While John Howard and the other prison reformers of the 1770s drew support
from European institutional models, they also owed much of their conceptual
framework for a penitentiary regime to other reform movements in England.
The broad common thrust of these movements was the need to institutionalize
fundamental changes in the morality and behaviour of the poor. Thus, progressive
doctors involved with the hygienic reform of hospitals saw their cause
as a moral no less than a medical crusade. The sickness of the poor was
interpreted as the outward sign of their inward want of discipline and
morality. 'Since disease had moral as well as physical causes, hygienic
rituals were designed to fulfil disciplinary functions. To teach the poor
to be clean, it was necessary to teach them to be godly, tractable, and
self-disciplined.'19 The clear association
between the conceptual framework of the hospital and prison reformers
is well described by Ignatieff.
Jonas Hanway [one of Howard's close associates] was
arguing within [the doctors'] categories when he described crime as a
disease 'which spreads disruption like pestilence and immorality as an
epidemical disorder which diffuses its morbid qualities'. Like the doctors,
he saw crime arising from the same source as disease, from the squalid,
riotous and undisciplined quarters of the poor. Prisons, too, were breeding
grounds of pestilence and crime alike. In the fetid and riotous wards
of Newgate, the 'contagion' of criminal values was passed from hardened
offender to novice, just as typhus spread from the 'old lags' to the recent
arrivals. Like the hospital, the penitentiary was created to enforce a
quarantine, both moral and medical. Behind its walls, the contagion of
criminality would be isolated from the healthy, moral population outside.
Within the prison itself the separate confinement of each offender in
a cell would prevent the bacillus of vice from spreading from the hardened
to the uninitiate.2O
In his proposals for reform of the prisons, Howard was insistent that
punishment, in order to be effective, must maintain its moral legitimacy
in the eyes of both the public and the offender. For Howard the most painful
punishments and those that aroused the greatest guilt were those' that
observed the strictest standards of justice and morality.
From such punishment there could be no psychological
escape into contempt for the punisher, assertions of innocence, or protests
against its cruelty. Nothing in the penalties' infliction would divert
offenders from contemplating their own guilt. Once convinced of the justice
of their sentence and the benevolent intentions of their captors, they
could only surrender to the horrors of remorse.21
It is important to realize that Howard's concern to re-establish the
legitimacy of punishment was not simply directed to the law-abiding public;
it was equally applicable to the criminals who were subjected to that
punishment. This is how Howard himself put it:
The notion that convicts are ungovernable is certainly
erroneous. There is a mode of managing some of the most desperate with
ease to yourself and advantage to them. Show them that you have humanity,
and that you aim to make them useful members of society; and let them
see and hear the rules and orders of the prison that they may be convinced
that they are not defrauded in their provisions or clothes by contractors
or gaolers. Such conduct would prevent mutiny in prisons and attempts
to escape; which I am fully persuaded are often owing to prisoners being
made desperate by profainness, inhumanity and ill-usage of their Keepers.22
Howard and the other leading reformers rejected the idea of punishment
as an act of vengeance. In the words of Jeremy Bentham, the principal
theoretician of utilitarianism, punishment was to be 'an act of calculation,
disciplined by considerations of the social good and the offender's needs.'23
John Howard proposed that the 'gothic mode of correction' be replaced
by 'the more rational plan of softening the mind in order to aid its amendment.'24
As another contemporary commentator put it, 'There are cords of love as
well as fetters of iron.'25 Page 4 of 11
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