With the introduction of the Criminal Justice and Licensing Act (Scotland) 2010, the Community Payback Order became the default non-custodial criminal justice sentence in Scotland as of February 1st 2011. The order’s focus upon reparation as a means to reintegrate offenders back into the community represented a shift away from retributive practices towards a relationally beneficent approach. The terms of the order, however, remain ambiguous. Lingering suspicions as to how this philosophical switch in policy manifests itself in practice remain. By ethnographically studying the working practices of Criminal Justice Social Workers’, this study presents CPO’s articulation of reparation as practiced. In addition the role of the social worker is interrogated using a performative lens to understand how the tensions between reparation and retribution, care and control, the courts and their clients, are made coherent in their practices. As a result the barriers to enacting a reparationally oriented criminal justice response are articulated so that the Habermasian intersubjectivity that reparation requires can be more wholly understood in the context of criminal justice workplaces for future practice innovations.

This thesis explores recent Scottish penal culture through the biographical narrative accounts of retired judges. Insights from the sociology of punishment are used to develop a more fully cultural approach to the judiciary and to sentencing practice. This entails a view of the judiciary as a complex institution whose practices reflect tension and compromise, and which recognises judges as bearers of penal culture through their sentencing practices. The aims of the research are twofold: to provide insight into the changing conditions of judging in Scotland and into the judicial role in criminal justice. Narrative research methods were used to interview retired judges and gain contextual accounts of judicial life and practice. This approach focuses on subjectivity and on individual responses to experiences and constraints. Reflecting the judicial role in punishment, an interpretive position based on the hermeneutics of faith and suspicion is used to evaluate and interpret these narrative accounts. This conceptual and methodological framework is used to explore aspects of judicial occupational culture including training and early experiences, the status of criminal work, judicial conduct, collegiality, the influence of criminological research on sentencing practice, and the relevance of the ‘master narrative’ - judicial independence - to sentencing. It is also used to explore the frameworks of meaning and vocabularies of motive which judges bring to penal practice. What emerges from these judicial narratives is firstly the entanglement of individual life histories and organisational imperatives. Secondly, a picture emerges of a judicial habitus that includes complex motivations, some openness to new approaches, and capacity for reflecting on the conditions which structure and constrain criminal justice practice. This suggests the reflexive judge may be an important vector of penal change and there are implications for judicial training, penal reform and for the dissemination of criminological and criminal justice research.

The following thesis can be read as a socio-historical case study of the emergence of risk discourses within the Scottish Criminal Justice System, particularly in relation to offenders who are defined by their dangerousness. It focuses on the emergence of the Risk Management Authority (RMA) which was set up under recommendation of the MacLean Committee in 2000. The thesis examines the broader social and cultural forces from which the Risk Management Authority emerged by drawing on Hegel’s notion of ‘Ethical Life’ (Sittlichkeit) as a means of framing institutional change. By way of a re-interpretation of Hegel, through the lens of critical theory, it seeks to historicise and make problematic the concepts and assumptions surrounding our understanding of modernity. Through the concepts of reflexivity, legitimacy and indeterminacy it offers a critique of the existing sociology of risk, which places risk at the centre of debates on modernity, contingency and the self-understanding of society. This critique offers a conceptualisation of penal institutions as not just administering punishment, but as instrumental in the constitution of human subjectivity.