Prohibitionism contributions for a debate about the social goals of justice institutions António Pedro Dores, June 2004 http://home.iscte.pt/~apad Dep. Sociologia e CIES / ISCTE, Lisboa -Portugal

Practical problem At least half of inmates world wide participate in drug market Struggle against drug addicted has been unsuccessful World economy is drug addict What is prohibicionism as a social process?

Sociological problem How homeopathic institutional judicial interventions organize (in)security feelings and (des)order?

Sociological hypothesis Justice modern dogmatic goals should not be accepted as part of social theory Justice should not be understood as superstructure but as infrastructure Justice should be understood as a weberian way of disposing social violence, using it

Prohibitions Quotidian prohibitions should be understand as institutional violence menace serving social parties against another parties Justice institutions serve political design legality Justice is another way to proceed with politics, even – or because – the state powers separation democratic principal

Prohibitionism Specialized law (commercial, labour, criminal, fiscal) has to match and has to manipulate different kinds of social relationships Each kind of law and jurisprudence are used to control market boarders and social actors liberty Expanding criminal law (as “drug war” does) means more legal violence against excluded people and less liberty degrees available

Prisons Prison systems all over the world serves prohibitionist global policy Prison system is part of the institutional apparatus of neo-liberal violence against excluded people Prison Reform must be a moral discussion on civilizational political goals END

Prohibitionism Modernity structure (infra-structure-violence vs super-structure-control) Maintenance and transformation (social movements vs institutions) Prohibitions as judicial manipulation of judicial institutions