughout all social yo el u ily. work of the erintinal courts are digeeted almost exclusively against thon prople whose lass background, poverty, neglected en tur demoralization slrove is rarely maintained anymore Lauder «ir political andl related ational trials, then it anid the al porta, tel sue inated canes ol sen ines elear that the eeimnal stint hem to erime, TL telay- hat the individual sluwe is eesponsille for his evime, On the other han, not evershandy eee criminal even under the Thus, Une range of possibilities arly: beeomes easiest vial pressure festeaids frat lave 1, people iv a weetehed environment ts confirmed eximinals in a bonrgeois milien. Indeed, the onsen af resist ice ran be alnurially law a the induce ment overly high in an individual case. AU any rate, am tremely high eaparity for resistance is expected of the ower strata, af whom Linge masses are regularly deprived of Ui fivelihood hy hang, severe winters, inflation and erises, sal he spiritually aul ph i the path of eine, Hf the ally seeakest are thrown inte wnal savtions are supposed to deter strata fom crime in an elfoetive manner, they must appear even seutse than the seats’ present living conditions Fall Winter 1978 3One can also formulate this propesition as follow ll efforts to reform the punishment wf erininas age nw itably Tinsited bythe situation of the ally significant proleta acts, AI re in elase which society wants deter fram eeininal orm efforts, hewever Iuusnitarian aad wl: wey ond this teste tion ae Te penal reforms sald 1 att, the Ueterinrat meaning, which attempt to 2 condemned to demanited by publie opinion and care wool have to le fof prison conditions. For. gramine improvement athe conditions af imprisonment bes satel this Hinit wohl eter such barge oaps of pe quence, the purpose of punishment wild he dlesteos George Bernard Shave one sail When we get dessn ter the oppressed af our polation we fil the con poorest and ns OF thei fife so weetelea hat it wl leap to conduct a prison humanely without skin Tot of the erin amore eligi th that af many free citizens. IP the risen does sat ndethi the slain inv human misery, the slum will empty. and Ue prison ill tl, m 2 Naturally nition will it shuld at be ain assumed hat this iy fesaetly repli society inv the manner in whiel it hats bert ey presse IC is only: a principle of investigation, a guide te 3 tHe subject matter, We sill thew find that th peculiar and unpresietale events, alten st Alilferent in comnepti nach biter ined and qe which determine the enurse of eval ie Have want ter make conerete the propesition that ial he effective penal sanctions mst deter the lower which are te most eriainally inlined. we must laity what economic eategurins seteemine the fate of thes First easy tor retlize that the lasses, IL is sot A factory within a prison 4 [Crime and Social Justice Hie labor poawer and that, therefore. the kar matket is The situation of the working i ailforeat iv au evens inv which a large reser ing proletariat follavws the employers and the rnin, that in an eeanonny in whieh workers ar seater, Thar example sbete free Hand ix available and therefore wt livin ‘cach job opportunity offered down tot I) is faved Haron dependent labor, aie the emiplaets vennpete for the few available workes aid dee Naturally tune quivinrally de the srareity or surplis af workers does not mine the ustuee of the Tabor marke Puditival interventions ean evreret the fluctuation of sappy av demand, Whar there is a Lack of woehers, For instar, ayers ean Ury to eumpensate fur the lack of eo Ty im jain slavery oe ther forms of es ur taking When there is¢ the tnions ean protect wages from Falling by ssithhaliing the supply of labor, or the state ex slo ou theogh seeinpalitieal wastes, particularly payment ff aid bo the unemployed. Depending an ahieh of the i by setts asin w simile se raining to labor ta sairphis al worker, sitsutions prevails, the erianinal justice apparatus will hae iitfvtent tasks T nempley admis wha tend to commit erimes of Hespeeation beranse of hunger aul epeivation, wil only te Stopped from dais so dhrouale cruel penalties, The mest eltvetive penal poliey seems to be severe corporal pansy iment, iP not ruthless ester on. tn China, where thee a linge serve army af wretehd ane starving proletariat swhicls pore inte the eities an is reed to sell labor fr avs priv (iL it ean ial work at al) Farge gangs of mere alway Galiting one anther, Under these coal szivew fora woul make prion ai entivemivnt, wat a deterzrnt, Prison sentences, therefor, asserted itself and sn inulesevibuble eruelty. “Every socially thinking tn China, tions the mere Gael a bein fonly exist where Eurapean iaflarsee h they writes Agnes Stele iat repel, “Prisons in China," roecives a exteemely sa Aepeessiag impression ashi he ast see how lowly an turdinary Inaian file weighs. This disregard lccones pater larly clear shen one realizes that eriminaly of any kind, 1 Iiing shot, hanged ar beheaded, ons arouse hardly: mote than Meeting voles are eaglit ail that these eee lava sninty i which workers atesearce, penal sanction: Jove a completely iifferrat fanetion, They da not have ta nentary needs Ih wanits tr work eat find work, if the lowet 1 assilled ws hem punishment is reqicel to make tsuth, and to beael other criminal that Uy have to evantent themselves with the in toys Inaasey masses Feom satisfying ery bol hs ers uot of wretched ome af an hones iworher, Hee anne whew workers are searee, the wages ll Foe high, Huet thew a sill be profitable te lock up erin saul Int thea woth for feval any. since the eosts of guardig find entpvement will still be less thaw than the nor wise. Hierctone, heer i inal sieties in which wore are saree at the extermin labor ig vale ment, and | punishment This eco developed be hey to under wrong, howe: Importan Jaw cannot be That our erin nt origins speak, a proj the political insignificant peesentulay t be comprehe system only historical over incomprelens that our ecor historical ana been done s0 itie practiced positivist juris kistoricall ‘The histo of the alleged tions.” This th 48 Disraeli cal and the poor, which legal hi than help au tise above the of interest in ‘utiosities, wi significant, be traditional are appear impor however, are i with reports a rewspapers bu the masses. Often, lew amalysis of si pot the develo cruelty to the legal systen j overlook that now regressive rather generouor market is the working large reserve aployers and vei down toa nd therefore audent labor, ale workers cers does not abor marke ‘on of supply for instance, lack of her forms of ‘or taking wn there is 3 wages. from the state ean, arly payment sich of these tus will have sit crimes of will only be ‘s. The most voral punish where there 1g proletariat its labor for vgs of meree- these condi make prison 2s, therefore, ced itself, and ally thinking iimedley in a tremely sad, ww lowly an mes partieu- of any kind, than fleeting nal sanctions not have to ry needs. If if the lowest of wretehied iced to make sls that they af an honest ve wages will up eriminals s of guarding the normal viel worke ae scare a tenideney away from eneporal punicanent anid Whore the erin he extortion af th kris vishal eat, and fy plitation is prefereed ta eapital pn Tabor is the corresponsting mode ul aisianent Wv This reonamie theory of punishineat whey has beet aselopead vee ita bral cuttin serti tis ie ts Lo th ey to unulerstanding the eriewinal laws. Ee woul be quite rong, hwwrver, ts apply it to the present in exactly the ane way: as it has Important peesliarities in the comtemporary criesinal bv cannot be explsinea without a historieal framewoth Tat our criminal law evints i is presenta firs is a pat extent comprehensbl its origins ancl development, Us present feat is, se ta peak, a projection sf the past. In spite of Muctinations i ie political eromomy, the criminal Laws bas not usted wren eae presented her significant and, thomgh peentilay tasks, it exerts [3 Be comprehended if ane tries te understand the posal ye only from the viewpoint of tuay. Without a ratinally explain an Hfeete, Thin ran itorical averview, it i innpunsile That means. however, lesaented by a torical analysis without whieh the present system af his work’ Mae sl hen done sev fur hy legal historians. ‘The history of have comprehensible state of affairs tat our economic dheery has te be snp ine control is incomprehensible Ais practiced at the monent, is Far tows mel a brawl af otvist juris liorically ‘he history of the ps anlonice to be eapable of analyzing it sue he age oeyendeat tata sa eticat cated tet at coe el ip, The eat fof sora wal we ont hinder more aften explanation. Nas when jun ee above the jurist orizan, they often teat thei abjert sf interest in the manner of a meticulous rollector of aiosties, without auy ctiteria for the selevtion of gifiant, becanse they ilo not quest ditional archives. Wnt historians rorurd things sshiely pear important and reasarkulle to them, chile se linever, are interested in dayetivalay events, tis the same ith reports abet sensational legal eases while fill all the awspapiers bit ell um little aliout the ae tal criminality of iv te legitimary af he masse Often, alysis of social laws, hut bs an evolutionary J the develupnnvast wf lel ination al historians are guided nat by an anpeejiicend tina fren barbaric auelty to the hin itariauiom af he evlatively perlert pl aystem whiele we slay They suave hatin suppersedlly enjoy terlook that we are dealing with a very bs tow regressive eaumveaient, Aecardingly. they are afte as which cwsnlien thei ier gencrans with praise for th Cloth label for Hamitton Mfg, Cow Lowell, Mass. ca, 1860 ane time seathi a eugridare which does not always promute the undeestanding’ot facts Therefore, the task haw been te at relationshipe Ieetwern erinsinal lave teary anil at the Inout those centuries which she nat 6 inte it y_ the historical ‘and economies, the nud to tilize these intergelation: AL this point finky a short averview af the resilts af this researel ean be sue a of this class sr tanaly 4° the present prison system necessary to op v. lav the history annther, They: sitte Fines are pract early Middle Iya system £ yuanishn ant, there epochs succeed one characterized hy the prevalence af quite AU methods of punishment’ penance and monetary ally the only form of punishment in the wes they are replace in the Late Midalle Ay eucl eveparal punishment and death sen Cres, whieh in tur atake way. for prison semtemees in the Vth vent tihases in the history of penulagy with changes in sorial history, one finds 15. IE ane compares th ilieval system of fines and penanee eorre- Fall Winter 1978) 5sponded te the uveds of a thinky populated. po omy. The 4 strong soci sibility of settling on free laud hinulored aes presses an the Bower ebesrs gad le ti relatively even disteibution af society's wealth, This, ther were few crimes For @ farmer wold val inst property hardly take thing from his neighbor sshiel he produce himself at a mnueh le reat in ps eh What ld to crimes wore eather the primitive stirrings of sexuality and hatrel fear of private even A coal deterrent at this tine sar te In ander prevent this sitvation from degenerating inti, blew esule and anarchy, society strove for arcommeation. Crime wa r of the reconciliation of the enemies by reewgnized pines rather than erime eunteal as ae know it tonlay In the later Midhlle \ges, the sitnation han pletely. If, until then, a» Selimoller say, Jn demand than property, now there is a growth i population, the land is settled and a ceowdins of the available living space cess, A separation of elisses inte Ing dhe injured party led asa form of war and th rich and poor begins: proprrtylese wurkers drive and, for the first tine a uasieapitaistie ne fevolls,euliinating in ill The nature of criminality is cant wars are the gesull 4 capt inerease in property erinies aeeues andl horde of he thieves and rob resis Ac a result Thal to be completely altered, Hin the opheee at action of erininal justic the Midille Aj ment, now the trait contlived its setulae fines were referred see eval pail al sgatenn of monetary fines had esi these crinnnals hid ie possessions sith sehieh they could pus tional tnethads were rep tnutilation and Killing, at first still eesteraable th money, later the protection against the criminality af th of have-nots, ‘The vislanrnt asf ated gathering crv sufficient to visualize the justien of tht time, which plunged vagabonuts int Dhandlits and muarderers anil enaledd sith the estormisustion af the jobless proletariat ‘Around 1600, the vorlitions of the labor market sin changed fanuamentally as a result of the expansion of trade and new markets, the influx of precious metals fram the New Wold and plagues, espevially the Uhinty Years” War and its devin The sappy: of labor hecaie seareet ane wits tion of the population. A period of nativralle diurtage ot workers nceurted: workers! wales r liv vcanse valuable oF the lowest el their labor parser at any oy al contractors receded aud the” replaced economic incentive eteenined by this elf sn of mercantilisnn emerge, Fram this peespwetive. it easy to interpret the well-hnosst fat that stil then i had heen easy. to elle ficient siatlen paganda drum,” Tor jobless protean 6 (Crime and Social Justice ramped top srved as tor parpost fron Had to work 2ain, oF (re The diseiplin rent effeet of The inte apparent rele arouse fear © people sho hardly a yee ney and hel and distracte Only in forw corfioral pun science of U confinement the penitent In Amer Europe beeat than during development Marking in a US. prison Uler in eros wheter they saw a posi {tow they had to be AL with Carve anul trirkery Iveause they eould find I tht int srareity of workers, where everybodys it wot be an eranomically “easels” ninals, Confinericat to prion fining theie esistenre. Hl ore fiworable conditions outside the military Fale te valoabte rely te he Lakes aver thie immigration « useful eoulel upward mobi The lowest reeent in ‘of veqporal punishinent and death rintenwes, “Wumtanitarianisi” reptacrs cruelty: where vu pis stand, This hum Larunisn sas alsolitely praitable: “What good isa Ui fof 50- Gulden, either fe leit roan, shew he con ea assistance for and weak, an was enongh punishment ‘lin, prison hose tate el ht in ene sear ib works? ake that tine, 1) Bechee sestem af punishment lost i ‘lation, the replacement of Hoe weaker by the nravline at the tues of the th century, This “Toumanitarian lutty slo the: Indust sain education int removed the searety of workers, snd the indastral reve J workers. Cor sank ino Tale market, aad srury rani inter existence, The lawer eli surprising ga uindethid rach ther on the indeterminate parole, sepa olfeniers all organizations of erime an ’ lost Uleie meaning. Prisons were no Thaiser peotitable. Wheat wages wore High they hal brought rs vedntaridy offered ce aber it was no longer worth ito cone fap with the cost for confinement and sapervision. The " sapherps of the building ated the iplsery iets fore a aninienu sistem provention, Only whe when the pre wera af prisoners Tabor were nit even sufficient forth sintenance of Ue gus aul prisoners, Thy fon the labor + Uwe Mishlle Ves, the eriminality of the pamperiand mases saul th penitentiary 9 forsale im towen ways agi, a in subsided, whe disappear, 5 helpless aul, considerably ingly folloswen developent, isomers in th e longer terraréce them. Some anlvowated the return tev wiedieval metho of punishes Hsearah it was deananded Lal rasnigh, tid ro mateiie Incest hae saeneel humanitarian ideals hindered it snl " sin kept dhe ling elas from exerstrainingan alreany avvslitisavary situation with such « I scarcity ul secept any onal yaishineat romaine a Del sjite different eye bat wer ron previous sd Isto by necessity to changing Torerad labor, penitentiases beesan ssvitshle to aletee even the mast ‘were insufiviently vfethe and wee fa themselves wi iin Maes a quire trtir urgent deman wretehed, Prisoners foreigners,saw a possibility they had to be they eould find nilitary. In this here everybody's wally “senseless” tement to prison nent and death nelly; wherever va. his human gooll is a thief, lien, either for hhen he ean earn house?” asks a J.J. Becher.5 isinment Lost replacement of ve 18th century, huustrial reserve lasses sank into ‘or market, and Prisons were no hhey had brought fered their labor vorth it to come supervision. The ufficient for the ce of the guards ays: again, as in uuperized masses zed them, Some ‘of punishinent, Tnot materialize vindered it and ven provocation, 1a previous and sity Wo changing nities heeame even the most dotled and were reps Fro vane iar ter anteater byte prisaniers toes lad wo work wasterpiamnps whieh Tet the water Maw Iie gin, or tevalaills which were 1 ie discipline oF this routine was reeaturced by the deter jatflect af beating The intrenluction wf solitary ewafinement was suits an gparent eeformn, HU tows wats a prnitive shaiew whieh vole Pauase Fear eva inthe hngey amd et ae a lotorrent hoe pople eles eid st Kae fe there is hilly & greater tarment thaw the feeling of total depea cy ana help a distract Only in focmn lid he fale af eleteerear differ trom to eaporal younishineante af the Middle ys ziner af the refermices ead afinemert thes eval see ie pn i Ametiva, punishineut develaped ifferewtts than in wwuther free Laud and instead fclopmnent ereated vacuum inthe Labor atathe ts hieh ve teast Fa ible fr Me eked A wuathers, Publ swede, Fat the sick tunable tr wrk, private philaatleenps Hemmer af erin tut tartiee, at the earn since Lape bevinse thes wae a gtealer senna ica during anereantilisn, “Ths anigration cant sot ill, Every bunks. wher ful could fined work, wases were high. of ability. weer wot he A tos ans eal wand Te Lowest sovially ing rent immigrants wor the uative + stance for the wneuaple ee was ad weak, ae the wae a tad tl sul take this inte aceont, \ tis be ishanent ion, ery peafitable places af pela tiv isk wae ts teaestora imi ire ducati inte use mera eckers. Consequently, eelormers were able ta aysing ine education, Warning vf hills, ti ziew determinate sentencing, conditional jardin, prbation pole, separate teeatnient wo juvenile delinuvats anol ft leaders all haa thie starting quaint here, A sanizationts investigates the insliv ital sad ferme and vaeth a vain eention, Only sehen the situation inmprosed sunset vee een thee peessire ol thie navy eal shied add eich the fabuor usehet since the nstustrial He vsti ide chew wie seat & permanent pete appeared, whe avcial wellare I the dpe: ana, tberetiee, the rate af ianiality went ds esierally t= te: Nein et ove atl hess i fallowral, maar yeh ia lope. of of ener ithe pied I beth pt any Labor fore, provioled that they cuntented emselves with satficivntty bow waes, Thus, there wae an egal demand for se v Alter the wae, when there wis ironic unemployment, ules ot the were mest altered wa Wars and the 1 be oe market in the countries which vided by aniemploy ment assistane. anlael of Fiviny ail not sink as love as they ated eeonuny. Even those who roped out of the production process were axsined uf satistving their most inuediate wevels and, generally HHiey aie not need te bere erianats, Consequently the foenal vsteat sts saved feo the task, whieh it had de Jporlor sexta tines in its bi containing erininals 1 sion prison wen the Ip of fowl wot be intinicating,| aeding the short perio of inflation. eriminality sil wot gine above its prewar level; it sovedl antl eccenthy a sbevlining tenutency. AS a nal eelurats whieh begat evens befire the war il 1 have to be sivens mp Buel were partially. eon Fawuea, given the favorable politi elimate hi etfirt. whick was carried vat in the list few yeuns with vonsiderable public partivigation, shill wot he diseased \s far as the sseevideatly ane os many corteet resis ley Germans. the elise whieh is the most eriminally indangeted is the naraupdiayed an elie, particularly yon sinales whe hep. hase on their relief alae and at the 1 Mark per week (or all sides thin els, the Uheie ivy exists a xroup of esq for to a yreat extent Hw effectiveness aff aie very. Innane welfare laws is ander gratis eceated for Uvie valination, \ part ol the welfare faye iy Germany demands a high degree wh tinea Bey they ft persed isd from the affictal Gan that the asdwinistration is cutting hack personel, tblichiny sil and ashing for the eva sal authority. the justification? at sil in eael ease ssenbel bs a siyple seville itioner. Any way, ring the estecwely Hinitest bucket a lie welfare, eagle ae ul 1 ist Garam Gansta derision i any ase fetiuse a ine sali, Therefore irony mutives The lass of the unaided spies the bezzars, vagabond, sllers, prostitutes, pips aul those wh lassen the fr eoceasinnal work a any biti guests of the hostels aul other wise wvithout shelter. desperately moe fing te our heuristic masinn, we shoul assume teat inv the interest of deterring the au a bell whiek thes would wot vuluntarily exehange 1 their Hing lasses, runishaent ion of sitivats. Laat util sats, the sais mentary veal fowl and ywarnitl dees at seca te have loon denied the prisoners Lier mach, On the eontrary they rervive “appropriate neariiment,” which perhaps, son even compare favorably with the wuteition of the neimplis rd (the privet fowl i Uae prisons is about 70 Fall Winter 19781 7Reichsmark per day). The degradation. the aneanin ‘of penal labor, the prison discipline with its enforce ardee the exclusion of all normal sexual activity, as well as the hostility of the overworked yoeds- in shwet the de rivatvn of Freedom appears ts hw elfeetiv ing to the scandalous trials af the last fev years, a similar far. Never state of affairs must be 1 ur ealueations iv jeuile reformatories. Naturally, the furces whic brinus alwout this state of affairs are any thing else dan consents intent There is, howerre, an esteauedinary confiriation ol the proposition expressed here: the dramatic brrahdiwn a ates today, the high fevel of uneanplay vent is nit abled by SIumane™ punishment in America, Inthe United the welfare system, Consequently, there isan unimaginable rise in crime, an unimaginable brutality aif repression. breakdown of all Inmanitarian reforms, the wseeerosd fof the prisons, hw Wo these praitentiary eevilts, these est which fora tinesharked world opinion.” 1. filth, joblessiess, hupe less despair, leadi Ibeeuks of adn So far, the teeatinent af prisoners iv Geriaany thin sume, is nevertheless ml harsh ax in Amveriva, Mut our busanitarianiony is arly effective enough to Bit punishment ait al the splice of that fatal depen pretnise nein sshicl we based oe theoretical 8 [Crime and Social Justice 1 See the Ferward Sidney. ane atti Weld, Engi rons ine ampli olf Krenn, Bifiong b th Penal), Heddle, 191, roc Cat the psoner Is Big he caer tt 8, Pravhfurter Zeatung, September 15. EP, Vathawirtarhaftletice (Principles of Conneal Eran), Veane Letra, 101. 3 Fodnann Pachion Hevkrs: Pati tor Discuss mere er Stal, Linder wed Rep Of the “tual Cases of the Rie nd Full of Cates, Canntrion and Repulien,Frantrt, 108.215 lan (Potted Piscnrs fehl wot be driven int joining th ive welfare: bal ever thet enon of hm orp Unie hss hoon tel ihe the in suitable manner, thse va ith the puter heesuse of previously commited ae iaeays Teun juvenile rtormorie, ‘Lurhuhvervvelten enter Sonali” minty. Reval thes"). Frankfurter Zeiten Over thy aimed evi criminal sen the notion tt and the pro social contee criminal sau distance bet control. Th beliefs abou theoretical 1951, 1967 Quinney, 1 Quinney, 19 In partic formal prop eonfliet para tions: ‘The: | likely to rev upperclass « sanctions ari imposed on and Seidmar Chamblise-Se Recent « conflict para (agan, 1974 skeptical rea For example research” and Waldo, I process... kinds of data an Jankow studying oust round Heogras veitings in Wes Besta