Cultural differences in control: How Thailand's order-centric legal mentality shapes its constraining lower-court practices

Abstract

Studies in comparative penology still lack English writings about penal cultures in non-Anglo-European countries, particularly those that steer their focus away from imprisonment. This article fills this gap by giving accounts of penal control in Thailand and how its criminal justice practices differ from the Western models by which they were inspired. Although quite similar in forms, Thai court routines diverge from the West in the tightness of procedural control over defendants. This is the legacy of a selective importation of Western knowledge in response to Western colonial pressures in the past. With its own version of the rule of law and judicial culture of conformity, order is prioritised and control is emphasised arguably to the detriment of proportionality and due protection of defendants’ rights. Such contrast to the liberal rights-based spirits of the Western-styled rule of law reflects cultural and socio-political differences which influence local adaptations of the Western-originated concepts. Although the propensity for crime control is defensibly prominent in many Western jurisdictions nowadays, this paper explains the Thai divergence in the underpinning legal mentality and intensity of control.