Punishment as a Public Sentimental Outlet in a Neoliberal Era: Understanding Penal Populism

Hu, Jianxuan

Abstract

Penal populism is a form of populism, described by John Pratt (2007) as a phenomenon where the public exhibits extreme hostility toward crime and offenders, fervently advocating for harsher punishments. This attitude emphasises the interests of the community and the well-being of victims over the rights of defendants. While the conceptualisation of penal populism—and populism more broadly—faces ambiguities, challenges, and controversies, this paper applies a multilayered model based on Gary Goertz’s methodology. Penal populism is defined here as a social phenomenon characterised by radical support for punishing those deemed ‘bad’ and supporting those considered ‘good’, relying heavily on the common sense of ordinary people and dismissing legal formalities and procedures.
Building on this conceptualisation, the paper highlights the emotional demands underpinning penal populism, which stem from an increasingly fragile and fragmented society alongside neoliberal shifts since the end of the last century. In this context, people have faced widening class gaps, rising unemployment, and economic crises, from which they derive a sense of powerlessness. This paper argues that support for harsher punishments and the pursuit of ‘just deserts’ reflect an underlying desire to assert dominance over offenders (‘the others’) as part of a broader attempt to regain a sense of power and control. Punishment, carried out through state action, legitimises these feelings by communicating societal contempt and disgust toward offenders in the most authoritative manner. As such, punishment becomes a core method of ‘legitimate vengeance’.

Citation

Hu, J. (2025, April). Punishment as a Public Sentimental Outlet in a Neoliberal Era: Understanding Penal Populism. Presented at The Socio-Legal Studies Association (SLSA) Annual Conference 2025, Liverpool

• Presentation Conference Type: Presentation / Talk
• Conference Name: The Socio-Legal Studies Association (SLSA) Annual Conference 2025
• Start Date: Apr 15, 2025
• Acceptance Date: Jan 1, 2025
• Publication Date: Apr 17, 2025
• Deposit Date: Apr 25, 2025
• Peer Reviewed: Not Peer Reviewed
• Public URL: https://durham-repository.worktribe.com/output/3798825