Punishment, legitimate policies and values: Penal moderation, dignity and human rights

Abstract

Twenty years ago, we described how changing prison populations in western countries result from a complex interaction between criminality, external (demography, economy), internal (criminal justice policies) and intermediate factors (public opinion, politics and media). While the outcome of these interactions is contingent, we advocated a reductionist penal policy in order to curb penal inflation. Subsequent macro-sociological analyses and comparative penological studies raised important questions though concerning the possibilities for political action to influence levels of punitiveness. This article looks again into the scope for political decision making in fostering penal moderation in western countries. By elaborating on a relational concept of ‘legitimacy’ of policies, we argue that moderate penal policies can politically be legitimized through appeal to dignity and human rights as fundamental values.