Reward, Law and Power: Toward a Jurisprudence of the Carrot
- 1 June 1986
- journal article
- research article
- Published by SAGE Publications in Australian & New Zealand Journal of Criminology
- Vol. 19 (2) , 91-113
- https://doi.org/10.1177/000486908601900203
Abstract
Positive sanctions play an important but underestimated role in societal regulation. This article examines reward in political and legal theory and explores the conceptual and practical dimensions of reward in the civil and criminal law. It argues that the mechanisms and ideology of reward have facilitated state intervention into private and corporate activity, delayed or denied due process and maintained social inequality. Possible changes in the nature of social control, from punishments to institutionalized rewards through the welfare state, are observed and the implications of such a change for sanction theory are discussed.This publication has 31 references indexed in Scilit:
- The Limits of Economism in Controlling Harmful Corporate ConductLaw & Society Review, 1982
- The Changing Plea Bargaining DebateCalifornia Law Review, 1981
- The Birth of the Welfare SanctionJournal of Law and Society, 1981
- The punitive city: Notes on the dispersal of social controlCrime, Law, and Social Change, 1979
- Reflections on the Role of Statutory Immunity in the Criminal Justice SystemThe Journal of Criminal Law and Criminology (1973-), 1976
- The Study of Power: Suggestions for an AlternativeCanadian Journal of Sociology / Cahiers canadiens de sociologie, 1975
- Social Control through Welfare Legislation: The Impact of a State "Suitable Home Law"Law & Society Review, 1970
- Social Welfare Legislation: An IntroductionStanford Law Review, 1969
- Definitions of Law and Empirical QuestionsLaw & Society Review, 1968
- SanctionsSocial Problems, 1966