Punitive turn and justice cascade: Mutual inspiration from Punishment and Society and human rights literatures

Abstract

This essay compares punishment and society scholarship, especially on the punitive turn of recent decades, with work on the punishment of grave offenses against human rights norms, especially the justice cascade. It compares trends and literatures along six analytic dimensions: offending, group conflict and power asymmetries, penal entrepreneurs, cultural receptivity, institutional constraints, and feedback loops from punishment to structure and culture. While indicating how both sides can benefit from overcoming the current disconnect, this article focuses on potential inspiration for punishment and society scholarship.