Pain in Vain: Penal Abolition and the Legacy of Louk Hulsman
By Justin Piché (Editor, Translator), Jehanne Hulsman (Translator)
In the 1960s-70s, the abolition of prisons was considered a desirable and viable policy option among a growing number of critical prison scholars and organizers. Penal system bureaucrats and their political masters in several western liberal democracies also sought a significant reduction in the use of incarceration. Yet, despite this rhetoric and the growth of alternatives to incarceration that ensued, prison populations in many parts of the world instead began to soar.
It is in this context that Louk Hulsman, a founder of prison abolitionism, suggested that the abolition of prisons depended not on the creation of community-based sanctions, but on the abolition of criminalization and punishment as a way of thinking about and responding to ‘crime’.
While Hulsman’s call for penal abolition became influential amongst scholars and activists, the complexity of his analysis and its origins have often been overlooked. In part, this is due to the fact that he unpacked his ideas in the greatest depth during a course of interviews with Jacqueline Bernat de Celis in Peines perdues: le système pénal en question (Le centurion, 1982).
This edited anthology seeks to address this gap by providing the de Celis interviews in English for the first time and including reflections by academics, activists, politicians, policymakers, and practitioners analyzing the global impact of Louk Hulsman’s life and work. In so doing, this project highlights the contemporary viability of abolitionism, along with the challenges faced by its proponents.
Table of Contents
Introduction
8
Reflections On Contemporary Abolitionist Struggles And The Continued Relevance Of Louk Hulsman’s Insights
7 Justin Piché
Notes On Translation, Language And The Origins Of Pain In Vain
15 Jehanne Hulsman
Part I
Pain In Vain – Challenging The Penal System Interviews With A Penal Abolitionist
23 Louk Hulsman And Jacqueline Bernat De Celis
The Abolitionist Perspective Presented In Two Phases
63 Louk Hulsman And Jacqueline Bernat De Celis
Part II
Toward Penal Abolition – Global Perspectives
Abolition And Dutch Drug Policy: The Process Of Abolition From The Dutch Perspective
149 Andreas Van Agt
Abolishing Penal Abolition: The French Case
153 Philippe Robert
The Impact Of Hulsman’s Ideas On The Control Of Problematic Situations: The Case Of Serbia
173 Djordje Ignjatović And Milana Ljubičić
The Urgency To Challenge The Power To Punish In Brazil: Learning From Louk Hulsman
193 Maria Lucia Karam
Why Criminal Lawyers Ought To Read Peines Perdues
207 Eugenio Raúl Zaffaroni
Escaping The Logic Of Crime: Language, Categorization And The Writings Of Louk Hulsman
215 David Scott
Inspirations To Dissent: The Legacy Of Louk Hulsman’s Life/Work
235 Andrea Beckmann
The New Man And The Abolition Of Punishment: Hulsman’s Approach And Its Similarities With The Anarchist Tradition
257 Alejandro Forero Cuéllar
Conclusion: Building On The Legacy Of Louk Hulsman By Addressing Limitations In Early Penal Abolitionist Thought
275 Justin Piché
About The Contributors
287