The governance of crime and the negotiation of justice

Barry Vaughan, Shane Kilcommins

Research output: Contribution to journalArticlepeer-review

Abstract

With increasing frequency, criminologists have documented the growth of a culture of control that has ushered in repressive penal policies and diminished people's freedoms. Contra the portrayal offered by these 'criminologies of catastrophe', this article argues that there are several factors within contemporary European societies that militate against authoritarian rule and impel justice towards a negotiated model. European political integration is responsible for advancing a more complex form of justice as powerful supra-national actors are able to articulate their own understanding of the harms that national criminal laws should repel in countries such as Ireland. Societies are also becoming more internally complex as victims are increasingly critical of their exclusion from the criminal justice system and have demanded greater inclusiveness. Penal changes do not necessarily arise from crime being the last common social denominator by which politics can appeal to the people. They may reflect a more complex form of democracy in which various 'counter-democratic' forces challenge the powers of elected governments and justice emerges from a continuous cycle of negotiations.

Original languageEnglish
Pages (from-to)59-75
Number of pages17
JournalCriminology and Criminal Justice
Volume10
Issue number1
DOIs
Publication statusPublished - Feb 2010
Externally publishedYes

Keywords

  • Counter-democracy
  • Environmental harm
  • European Union
  • Governing crime
  • Lisbon Treaty
  • Victims

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