Suchergebnisse

Fil: Bergalli, Roberto. Universidad de Barcelona. Facultad de Derecho. Departamento de Derecho Penal y Ciencias Penales. Barcelona, España ; "Un contenido parcial de esta colaboración fue publicado originalmente con el título de Protagonismo judicial y cultura de los jueces, Jueces para la Democracia (Información y Debate), nro. 19-21, Madrid, 14-17, 1993, el cual, a su vez, constituyó una Ponencia en el Workshop: Threshold of Legality and Social Change, convocado por el International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme (ISPAC), en Valle de Aosta-Italia, el 29 de agosto de 1993."

Suggests that, since the concept of social control has become a vital element of political debate, proposals for expanding the possibilities of making semantic use of the concept should be made on the political field. It is shown how the term was first used as a general social model by US Progressive-Era scholars in the early 1900s & entered the general public lexicon in the 1950s as part of Talcott Parsons's (1951) social system model, which emphasized a very strong idea of social control combining psychosociological demands with political & legal characteristics. Criticisms of the Parsonian conception of the term in the 1960s & after, particularly its harsh consideration of deviance, are connected to the gradual erosion of the strong welfare state. In the 1980, social policies modeled on notions of social control were dismantled in favor of financial-monetarist policies, which have left millions of people helpless. In this climate, social conflict has become more acute, & forms of social control might be substituted with a sociology of social justice & democracy. D. M. Smith

Reviews the history of the concept of social control as it was imported into Spain. It is noted that, while the term was imported into the Spanish lexicon from US sociology, it has remained more closely linked in Spain to the kind of social regulation centralized in & by the state. Due to the retardation of sociology under the Francisco Franco dictatorship, the term was not widely circulated in Spain until translations of US structural-functionalist literature appeared in the 1970s. At this time, it became strongly associated with the penal/juridical culture. It is shown that, as Spain made the transition to a democratic order, struggles for & against social control often took place around penal/juridical institutions. Eventually, the Penal Code of Democracy was implemented, which is taken as a sign of Spain's stage of democracy. While obviously more democratic than Franco's Penal Code of 1944, it is suggested that the new code is a primary instrument for the production of social order & an indication of the state's intent to centralize control. D. M. Smith

Discusses the nature, implications, & problems facing recent attempts to establish a democratic criminal justice system in Spain. Prior to the death of dictator Francisco Franco in 1975, the penal system was characterized by death penalties & long sentences inflicted on political prisoners. However, the transition toward democracy has led to a number of reforms grounded in the legal tenets of the Spanish constitution: the principles of legality, proportionality of punishment, the rule of law, & commitment to rehabilitation. Despite these admirable goals, imprisonment remains the primary means of criminal retribution, & prisons are currently in a state of crisis due to overcrowding, lack of staff, & skyrocketing levels of drug use & human immunodeficiency virus/acquired immune deficiency syndrome infection. Spain remains an ideal example of the punitive inflation & ideological contradictions evidenced in criminal justice systems throughout the world. However, the growing presence & acceptance of psychology, sociology, & anthropology have facilitated critiques of the current system & encouraged discussion of viable alternatives to imprisonment. 2 Tables, 29 References. T. Sevier