Discourse, Power and Justice (International Library of Sociology)

304 Pages·1994·1.59 MB·English

by  Michael Adler

Discourse, power and justice

‘A timely, valuable and thought-provoking contribution to the emerging
body of literature on the management of long-term prisoners in the UK,
and on prisons and other organisations in the contemporary era of
agency status, managerialism and privatisation.’
Alison Liebling,
Institute of Criminology, University of Cambridge

Discourse, Power and Justice is a distinctive and theoretically informed empirical
study of the administration of the Scottish prison system. It is based on
extensive research and combines theoretical innovation with detailed empirical
evidence. The book is located at the confluence of two academic traditions and
their associated literatures, socio-legal studies and the sociology of knowledge,
which are combined to produce a novel theoretical framework.
The authors focus on the activities of those who manage the prison system.
They identify the most important social actors in the prison system, located
both historically and comparatively, and examine their characteristic forms of
discourse. A number of crucial areas of decision-making are analysed in depth,
including decisions about the initial classification of prisoners, transfers
between establishments and the allocation of prisoners to different forms of
work. Another major focus is on the different forms and mechanisms of
accountability, and the book concludes with an analysis of recent policy
changes.
Discourse, Power and Justice will be essential reading for both students and
practitioners in sociology, social policy, criminology and law.
Michael Adler is Reader in Social Policy at the University of Edinburgh.
Brian Longhurst is Lecturer in Sociology at the University of Salford.
INTERNATIONAL LIBRARY OF SOCIOLOGY
Founded by Karl Mannheim
Editor: John Urry
University of Lancaster
Discourse, power and
justice

Towards a new sociology of
imprisonment

Michael Adler and Brian Longhurst

London and New York
For Jonathan and Benjamin
Bernadette, James and Tim
In memory of Ruth

First published 1994
by Routledge
11 New Fetter Lane, London EC4P 4EE

Simultaneously published in the USA and Canada
by Routledge
29 West 35th Street, New York, NY 10001
This edition published in the Taylor & Francis e-Library, 2002.
© 1994 Michael Adler and Brian Longhurst
All rights reserved. No part of this book may be reprinted or reproduced or utilised in
any form or by any electronic, mechanical, or other means, now known or hereafter
invented, including photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the publishers.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloguing in Publication Data
Adler, Michael
Discourse, power, and justice: towards a new sociology of improvement/Michael
Adler and Brian Longhurst.
p. cm. —(International library of sociology)
Includes bibliographical references and index.
1. Prison administration—Scotland.
2. Imprisonment—Scotland.
3. Criminal justice, Administration of—Scotland.
I. Longhurst, Brian, 1956–. II. Title. III. Series.
HV9649.S35A35 1994
365'.9411–dc20 93–46106
CIP

ISBN 0-415-04237-2 (Print Edition)
ISBN 0-203-20399-2 Master e-book ISBN
ISBN 0-203-20402-6 (Glassbook Format)
Contents

List of figures vi
List of tables viii
Acknowledgements xi
List of abbreviations xiii
Introduction xv
1 Institutions, actors and trends in imprisonment 1
2 Discourses and discursive struggles 26
3 Classification: the core of the prison system 51
4 Transfers and careers: reinforcing classification 82
5 Regimes: the power of the governors and the
marginalisation of other professionals 106
6 Petitions to the Secretary of State: handling requests
and settling grievances? 137
7 The Prisons Inspectorate: monitoring regimes and
improving standards? 159
8 The European Convention on Human Rights:
protecting prisoners’ rights? 182
9 Recent developments in penal policy: towards
enterprising managerialism 214
10 Conclusion: discourse, power and justice 239
Notes 248
List of cited cases 260
References 262
Index 273
Figures

1.1 The inner core of the prison system 8
1.2 The inner core and outer penumbra of the prison
system 10
1.3 The politically accountable prison system 11
1.4 The politically accountable prison system in context 12
1.5 The criminal justice system as it applies to prisons 14
1.6 Simplified model of the criminal justice system as it
relates to prisons 15
1.7 The location of penal establishments 25
2.1 Explanatory and interpretive arguments in
‘conservative thought’ 30
2.2 Characteristic features of three competing forms
of ‘ends’ discourse 41
2.3 Different models of organisation and their
distinctive characteristics 44
2.4 Characteristic features of three competing forms of
‘means’ discourse 46
2.5 Discourse matrix for the Scottish prison system 46
4.1 Referral of life-sentence cases to the Parole Board 97
4.2 Procedure for reviewing parole applications from
life-sentence prisoners following a favourable
recommendation by the LRC 101
5.1 Regime at Peterhead, 1986 108
5.2 Progressive hierarchy of prisons, 1987 111
Figures vii
6.1 Different characteristics of accountability in
different means discourses 138
8.1 Administrative procedure followed in Scottish
cases to ECHR 195
9.1 ‘Old’ discourse matrix 237
9.2 ‘New’ discourse matrix 237
Tables

1.1 Changes in the absolute and relative use of available
penalties, 1897 and 1978 16
1.2 Prison populations in Western Europe, as at
1 September 1988 17
1.3 Prison receptions and mean periods of detention
in 1988 18
1.4 Trends in average daily population and in
receptions, 1970–88 19
1.5 Comparison of average daily population in 1971 and
1986 20
1.6 Changes in average daily population, 1984–8 20
1.7 Roles of prison establishments in 1987 22
3.1 Data relating to meetings of the National
Classification Board, January 1985–June 1987 59
3.2 Decisions of National Classification Board, January
1985–June 1987 60
3.3 Disposals at five pre-Grand Design meetings of the
National Classification Board, 1986 and early 1987 61
3.4 Recommendations and outcomes in twenty-seven
initial classification cases at pre-Grand Design
meetings of the National Classification Board 66
3.5 Changing composition of long-term prisoners over
the period 1981–6—numbers in sample and
percentages of those sentenced in the year(s) in
question 70
3.6 Data relating to meetings of the National
Classification Board, July 1987–December 1988 75
Tables ix
3.7 Decisions of the National Classification Board,
July 1987–December 1988 77
3.8 Disposals at four post-Grand Design meetings of
the National Classification Board, early 1988 78
3.9 Requests, recommendations and outcomes in thirty-six
initial classification cases from three of the National
Classification Board post-Grand Design meetings 80
4.1 Crimes and offences resulting in sentences of
imprisonment (transfer data and careers data) 84
4.2 Length of sentence imposed (transfer data and
careers data) 85
4.3 Prisoners’ ages (careers data) 86
4.4 Prison of classification (careers data) 90
4.5 Previous custodial sentences (careers data) 92
4.6 Backgrounds of prisoners classified for and held at
different prisons (careers data) 93
4.7 Preliminary Review Committee decisions,
May 1980–June 1987 99
4.8 Timing of PRC and LRC decisions 99
5.1 Employment in Scottish prisons, 1986–7 and 1988–9 116
5.2 Allocation and reallocation to work: cases observed
at Local Induction Boards, 1987–8 119
5.3 Allocations and reallocations to work: outcomes in
observed cases 123
5.4 Allocation to work: expressed preferences and LIB
decisions 125
5.5 Work reallocations: expressed preferences and
LIB decisions 126
6.1 Number of petitions received by the Scottish Prison
Service, 1985–8 143
6.2 Incidence of petitions in each establishment
in 1986 147
6.3 Largest individual categories of petitions 148
6.4 Distribution of petitions into composite categories 148
6.5 Relationship between recommendations and
outcomes in transfer petitions 154
8.1 Numbers of individual applications to the