The Civilizing Process and the Janus-Face of Modern Punishment

Abstract

The worth of Norbert Elias's theory of a `civilizing process' when applied to the study of changing forms of punishment is being increasingly recognized. His work seems to offer a more credible explanation for changes in punishment than previous theories; structural changes can be linked with shifts in people's sensibilities, answering the crucial question as to why people would opt for a less physically brutal punishment, without falling into `Whiggish' history. However, Elias's theory cannot fully incorporate the ambivalence of modern punishment because it sees the `civilizing process' as being incompatible with `decivilizing' trends. Utilizing his discussion of feudalization, the conditions and features of decivilized punishment are highlighted and modern penal practices are to assess whether they embody a `decivilizing process'.