![handle is hein.journals/crmlsc6 and id is 1 raw text is: Contemporary Crises, 6 (1982) 1-5 1
Elsevier Scientific Publishing Company, Amsterdam - Printed in The Netherlands
INTRODUCTION TO JUSTICE MODEL DISCUSSION
IAN TAYLOR
In this issue of Contemporary Crises, we are including three articles which
are all taken up, in different ways, with the rise of the so-called justice
model in contemporary political and ideological debates over punishment
and correction. The presence together of these three articles requires a little
explanation.
The article by Paternoster and Bynum was originally submitted to the
journal in a slightly longer form during 1980 and has been delayed by our in-
terest in publishing the piece alongside some new theoretical work on the
justice model which we knew to be emerging. Paternoster and Bynum's pri-
mary concern is to show that the implementation of justice model legal
codes and penal policies in different American states has indeed evidenced a
concern with the coercion of the offender rather than the protection of
offenders' rights, and also that the proclaimed intention of the justice model
in reducing the discretionary powers of executives in the courts and in social
work agencies had not been activated in practice or in the new codes that
have been enacted. They located their explanation of the practical trajec-
tory of the justice model in the theory of .the crisis of hegemony in
capitalist societies developed, via Gramsci, by Stuart Hall and the co-authors
of the study of mugging, law and the State in Britain, Policing the Crisis,
published in 1978. In particular, Paternoster and Bynum are interested in
examining the utility of rhetorics of justice in shifting the American state's
claim to popular legitimation from the terrain of consent to that of
coercion - the ideological field which has now been identified by the late
Nicos Poulantzas as that of authoritarian populism [1]. Paternoster and
Bynum's paper is in this sense an examination of the utility of the Gramscian
analysis of ideology to the American situation, where, inter alia, justice
theorists (from von Hirsch in the center to van den Haag on the right) are
much more numerous and influential than they are in the UK.
The evidence of American developments offered by Paternoster and
Bynum provides an interesting background for the further investigation of
the justice model by Dean Clarke (a development of Dean's earlier article
on this topic in Contemporary Crises, Vol. 2, No. 1) and also for a critical
essay on the particular form of Marxism involved in Dean's ongoing analysis
Carleton University, Ottawa, Canada
0378-1100/82/0000-0000/$02.75 © 1982 Elsevier Scientific Publishing Company](ViewImageLocal?handle=hein.journals/crmlsc6&div=1&collection=&method=preview&ext=.png&size=3)
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