Questioning the logic of criminalization and penal policy

Michael J. Coyle and David Scott

Chapter 31 in Research Handbook on Penal Policy, 2026, pp 583-601 from Edward Elgar Publishing

Abstract: Chapter 31 engages the concepts of ‘penal policy’ and ‘penal practices’ from the perspective of penal abolition. Outlining the contributions that penal abolitionism can make to ongoing dialogues and debates around the criminalizing system, we focus on definitions of ‘crime’ and other social and interpersonal harms. We note that the 2020s have witnessed an enormous growth in interest in the abolition perspective, and that the global rise of social movements, such as the Black Lives Matter Movement, in the last few years has not only brought a fresh wave of attention and critiques for the retributive justice model, but to the logics of criminalization and penal policies as well. We raise question marks about the underlying logic and assumptions of ‘penal policy’ and ‘penal practices’ and the foundations upon which they operate (Section II), outline the abolitionist aspirations in their contemporary context (Section III), deconstruct dominant ideas around ‘crime’ and justice – especially in terms of how they relate to ‘penal policy’ (Section IV), situate retribution and the criminalizing process within the context of carceral colonial capitalist logics (Section V), delineate the key principles of an alternative abolitionist logic's response to ‘penal policy’ (Section VI), and conceive policy interventions beyond retribution and criminalization to promote concepts of transformative justice instead of ‘penal policy’ (Section VII).

Keywords: Penal abolition; Abolition policy; Abolitionist logic; Transformative justice; Penal logic; Criminalization (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035308521
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