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Book Review
Mark Colvin, Penitentiaries, Reformatories, and Chain Gangs: Social
Theory and the History of Punishment in Nineteenth-Century America,
New York: St. Martin's Press, 1997. Pp. x + 294. $45.00 (ISBN 0-312-17327-X).
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As its title indicates, Mark Colvin's Penitentiaries,
Reformatories, and Chain Gangs intends to further the dialogue
between historical and sociological approaches to the history of
American punishment by bringing theory into direct contact with
historiography. Colvin contends that while historians, building
upon the seminal works of the 1970sMichel Foucault's Discipline
and Punish, Michael Ignatieff's A Just Measure of Pain,
David J. Rothman's The Discovery of the Asylum, and the collective
work that appeared as Albion's Fatal Tree, have offered numerous
(and often competing) studies of the rise of reformative incarceration,
the peculiarities of criminal justice in the Slave South, the post-Civil
War history of the chain gang and convict labor, the Progressive
Era invention of parole, probation, and the juvenile court, and
the transformation and decay of the prison, they have done so from
within limited theoretical horizons. The result, Penitentiaries,
Reformatories, and Chain Gangs suggests, is that the history
of punishment has developed as an empirically rich but conceptually
untidy field of study. |
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Colvin's hope is to provide a new
conceptual rigor to the historical study of nineteenth-century punishment.
It is his aim not simply to offer a diagnosis of the present state
of scholarship on nineteenth-century punishment but to move beyond
it. As he puts it, "[t]his study continues the tradition of connecting
penal systems to larger social and cultural forces and trends. What
is new here, however, is the explicit application of competing explanations,
rather than viewing the historical case studies through the lens
of only one theoretical perspective" (4). It is Colvin's hope that
such an approach not only will place the history of punishment on
a firmer footing but also more effectively contextualize present
penal conditions. |
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Colvin's work operates on two
distinct, if interrelated, tracks. First, following David Garland's
influential Punishment and Modern Society, Colvin identifies
four different theoretical perspectives that he believes have shaped
recent penal historiography. Like Garland, Colvin's analysis emphasizes
the social theory of Emile Durkheim and his followers; the positions
that Foucault put forth in Discipline and Punish; the analytical
apparatus of Marxist theory; and scholarship that has sought to
apply Norbert Elias's notion of a "civilizing process" to the history
of penal practice. Colvin argues that each of these approaches offers
valuable tools for understanding the history of punishmentbut
only if they are deployed in tandem to evaluate historically specific
penal transformations. As a result, it is a central aim of Colvin's
study not only to evaluate the relative usefulness of these approaches
but to point to possibilities for their synthesis. |
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Colvin proposes to explore the explanatory
usefulness of these perspectives through examination of three moments
in nineteenth-century United States penal history. His analysis
focuses on the emergence of the penitentiary in the antebellum northeast,
the mid-century construction and expansion of female reformatories,
and the late nineteenth-century Southern deployment of the chain
gang. Penitentiaries, Reformatories, and Chain Gangs proceeds
in a lucid manner. Colvin offers three narratives of emergence organized
around central concepts (in the case of the penitentiary, for example,
around the intersection of the market revolution and religious transformation)
followed by discussions of how the different theoretical approaches
might explain or interpret the empirical material. Each of the book's
sections, in other words, enacts the combination of historiographical
reconstruction and theoretical reflection that Colvin wants to promote. |
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This is an ambitious
effort, clearly developed and argued. Yet its very clarity and ambition
reveals, I think, a series of problems haunting Colvin's project.
For one thing, the actual nature of Colvin's "theories" is unclear.
While it may be possible to argue that Durkheim or the Marxist tradition
offers general theories of punishment or penal change, such a claim
is much more arguable regarding Foucault and Elias. Both of the
latter offered interpretations of specific historical processes
(although possibly Elias's notion of "socio-genesis" might be more
generalizable) rather than "theories" in the way that these function
in sociological thinking. To be sure, there is nothing illegitimate
about extracting principles from these interpretations and then
using them for the task of generalization. But here the effect of
such extraction is to freeze the work of historical thinking into
static theoretical models. For example, Colvin argues that Durkheim's
theory of punishment, "ignores social class and economic and political
power in the shaping of ideological consensus" (11). But this puts
Colvin in the position of having to declare that Kai Erickson (whose
Wayward Puritans Colvin takes as an example of Durkheimian
analysis) is "not a pure Durkheimian" because Erickson does consider
the specific role of the clergy in creating deviance (11). Rather
than evolving bodies of interpretation and knowledge, Colvin's four
approaches emerge as Platonic forms to be related to his empirical
studies from a position of exteriority. I, at least, was left unpersuaded
that the different perspectives were as closed as Colvin argued.
Indeed, their closed nature seems as much an artifact of his representation
as an intrinsic characteristic of the approaches themselves. |
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An inverse problem troubles Colvin's
historical reconstructions. Whereas his description of theories
divorces them too much from empirical historical practice, his narratives
do not acknowledge the theoretical reflection that shapes historiographical
discussion. For example, Colvin organizes his description of the
rise of the penitentiary around the notion of the Market Revolution.
But the Market Revolution is no simple empirical fact. It is a theoretically
complex concept and interpretation. These conceptual choices necessarily
shape which of his perspectives seem to be most powerful explanations
for the history that he offers. As a result, Colvin's attempt to
apply different theoretical approaches to his historical data founders
on the problem that his narratives are already theoretically preformed. |
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Penitentiaries, Reformatories,
and Chain Gangs emerged out of a pedagogical dilemmathe
difficulty Colvin confronted in presenting the diverse array of
historical and sociological studies on the history of punishment
to his students in a coherent and manageable way (p. ix). Colvin
has brought together an impressive amount of historiographical and
sociological material in a search for that coherence. His work clarifies
issues that need to be confronted if a compelling historical sociology
of punishment is to be written. But such a historical sociology
still awaits us. |
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Michael Meranze
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University of California, San Diego
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