'Contractual Governance' of Deviant Behaviour

Abstract

This paper seeks to analyse and make sense of the growing role and implications of forms of 'contractual governance' that are emerging in diverse fields of social life and public policy in England and Wales, both within and beyond criminal justice. Collectively, these modes of control mimic and deploy 'contracts' and 'agreement' in the regulation of deviant conduct and disorderly behaviour. The rise of contractual governance is explored against the background of a crisis in penal modernism and the challenge of crime prevention. Contractual governance in a number of fields is outlined and discussed, including home-school agreements in education; acceptable behaviour contracts and introductory tenancies in social housing; restrictive covenants in private residential neighbourhoods; domestic security and private residential patrols and youth offender contracts. It will be argued that, in these contexts, contracts seek to induce conformity and order through modes of governing the future that depart significantly from traditional modes of policing and that recast social obligations in forms of parochial control.