Penal (Ant)Agonism

Koehler, Johann AugustORCID logo (2019) Penal (Ant)Agonism Law and Social Inquiry, 44 (3). pp. 799-805. ISSN 0897-6546
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In Breaking the Pendulum, Goodman, Page, and Phelps (2017) advance an “agonistic” perspective that contends struggle drives penal change, and that it does so through perpetual conflict. Yet studying only manifest struggles, when an actor made their resistance to a penal status quo known, presents thorny problems in conceptualizing conflict. One such problem is that conflict among agonists advocating competing penal policies presupposes consensus between those who threaten penal order’s basic conditions. Understanding penal agonism’s corollary, penal antagonism, offers a more complete starting point from which to theorize penal history and penality.

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