GARLAND David. of Crimes and Criminals 1991
GARLAND David. of Crimes and Criminals 1991
GARLAND David. of Crimes and Criminals 1991
I am grateful to the following friends and colleagues for their help with this essay: Stanley Cohen,
Mitchell Duneier, James B. Jacobs. Dorothy Nelkin. Robert Reiner, Paul Rock, and Peter Young.
Research for this project was assisted by the Lindsay Bequest Fund of the Edinburgh University
Law Faculty and by the New York University School of Law.
k
12 David Garland
1 I use the concept of a ‘project’ here to characterize an emergent tradition of inquiry which,
despite a degree of variation, shares a cluster of aims and objectives. The ’governmental' project
refers to those inquiries which direct their attention to the problems of governing crime and
criminals. Studies which fall within this tradition are not necessarily official, state-sponsored
studies, although, from the nineteenth century onwards, the state came to dominate work of this
kind. Nor are these inquiries necessarily focused upon state practices (such as criminal laws, police,
prisons, etc.), since the governance of crime and criminals also occurs through ‘private’ institutions
such as the family, boys’ clubs, settlement houses, and so on. As I discuss later, the study of crime
and criminal justice practices was not at first separate from a much broader concern with the
rational goverance of the population in all its aspects. (On the concept of governmentality, see
Foucault 1979; Burchell el al. 1991.) The ’Lombrosian’ project refers to that tradition of inquiry,
beeun by Lombroso. which aims to differentiate the criminal individual from the non-criminal. By
naming the etiological project in this way 1 wish to emphasize the continuity in scientific objective
which runs from Lombroso to the present, rather than to suggest a continuity of method or
of substantive analysis: most etiological studies of the twentieth century have de-entphasized the
biological determinants which Lombroso took to be fundamental.
i
The Development of British Criminology 13
Textbook Histories
Criminology’s history is most often constructed in the form of a preface. It
appears, usually in a few compressed and standardized pages, as the opening
section of a book or article, introducing the reader to the subject and placing
the author’s text within a longer tradition. Sometimes the prefatory history has
a job to do, providing the reader with enough historical understanding to
appreciate the significance and provenance of the text that follows. At other
times it is merely decorative, a routine flourish with little real purpose beyond
getting started in a way that has come to be expected of authors. Ironically,
this routine repetition of conventional historical wisdom can have an influence
quite out of keeping with its value as scholarship. The telling and retelling of
the standard historical tale is a most effective way of persuading the discipline's
14 David Garland
recruits that whatever else may be contested, this much, at least, can be taken
for granted.
Occasionally, textbooks, research monographs, or critical studies make a
feature of their historical introductions, offering a more extensive (and usually
more tendentious) account of the subject’s history, which acts as a kind of
framing device for subsequent arguments.2 On such occasions, history becomes
a way of conducting theoretical debate by other means. The recovery of a lost
theoretical tradition, the reinterpretation of the subject’s early history, claims
and counter-claims about the true ‘founders’ of the discipline, or critical
summaries of previous patterns of thought, are all ways in which the subject’s
history gets drafted into current controversies and made to do duty for one
side or the other.
The history of the discipline has, on a few occasions, formed the central
subject-matter for a book or an article. Most of these excursions into historical
criminology are minor attempts to attribute importance to a particular author
whose influence upon the subject is felt to have been slighted,3 but some
historical writings have more ambitious intentions. Books such as Mannheim’s
Pioneers in Criminology (1960) or Radzinowicz’s Ideology and Crime (1966)—
both published by leading figures in the process of discipline-building—played
an important role in shaping the contours and self-consciousness of the discip
line, and sought to enhance its status by invoking a distinguished
Enlightenment past and a progressive scientific mission. The recent collection
entitled The History of British Criminology (Rock 1988a)—edited by one of the
sociologists who helped remake British criminology in the 1960s and 1970s—
professes similar discipline-forming ambitions, aiming to introduce new
generations of criminologists to a revised history more in keeping with con
temporary interests and understandings. It is not just the textbooks which have
to be adjusted when a discipline changes; history must also be rewritten.
The received history of the discipline, often simplified into a tale of icons
and demons (Beccaria, Lombroso, Burt, Radzinowicz . . .), a few key distinc
tions (classicism, positivism, radicalism . . .), and an overarching narrative in
which ideological error is gradually displaced by the findings of science (e.g.
the myth of the born criminal and its subsequent debunking), plays a small but
significant role in shaping the horizons and reference points of contemporary
criminology. A discipline’s practitioners work with a sense of where their
subject has come from and where it is going, which issues are settled and which
are still live, who are the exemplars to imitate and who the anathemas to be
avoided. Perhaps most importantly, the received history provides practitioners
with a standard-issue kit of collective terms and shared values. Thus, for
example, anyone who learned about the discipline’s history from the textbooks
of the 1970s would find it hard to identify with the methods and aspirations
of ‘positivism’, even though this term was broad enough to include virtually
2 See e.g. the historical introductions to the following: Taylor, Walton, and Young 1973; Morris
1957; Matza 1964.
3 See e.g. Savitz er al. 1977; also Lyell 1913, Levin and Lindesmith 1937.
IT1W
The Development of British Criminology 15
the whole discipline prior to the rise of ‘labelling’ theories and the associated
anti-positivist critiques.4
The standard textbook account of criminology’s history begins with the
writings of criminal law reformers in the eighteenth century, particularly
Beccaria, Bentham, Romilly, and Howard. These writers are said to have char
acterized the offender as a rational, free-willed actor, who engages in crime in
a calculated, utilitarian way and is therefore responsive to deterrent, pro
portionate penalties of the kind that the reformers preferred. This ‘classical
school of criminology’, as it is usually called, was subsequently challenged, in
the late nineteenth century, by writers of the ‘positivist school’ (Lombroso,
Ferri, and Garofalo are usually cited) who adopted a more empirical, scientific
approach to the subject, and investigated ‘the criminal’ using the techniques
of psychiatry, physical anthropology, anthropometry, and other new human
sciences. The positivist school claimed to have discovered evidence of the
existence of ‘criminal types’ whose behaviour was determined rather than
chosen and for whom treatment rather than punishment was appropriate.
Subsequent research refuted or modified most of the specific claims of
Lombroso, and restored the credibility of some of the ‘classicist’ ideas he
opposed, but the project of a scientific criminology had been founded, and this
enterprise continues, in a more diverse and sophisticated way, today.
This standard textbook history is, of course, broadly accurate—it would be
very surprising if it were not. But the broad sweep of its narrative and the
resounding simplicity of its generic terms can be profoundly misleading if
they are taken as real history, rather than as a kind of foundational myth,
developed for heuristic rather than historical purposes.
Misleading Categories
A major defect of these histories is their uncritical use of key terms which then
subsequently enter into standard criminological discourse in an equally unself
conscious way. The term ‘classicism’, to take an important example, is used
as a generic term to denote the criminology of Beccaria and Bentham, and
eighteenth-century thought more generally. It is also used, by extension, to
describe modern theories which affirm the rationality and freedom of offenders’
decision-making processes (see Roshier 1989). But, despite this conventional
usage, it actually makes little sense to claim that these eighteenth-century
thinkers possessed a ‘criminology’, given that they made no general distinction
between the characteristics of criminals and non-criminals, and had no con
ception of research on crime and criminals as a distinctive form of inquiry.
To use such a term to characterize eighteenth-century thought seriously
4 See e.g. lhe discussions of’positivism’ in Taylor. Walton, and Young 1973 and in Matza 1964.
The tradition of ’positivist criminology’ has recently been re-evaluated and reaffirmed in the USA
(see Gottfredson and Hirschi 1987), and in Britain, some of its sternest critics have modified their
views and realigned themselves with some of its central concerns. For a discussion of the changing
relationship between ‘radical criminology’ and ’positivism’, see Young 1988.
16 David Garland
history back through the early modern period, the Middle Ages, and the
classical period to the ancient world and ‘prehistoric times’. The problem here
is that the selection criteria are unargued and hopelessly broad. Criminology’s
history becomes the history of everything that has ever been said or thought
or done in relation to law-breakers, and the links between this amorphous past
and the particular present remain vague and unspecified. Worse still, the
writings of ancient and medieval authors are ransacked in search of ‘crimino
logical’ statements and arguments, as if they were addressing the same ques
tions in the same ways as modern criminologists, and we are introduced to
anachronistic creatures such as ‘early modern criminology’ and St Thomas
Aquinas’ analysis of‘criminogenic factors’ (Drapkin 1983: 550).
This criminology-through-the-ages style of history is objectionable on a
number of grounds. First of all, it distorts the meaning of earlier writers
and conceals the fact that their statements are structured by assumptions and
objectives—not to mention institutional contexts and cultural commitments—
which are quite different from those of modern criminology.7 Secondly, it gives
the false impression that criminology is our modern response to a timeless and
unchanging set of questions which previous thinkers have also pondered,
though with notably less success. Criminology is seen as a science which was
waiting to happen, the end point of a long process of inquiry which has only
recently broken through to the status of true, scientific knowledge. This
progressivist. presentist view of things fails to recognize that criminology is, in
fact, a socially constructed and historically specific organization of knowledge
and investigative procedures—a particular style of reasoning, representing, and
intervening—which is grounded in a particular set of institutions and forms of
life. It is a ‘discipline’, a regime of truth with its own special rules for deciding
between truth and falsity, rather than the epitome of right thought and correct
knowledge. To adopt this fallacious way of thinking about the discipline’s
history is to cut off from view the other ‘problematizations’ (as Foucault
would call them) that the historical record reveals, and to forget that our
own ways of constituting and perceiving ‘crime’ and ‘deviance’ are established
conventions rather than unchallengeable truths. An important purpose of
writing history is to help develop a consciousness of how conventions are made
and remade over time, and thus promote a critical self-consciousness about
our own questions and assumptions. The myth of an emergent criminology,
progressing from ancient error to modern truth, does little to improve our
understanding of the past or of the present.
My remarks up to now have been directed against criminology’s history as
told by criminologists to criminologists. But in recent years our historical
understanding of the subject has been considerably advanced by the work of
‘outsiders’ who owe no allegiance to the discipline and whose work is driven
by quite different historical and critical concerns. The writings of Michel
Foucault (1977), Robert Nye (1984), Daniel Pick (1989), Martin Wiener (1990)
7 The classic discussion of this problem in the history of ideas is contained in Skinner 1969.
16 David Garland
history back through the early modern period, the Middle Ages, and the
classical period to the ancient world and ‘prehistoric times’. The problem here
is that the selection criteria are unargued and hopelessly broad. Criminology’s
history becomes the history of everything that has ever been said or thought
or done in relation to law-breakers, and the links between this amorphous past
and the particular present remain vague and unspecified. Worse still, the
writings of ancient and medieval authors are ransacked in search of ‘crimino
logical’ statements and arguments, as if they were addressing the same ques
tions in the same ways as modern criminologists, and we are introduced to
anachronistic creatures such as ‘early modern criminology’ and St Thomas
Aquinas’ analysis of‘criminogenic factors’ (Drapkin 1983: 550).
This criminology-through-the-ages style of history is objectionable on a
number of grounds. First of all, it distorts the meaning of earlier writers
and conceals the fact that their statements are structured by assumptions and
objectives—not to mention institutional contexts and cultural commitments—
which are quite different from those of modern criminology.7 Secondly, it gives
the false impression that criminology is our modern response to a timeless and
unchanging set of questions which previous thinkers have also pondered,
though with notably less success. Criminology is seen as a science which was
waiting to happen, the end point of a long process of inquiry which has only
recently broken through to the status of true, scientific knowledge. This
progressivist, presentist view of things fails to recognize that criminology is, in
fact, a socially constructed and historically specific organization of knowledge
and investigative procedures—a particular style of reasoning, representing, and
intervening—which is grounded in a particular set of institutions and forms of
life. It is a ‘discipline’, a regime of truth with its own special rules for deciding
between truth and falsity, rather than the epitome of right thought and correct
knowledge. To adopt this fallacious way of thinking about the discipline’s
history is to cut off from view the other ‘problematizations’ (as Foucault
would call them) that the historical record reveals, and to forget that our
own ways of constituting and perceiving ‘crime’ and ‘deviance’ are established
conventions rather than unchallengeable truths. An important purpose of
writing history is to help develop a consciousness of how conventions are made
and remade over time, and thus promote a critical self-consciousness about
our own questions and assumptions. The myth of an emergent criminology,
progressing from ancient error to modern truth, does little to improve our
understanding of the past or of the present.
My remarks up to now have been directed against criminology’s history as
told by criminologists to criminologists. But in recent years our historical
understanding of the subject has been considerably advanced by the work of
‘outsiders’ who owe no allegiance to the discipline and whose work is driven
by quite different historical and critical concerns. The writings of Michel
Foucault (1977), Robert Nye (1984), Daniel Pick (1989), Martin Wiener (1990)
7 The classic discussion of this problem in the history of ideas is contained in Skinner 1969.
IS David Garland
and Marie-Christine Leps (1992) have, in their different ways, situated crim
inological discourse on a wider canvas, showing how this form of knowledge
was grounded in quite specific institutional practices, political movements, and
cultural settings. None of these authors provides an overall account of crim
inology’s development, each one being concerned to understand the crimino
logical ideas prevailing in a particular period or setting, rather than to produce
a genealogy of the discipline. But the analyses of these and other writers are
of great importance for the understanding of criminology’s past and their work
adds breadth and depth to the somewhat narrower, diachronic account which
the present chapter sets out. Similarly valuable is the recent work done in the
newly developed field of the history of the human sciences by authors such as
Nikolas Rose (1988), Roger Smith (1988), Kurt Danziger (1990), and Ian
Hacking (1990). These writers have set out important methodological and
theoretical guidelines for work in this area—guidelines which I have tried to
follow in the present chapter. They have also developed cogent historical
analyses of disciplines such as psychology and statistics which are of great rel
evance for any account of criminology’s development.8
8 The history of anthropology also contains many suggestive parallels with that of criminology:
see e.g. Darnell 1974.
The Development of British Criminology 19
10 See e.g. the debates surrounding the development of a radical criminology which aimed to
disengage from the policy goals of the state—a development which, for some writers, came
to imply the dissolution of criminology as a discipline. Sec Bankowski et al. 1976, Hirst 1975. See
also the recent reflections on the relationship between criminology and criminal justice policy by
Petersilia 1991 and Bottoms 1987.
11 For a theoretical discussion addressing this issue in the history of psychology, see Smith 1988.
The Development of British Criminology 21
Social rules and the violation of them are an intrinsic aspect of social organ
ization, a part of the human condition. Discourse about crime and criminals—
or sin, villainy, roguery, deviance, whatever the local idiom—is thus as old as
human civilization itself. Wherever generalized frameworks developed fo-
the representation and explanation of human conduct, whether as myths
cosmologies, theologies, metaphysical systems, or vernacular common sense—
they generally entailed propositions about aberrant conduct and how it should
be understood. As we have seen, some writers have taken this recurring
concern with law-breakers as sufficient licence to talk about a ‘criminology’
which stretches back to the dawn of time. But rather than see such writings
as proto-criminologies struggling to achieve a form which we have since
I
David (iarland
12 For a wide-ranging discussion, see Jean Delumeau’s account (Delumeau 1990) of sin and fear
in thirteenth- to eighteenth-century Europe.
13 For developments of this point, see Zeman 1981; and also Faller 1987.
14 On criminal biographies and broadsheets, see Faller 1987; Sharpe 1985. On crime and
criminals in Tudor rogue pamphlets and Jacobean city comedies, see Curtis and Hale 1981. For
descriptions of the Elizabethan underworld, see Judges 1930; Salgado 1972.
The Development of British Criminology 23
15 Matza (1969) analyses the recurring narratives of everyday discourse and shows how, in a
slightly adapted form, these come to comprise the basic explanatory structures of contemporary
criminological theory.
24 David Garland
16 See Colquhoun 1797, 1800. 1806. 1814; Fielding 1751; and the discussion of the parliamentary
and private committees of inquiry of this period in Radzinowicz 1956.
17 See Howard 1973 [1777], 1973 [1789] and the discussion of his work in Ignatieff 1978.
26 David Garland
18 See the discussion of the work of Rawson, Fletcher, and Glyde in Morris 1957. Beirne (1993)
provides detailed discussions of the work of Guerry and Quetelet and their place in the develop
ment of criminological thought.
19 For a discussion of Mayhew’s work and its relation to subsequent criminological analyses,
see Morris 1957.
20 Richard Sennett (1977) provides an interesting account of various nineteenth-century efforts
to judge character by outward appearance and describes the cultural predicament which prompted
these concerns.
The Development of British Criminology 27
21 On phrenology and its links to subsequent criminological studies, see Savitz et al. 1977. More
generally, see Cooter 1981.
d
I 28 David Garland
one can see in the work of the nineteenth-century phrenologists and psy
chiatrists a concern to understand human conduct in scientific terms, to
identify character types, and to trace the etiologies of pathological behaviours.
But at this historical moment there was no focus upon the criminal as a
special human type and no felt need for a specialism built around this entity.
The splitting off of criminological studies, both in the administrative field and
in the clinic, was a late nineteenth-century event which significantly changed
the organization of subsequent thought and action.
Since the formation of criminology, its practitioners have repeatedly
identified what they take to be their ‘roots’—the various lines of descent which
link their present practice to work done a century and more before. But this
is perhaps the wrong way to look at things. A more accurate account might
suggest that at the end of the nineteenth century the idea of a specialist
criminological science emerged—centred, as it happens, on the figure of the
‘criminal type’—and that, after a process of struggle, adaptation, and con
vergence, this subsequently led to the establishment, in a rather different form,
of an independent criminological discipline. Since the discipline was charac
terized by an eclectic, multidisciplinary concern to pursue the crime problem
in all its aspects, the subject is continually expanding to embrace all of the
ways in which crime and criminals might be scientifically studied, and in so
doing, it has constantly created new predecessors for itself. The connection
between eighteenth- and twentieth-century discourse about crime is not a
matter of tenacious traditions of thought which have survived continuously for
200 years. Rather, it is a matter of a certain broad similarity between forms of
inquiry and institutional arrangements which prevailed in the eighteenth and
the twentieth centuries, together with the tendency of the modern discipline to
embrace everything that might be scientifically said about crime and criminals.
Each time a new element is added to the criminological armoury—be it
radical criminology, ecological surveys, or sociological theory—someone
sooner or later discovers that eighteenth- and nineteenth-century writers were
doing something similar, and that this new approach should therefore be
considered a central feature of the criminological tradition, albeit one that
was temporarily (and inexplicably) forgotten. But this recurring ‘recovery of
tradition’ is perhaps better understood as a bid for intellectual respectability
and disciplinary centrality than as a serious claim about the development
of the subject. After all, the crucial requirement of a genealogy is continuity of
descent, and it is precisely this continuity which is missing wherever ‘traditions’
have to be ‘rediscovered’.
If this account is accurate, and if criminology is a specific organization of
knowledge which first emerged in the late nineteenth century, then the key
problem is to try to describe its particularity and to explain the historical
transmutation which produced this new form of enterprise. It has to be shown
how the project of a specialized science emerged out of some other project or
set of projects, and how it marked itself off from what went before. It is to
that task that I now turn.
30 David Garland
with its Lombrosian origins, it focused its attentions upon the individual
criminal, and in particular upon the characteristics which appeared to mark
off criminals as in some way different from normal, law-abiding citizens. 1*
assumed that scientific explanation amounted to causal explanation and there
fore set itself the task of identifying the causes of crime, though it should be
added that the notion of ‘cause’ was understood in a wide variety of ways.,
some of which were more ‘determinist’ than others, and the kinds of cause
identified ranged from innate constitutional defects to more or less contingent
social circumstances. Finally, it addressed itself to the investigation of a new.
pathological phenomenon—‘criminality’—which it deemed to be the source of
criminal behaviour and which, in effect, became the subject’s raison d'etre and
the target of its practical proposals.
This concern to produce a differential diagnosis of the individual criminal
and the etiology of his or her offending behaviour was in turn linked to a
definite programme of practical action, quite at odds with the legal principles
which had previously underpinned criminal justice practice. The notion of the
offender’s free will was attacked as a metaphysical abstraction, as was the
concept of legal responsibility. Uniformity of sentencing was viewed as a
failure to differentiate between different types of offender, and the principle of
proportionate, retrospective punishment was rejected in favour of a flexible
system of penal sanctions adapted to the reformabilily or dangerousness of
the specific individual. Criminal justice was to cease being a punitive, reactive
system and was to become instead a scientifically informed apparatus for the
prevention, treatment, and elimination of criminality. It was to be a system run
by criminological experts, concerned to maximize social defence, individual
reform, and measures of security rather than to uphold some outdated legalis
tic conception of justice.
That such a radical programme of research and reform could be developed
and become influential is testimony to the extent to which the new criminology
resonated with the concerns and preoccupations of the political and cultural
milieux in which it emerged.24 The popularity of Lombroso’s work is probably
explicable in terms of the extent to which his conception of the criminal type
chimed with deep-rooted cultural prejudices and offered scientific respectability
to middle class perceptions of ‘criminal classes’ forming in the growing cities
(see Sennett 1977). But the viability of the criminological movement, and the
fact that it so quickly became an international phenomenon, are indications
that it was a programme of thought and action which successfully meshed with
the social politics and institutional practices which were becoming established
at the time. The increasing involvement of experts and scientists in the admin
istration of social problems in the late nineteenth century, and the related
development of statistical data as a resource for governing, is one background
circumstance. So too is the developing concern on the part of governments.
24 For a detailed account of the British cultural milieu in which the new criminological science
took hold, see Wiener 1990.
The Development of British Criminology 33
Poor Law administrators, police, and local authorities to classify and differ
entiate the populations they dealt with, seeking to identify and separate out
dangerous elements while shoring up the social attachments of the ‘deserving
poor’ and the ‘respectable’ working classes. In this specific context, the crimi
nological programme offered certain regulatory and legitimatory possibilities
which made it attractive to late nineteenth-century governments and adminis
trators.
The regulatory advantages of the new criminology lay in its rejection of
the formal egalitarianism that had previously shaped the practices of criminal
law and its enforcement. Against the principle that everyone should be
treated equally, criminology offered to differentiate between constitutional and
accidental criminality, thus identifying the real sources of social danger and
marking out the contours of the criminal class in a scientific rather than a
moralistic way. Criminology also promised to provide a more extensive and
a more effective form of intervention and regulation. Concerned to diagnose
an individual’s level of dangerousness rather than to judge whether or not he
or she had yet broken the law, criminology offered the prospect of a system
of control in which official measures need not wait for an offence to occur, or
be limited by any principle of proportionality. At the same time, this more
interventionist system could also claim to be more humane, in so far as its
rationale was the promotion of individual and social welfare and not merely
the infliction of retributive punishment (see Garland 1985a; Wiener 1990).
Finally, as is by now well documented, the new criminology met with
extensive interest and social support because it was closely linked to the new
prisons which had, by the late nineteenth century, become a prominent feature
of all Western societies. As Michel Foucault (1977) has shown, the disciplinary,
reformative practices of the penitentiary prison acted as a practical ‘surface of
emergence’ for the individualizing, differentiating discourse of criminology.
What Lombroso invented was a science of individual differences; but the data
and social arrangements necessary for the production of this science, as well
as the practical context in which such a knowledge would be practically useful,
were already inscribed in the architecture and regimes of the disciplinary
prison. In the prison setting inmates were arranged in individual cells, and
subjected to constant, individual surveillance for long periods of time, their
behaviour and characteristics being continually monitored in order that
disciplinary measures could be adjusted to deal with individual reactions and
peculiarities. The systematic and differentiating knowledge of offenders to
which this gave rise formed the basis for the new science of criminology, which
slowly fed back into the practices of imprisonment, refining the prison’s
classifications and techniques, and enhancing the authorities’ understanding of
the individuals that were held in custody (see Garland 1985a). The widespread
use of disciplinary imprisonment in late nineteenth-century Europe anc
America thus provided a ready-made setting through which criminology couk
emerge and establish itself as a useful form of knowledge. As Sir Evelyn
Ruggles-Brise (1924) put it, la science penitentiaire develops gradually into the
34 David Garland
of them brutal, indicating physical and moral deterioration. In fact there is a stamp on them in
form and expression which seems to me the heritage of the class.' For a discussion of these debates,
see Garland 1988; also Radzinowicz and Hood 1986.
36 David Garland
More important than this theoretical difference was the way in which British
psychiatry contrasted with Lombrosian anthropology in its practical commit
ments and its relationship to the institutions of criminal justice. In his early
I' publications, Lombroso claimed that his ideas had great relevance for criminal
law and penal policy, but, as his critics soon pointed out, he was not particu
larly well informed about the practical realities of crime and punishment.27 In
consequence, his penology was not just radical and at odds with current
practices; it was also naive and distorted, lacking a close familiarity with the
normal range of offenders and the institutions that dealt with them.
Lombroso’s conception of the criminal type had emerged from the theoretical
hypotheses of physical anthropology rather than extensive penological
experience, and only gradually did he modify his views to bring them more
into line with the way legal institutions worked. In contrast, the scientific
thinking about the criminal which developed in British psychiatric and medico
legal circles was closely tied into professional tasks such as the giving of
evidence before courts of law, or the decisions as to classification, diagnosis,
and regimen which prison medical officers made daily. This practical experience
was crucial in shaping the psychiatric approach to ‘criminological’ issues
because it ensured that psychiatrists and prison doctors were well acquainted
with the day-to-day realities of criminal justice and with the need to bring
psychiatric propositions into line with the demands of courts and prison
authorities.
The British tradition that was closest to the criminology developing on the
continent was thus also somewhat hostile to it. The scientific studies conducted
by British prison doctors and psychiatrists were, from an early stage, situated
within an institutional framework which shaped their purposes and constrained
their findings. In consequence, these studies were generally modest in their
claims and respectful of the requirements of institutional regimes and legal
principles. As far as most prison doctors and experienced psychiatrists were
concerned, the majority of criminals were more or less normal individuals; only
a minority required psychiatric treatment and this usually involved removing
them from the penal system and putting them into institutions for the mentally
ill or defective. And although the diagnostic and therapeutic claims of
psychiatry changed over time, from an early stage there was a recognition that,
for the majority of offenders, the normal processes of law and punishment
should apply. Compared to the sweeping claims of criminal anthropology, the
British medico-legal tradition was, by the 1890s, somewhat conservative, and
generally dismissive of Lombrosian ideas. Senior psychiatric figures such as
Maudsley and Conolly Norman referred publicly to the ‘puerilities of criminal
anthropology’ and the ‘lamentable extravagances’ of the new theories
(Norman 1895; Maudsley 1895). Sir Horatio Bryan Donkin, the first Medical
27 Sec. for instance, the review by Arthur St John (1912) of Lombroso’s work, in which he
contrasts Lombroso’s naivety to the experienced practical understanding of a prison doctor such
as James Devon.
The Development of British Criminology 37
28 See inter alia Sutherland 1908; Quinton 1910; Devon 1912; Smith 1922; Sullivan 1924; East
1927.
\ 38 David Garland
29 According to his own account, Cyril Burt had regularly given lectures on juvenile delinquency
at Liverpool University between 1906 and 1914, but these had occurred in the context of a
psychology class rather than one devoted to ‘criminology’. See Mannheim 1957.
30 Works on alcoholism by W. C. Sullivan (1906), on recidivism by J. F. Sutherland (1908), and
on the psychology of the criminal by M. Hamblin Smith (1922) and H. E. Field (1932) are
significant examples of research derived from the developing penal-welfare complex.
The Development of British Criminology 39
both psychiatrically trained prison doctors, and charging them with these new
duties, the Justices effectively created a new specialism of applied criminology.
Before long, Potts and Hamblin Smith were adapting the standard mental tests
for use in this area, publishing the results of their clinical studies, and writing
extensively about the need for this kind of investigation and its implications
for the treatment and prevention of crime. In The Psychology of the Criminal
(19226) and in a series of articles in the Journal of Mental Science, the Howard
Journal, and elsewhere, Smith emphasized the importance of criminological
study, though for him this meant the clinical examination of individual
offenders for the purpose of assessment and diagnosis. As Britain’s first auth
orized teacher of ‘criminology’, and as the first individual to use the title of
‘criminologist’, it is significant that Smith, like Donkin and Ruggles-Brise
before him, rejected the search for ‘general theories’ in favour of the ‘study of
the individual’. It is also significant that the centres for criminological research
and teaching which he proposed were envisaged as places where ‘young medical
graduates’ would be trained to become expert in the medico-psychological
examination and assessment of offenders (Smith 1922zz).
Hamblin Smith was also one of the first criminological workers in Britain to
profess an interest in psychoanalysis, which he used as a means to assess the
personality of offenders, as well as a technique for treating the mental conflicts
which, he claimed, lay behind the criminal act. In this respect Smith met with
much official opposition, particularly from W. Norwood East; but there were
others, outside the prisons establishment, who were more enthusiastic. In the
winter of 1922-23 Dr Grace Pailthorpe assisted Smith in the psychoanalytic
investigation of female offenders in Birmingham, and went on to complete a
five-year study at Holloway, funded by a grant from the Medical Research
Council. Her report (Pailthorpe 1932), which was completed by 1929, but held
back by the MRC until 1932, claimed that crime was generally a symptom of
mental conflict which might be psychoanalytically resolved. This radical
approach met with some consternation in official circles (see East 1936: 319),
but it excited the interest of a number of analysts and medical psychologists
who formed a group to promote the Pailthorpe report and its approach. Out
of their meetings emerged the Association for the Scientific Treatment of
Criminals (1931), which, in 1932, became the Institute for the Scientific
Treatment of Delinquency (ISTD) (see Glover 1960).
Most of the founder members of this group were involved in the new out
patient sector of psychiatric work, made possible by a developing network of
private clinics, which included the Tavistock (1921) and the Maudsley (1923),
the new child guidance centres, and, in 1933, the ISTD’s own Psychopathic
Clinic (which in 1937 was moved and renamed the Portman Clinic). This new
field of practice gave rise to its own distinctive brand of criminological theory.
The early publications of the ISTD emphasize the clinical exploration of
individual personality, and in that sense are continuous with much previous
work. But they also manifest a new preventative emphasis, which reflected
the fact that the new clinics operated outside the formal penal system, and
Il
40 David Garland
could deal with individuals before their disturbed conduct actually became
criminal.31 Eventually, the ISTD’s emphasis upon psychoanalysis, and its open
hostility to much official penal policy, ensured that it remained essentially an
outsider body, operating at arm’s length from the Home Office and the Prison
Commission. This outsider status forms an important background to the later
decision of the Home Office to establish a criminological institute at
Cambridge, rather than under 1STD auspices in London, for although ‘the
formation of such a body was one of the original aims of the ISTD’ (Glover
I960: 70), and the claims of the organization were canvassed to the Home
Secretary in 1958, the Home Office appears not to have seriously considered
such an option (see Radzinowicz 1988: 9).
Despite its subsequent neglect, the work of W. Norwood East, particularly
An Introduction to Forensic Psychiatry in the Criminal Courts (1927) and The
Medical Aspects of Crime (1936)—better represents the mainstream of British
criminology in the 1920s and 1930s. East was a psychiatrically trained prison
medical officer who became a leading figure in the 1930s as Medical Director
on the Prison Commission and President of the Medico-Legal Society, and his
views dominated official policy-making for a lengthy period. East was himself
a proponent of a psychological approach to crime, but he considered its
scope to be sharply delimited, and consistently warned against the dangers
and absurdities of exaggerating its claims. Instead of theoretical speculation
and scientific ambition he stressed the importance of ‘day-to-day adminis
tration’, and the practical impact of theoretical ideas. (Hence his criticism of
deterministic ideas, which he thought promoted ‘mental invalidism’ instead
of trying to build up a sense of social responsibility’ (East 1931-2). In 1934 he
established an extended experiment at Wormwood Scrubs prison, whereby
those offenders deemed most likely to respond to psychological therapy—
particularly sex offenders and arsonists—were subjected to a period of investi
gation and treatment. At the end of five years, East and Hubert’s Report on
The Psychological Treatment of Crime (1939) reaffirmed East’s view that while
80 per cent of offenders were psychologically normal, and would respond to
routine punishment, a minority might usefully be investigated and offered
psychological treatment. The Report proposed a special institution to deal
with such offenders—a proposal which was immediately accepted but not put
into effect until the opening of Grendon Underwood prison in 1962. East and
Hubert also recommended that this institution should function as a centre for
31 As the editors of the British Journal of Delinquency pul it in the first issue: ‘The names of
James Devon, Hamblin Smith. Norwood East and others bear witness to the honourable part
played by Prison Medical Officers in the development of scientific criminology in this country. But
the activities of the “institutional” criminologist have been rather overshadowed in recent years
by the expansion of what might be called the “ambulant” approach to delinquency, i.e. the
application of diagnostic and. where necessary or possible, therapeutic methods to early cases
attending Delinquency Clinics, Child Guidance and Psychiatric Centres, etc., with or without
probationary supervision. And to the extent that the Delinquency Clinic bridges the gap between
the “non-delinquent” and the “recidivist”, it is inevitable that the ambulant system should provide
the most fruitful field for research into causes and methods of prevention’ (’Editorial', British
Journal of Delinquency. 1/1 (1950/1): 4).
The Development of British Criminology 41
k
The Development of British Criminology 43
32 See Mannheim (1949: 11): also Radzinowicz (1961: 173-6): ‘it may be said that modern
criminological research in England dates only from Sir Cyril Burt's study of The Young Delinquent,
first published in 1925. Its excellence in method and interpretation was at once recognized and it
has stood the test of rapidly advancing knowledge.'
44 David Garland
that delinquency was not the outcome of special factors operating only on
delinquents, but was rather the result of a combination of factors—typical!!}
as many as nine or ten—operating at once upon a single individual. Un
consequence, the study of criminality must be, above all, multicausal in scope,
)• while its treatment must be tailored to fit the needs of the individual case. The
influence of Burt s work, and especially its eclectic, multifactorial search for
the correlates of individual delinquency, was to become something of a
hallmark of British criminology in the mid-twentieth century, though ironically
enough (in view of Burt’s modern reputation) his most immediate impact
was to shift attention away from the purported intellectual deficiencies o>f
delinquents towards questions of temperament and emotional balance.
The scientific criminology which developed in Britain between the 1890s and
the Second World War was thus heavily dominated by a medico-psychological
approach, focused upon the individual offender and tied into a correctionalisit
penal-welfare policy. Within this approach there were a number of important
variants, and the enterprise was differently understood by different practitioners:
but compared to the subject which exists today, criminology operated within
rather narrow parameters. Sociological work, such as that developed by'
Durkheim in France at the turn of the century, or in Chicago in the 1920s and
1930s (which treated crime rates as social facts to be explained by sociological
methods), was virtually absent. Instead the ‘social dimension’ of crime was
conceived of as one factor among many others operating upon the individual—
a good example of how the criminological project transforms the elements
which it borrows’ from other disciplines. Nor was the radicalism of foreign
criminologists such as Enrico Ferri and Willem Bonger much in evidence here;
indeed, if British criminology can be said to have developed radical analyses
during this period, they were inspired by Freud rather than by Marx.33
The major topics of scientific interest were those thrown up as problems for
the courts, the prison and the Borstal system—such as the mentally abnormal
offender, recidivists, and especially juvenile delinquents—and the central
purpose of scientific research was not the construction of explanatory theory
but instead the more immediate end of aiding the policy-making process. The
governmental project dominated, almost to the point of monopolization, and
Lombroso s science of the criminal was taken up only in so far as it could be
shown to be directly relevant to the governance of crime and criminals. Such
a pragmatic, correctionalist orientation was, of course, hardly surprising when
one recalls that the authors of pre-war criminological research in Britain were,
virtually without exception, practitioners working in the state penal system or
else in the network of clinics and hospitals which had grown up around it. In
Britain, before the mid-1930s, criminology as a university-based, academic
discipline simply did not exist.
33 See for instance the works by Glover (1941, 1960), Aichhorn (1951), and Friedlander
(1947).
The Development of British Criminology 45
34 According to the results of a survey carried out by Mannheim in the mid-1950s, twenty-one
British universities claimed that criminology formed a part of their teaching curriculum, whether
for undergraduate students or as a part of extension courses and diplomas taken by trainee social
workers and probation officers (Mannheim 1957). From 1938 onwards, the ISTD was a centre for
the University of London four-year Diploma Course in Social Studies, an evening course, of which
the fourth year was devoted to criminology. Mannheim himself taught ‘criminology as a separate
subject in all its aspects’ at the LSE from 1935 onwards.
46 David Garland
1
The Development of British Criminology 47
36 For a contemporary discussion of these developments see National Association for Mental
Health 1949. Ten years later, Barbara Wootton’s review of the social sciences and their role in
policy-making was severely critical of criminology’s achievements in this respect (Wootton 1959).
For a retrospective account, see Wiles 1976.
The Development of British Criminology 49
press, teaching a mass audience how ‘modern science’ thought about age-old
problems, including crime and delinquency.37
Once set in place, the component parts of the emergent discipline proceeded
to establish the range of issues and research questions which was to charac
terize the subject. In hindsight, this research agenda is easily regarded as
narrow and consensual, reflecting broad agreement about the importance of
correctionalist aims and positivist methods and a traditional British bias
against theoretical or sociological work (see Cohen 1981; Wiles 1976).
However, there was actually a good deal of conflict and disagreement regard
ing the appropriate research agenda for the subject, and rather more diversity
in intellectual style and policy orientation than the textbook histories have
suggested. The major institutions in the newly created discipline—the
Cambridge Institute and the Home Office Research Unit-—were each, to
differing degrees, tied into a framework of government-sponsored research
which quickly assumed a distinctive pattern, although the Institute was home
to other work as well, most notably Radzinowicz’s monumental History
(1948-86), and was careful to maintain its claim to academic independence.
Neither organization concerned itself closely with the development of clinical
studies of the causes of crime or with the task of theory-building, preferring
instead to pursue knowledge which would be more readily obtained and more
immediately accessible to the policy process. As Radzinowicz argued in 1961,
‘the attempt to elucidate the causes of crime should be put aside’ in favour of
more modest, descriptive studies which indicate the kinds of factors and
circumstances with which offending is associated. Using an interdisciplinary
approach and a diversity of methods, research was to be focused upon
‘descriptive, analytical accounts of the state of crime, of the various classes
of offenders, of the enforcement of criminal law [and] of the effectiveness of
various measures of penal treatment’ (Radzinowicz 1961: 175).
This approach, well characterized by George Void (1958) as ‘administrative
criminology’, attracted harsh criticism at the time from those more attached to
criminology’s scientific and explanatory ambitions, particularly the psycho
analysts at the ISTD and the group of sociological criminologists that was
forming around Mannheim at the LSE—just as it would later be criticized
again in the 1970s, this time by a new generation of criminologists more
attracted to critical and sociological theory. But to figures such as
Radzinowicz, trying to establish a fledgling and still precarious discipline, the
concern was to produce useful knowledge and produce it quickly, rather than
risk the failure of a more ambitious programme of etiological research, a
programme which, in any case, would depend on the production of a more
accurate and wide-ranging description of criminal phenomena (Radzinowicz
1988).
This pragmatic vision of the criminological enterprise was echoed by th
37 Sec the transcripts of the BBC radio series on the causes of crime in The Listener of 1929
and 1934, especially the broadcasts by Cyril Burt on ‘The Psychology of the Bad Child’
(6 February 1929) and on ‘The Causes of Crime’ (2 May, 1934).
48 David Garland
36 For a contemporary discussion of these developments see National Association for Mental
Health 1949. Ten years later, Barbara Woolton’s review of the social sciences and their role in
policy-making was severely critical of criminology’s achievements in this respect (Wootton 1959).
For a retrospective account, see Wiles 1976.
The Development of British Criminology 49
press, teaching a mass audience how ‘modern science’ thought about age-old
problems, including crime and delinquency.37
Once set in place, the component parts of the emergent discipline proceeded
to establish the range of issues and research questions which was to charac
terize the subject. In hindsight, this research agenda is easily regarded as
narrow and consensual, reflecting broad agreement about the importance of
correctionalist aims and positivist methods and a traditional British bias
against theoretical or sociological work (see Cohen 1981; Wiles 1976).
However, there was actually a good deal of conflict and disagreement regard
ing the appropriate research agenda for the subject, and rather more diversity
in intellectual style and policy orientation than the textbook histories have
suggested. The major institutions in the newly created discipline—the
Cambridge Institute and the Home Office Research Unit—were each, to
differing degrees, tied into a framework of government-sponsored research
which quickly assumed a distinctive pattern, although the Institute was home
to other work as well, most notably Radzinowicz’s monumental History
(1948-86), and was careful to maintain its claim to academic independence.
Neither organization concerned itself closely with the development of clinical
studies of the causes of crime or with the task of theory-building, preferring
instead to pursue knowledge which would be more readily obtained and more
immediately accessible to the policy process. As Radzinowicz argued in 1961,
‘the attempt to elucidate the causes of crime should be put aside’ in favour of
more modest, descriptive studies which indicate the kinds of factors and
circumstances with which offending is associated. Using an interdisciplinary
approach and a diversity of methods, research was to be focused upon
‘descriptive, analytical accounts of the state of crime, of the various classes
of offenders, of the enforcement of criminal law [and] of the effectiveness of
various measures of penal treatment’ (Radzinowicz 1961: 175).
This approach, well characterized by George Void (1958) as ‘administrative
criminology’, attracted harsh criticism at the time from those more attached to
criminology’s scientific and explanatory ambitions, particularly the psycho
analysts at the ISTD and the group of sociological criminologists that was
forming around Mannheim at the LSE—just as it would later be criticized
again in the 1970s, this time by a new generation of criminologists more
attracted to critical and sociological theory. But to figures such as
Radzinowicz, trying to establish a fledgling and still precarious discipline, the
concern was to produce useful knowledge and produce it quickly, rather than
risk the failure of a more ambitious programme of etiological research, a
programme which, in any case, would depend on the production of a more
accurate and wide-ranging description of criminal phenomena (Radzinowicz
1988).
This pragmatic vision of the criminological enterprise was echoed by the
37 See the transcripts of the BBC radio series on the causes of crime in The Listener of 1929
and 1934, especially the broadcasts by Cyril Burt on ‘The Psychology of the Bad Child’
(6 February 1929) and on ‘The Causes of Crime’ (2 May, 1934).
50 David Garland
1959 White Paper, which argued that etiological research ‘is confronted with
problems which are immense both in range and complexity’, that ‘there are no
easy answers to these problems and progress is bound to be slow’, and that
consequently emphasis should be placed instead upon ‘research into the use of
various forms of treatment and the measurement of their results, since this is
concerned with matters that can be analysed more precisely’ (Home Office
1959: 5). The Home Office Research Unit began its work squarely within this
newly constructed framework of science-for-government, using the method
ologies of social science to measure and improve the effectiveness of penal
treatments and trying to harness the concepts and classifications of academic
criminology to the work of administering criminal justice institutions. Nor was
it surprising that the paradigmatic study which shaped much of the unit’s
research in the first decade of its existence should be a prediction study—
precisely the kind of work that formed a junction point between criminology’s
scientific and governmental concerns—and one, moreover, that focused on
the Borstal, the British institution which more than any other embodied the
correctionalist ideals of a scientific penology. The distinctive mixture of
advanced statistical technique, correctively orientated classificatory concerns,
and obvious policy relevance which characterized Mannheim and Wilkins’
Prediction Methods in Relation to Borstal Training (1955) came to be the
hallmark of the Research Unit’s work throughout the 1950s and 1960s (see
Clarke and Cornish 1983).
EPILOGUE
By the 1960s, then, one could say with confidence that a discipline of crim
inology had come into existence in Great Britain. Centred on the core insti
tutions at Cambridge and London, but increasingly building a significant
presence in universities and colleges throughout the country, the subject was
well placed to benefit from the rapid expansion of higher education which
occurred during this decade, and in the space of a few years criminology took
on, rather suddenly, the character of a well-established discipline (see Rock
1988b). Indeed, such was the success of the new discipline in becoming a part
of the academic scheme of things that many of its younger members seemed
not to be aware of just how recently the battle for recognition had been won.
Thus, in the critical writings which emerged in the late 1960s and 70s, in which
a new generation of criminologists mounted a radical assault on all that had
gone before, one gets the sense that what is being attacked is a very powerful
criminological establishment, rather than a parvenu and somewhat precarious
subject still in the process of constituting itself.38
38 For examples of the radically self-critical criminology of this period, sec Cohen 1971; Taylor
and Taylor 1973; Taylor, Walton, and Young 1973; Taylor et al. (1975). In the context of these
polemics—through which contemporary readers too often interpret the past—it is easy to forget
The Development of British Criminology 51
that structured the field in the 1960s and 1970s. The Sociology of Deviance: An
Obituary by Colin Sumner (Buckingham: Open University Press, 1994) is an
extended essay on the history of‘the sociology of deviance’, a form of analysis
that bears an oblique and often critical relationship to criminology.
Finally, there are several works of social and intellectual history which, in
their own way and for their own purposes, explore particular aspects of crim
inology’s past. The most important of these are Daniel Pick’s Faces of
Degeneration: A European Disorder, C.1848-C.1918 (Cambridge: Cambridge
University Press, 1989), which situates Lombroso’s work in the context of a
history of the language of ‘degeneration’; Robert Nye’s Crime, Madness and
Politics in Modern France: The Medical Concept of National Decline
(Princeton: Princeton University Press, 1984), which develops a social history
of the medical concept of deviance that played such a large role in the emer
gence of a scientific criminology; and Martin Wiener’s Reconstructing the
Criminal: Culture, Law and Policy in England, 1830-1914 (Cambridge:
Cambridge University Press, 1990), which traces the relationship between
criminology, criminal policy, and broader cultural change.
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