Deconstructing the delinquent as a subject of class and cultural power

Journal of Law and Society

Volumn 24, Issue 4, 1997, Pages 526-551

  Gray, Patricia ^a  

^a UNIVERSITY OF HONG KONG   (Hong Kong)

Author keywords

[No Author keywords available]

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EID: 0040056473     PISSN: 0263323X     EISSN: None     Source Type: Journal    
DOI: 10.1111/1467-6478.00059     Document Type: Article

References (155)

1. See C. Smart, Law, Crime and Sexuality: Essays in Feminism (1995).
2. See D. Garland, Punishment and Modern Society: A Study in Social Theory (1990).
3. id., p. 278.
4. See P. Gray, 'Juvenile Justice and the Control of Delinquent Youth'(1993; unpublished Ph.D. thesis, University of Bristol) for an account of the origins of this approach and its debt to Marxist and Foucauldian analyses of the state and penal system.
5. See nn. 95, 96 below and accompanying text for a further development of this argument.
6. See J.Y.S. Cheng (ed.), Hong Kong in Transition (1986).
7. See B. Leung, 'Class and Class Formation in Hong Kong Studies' in Inequalities and Development: Social Stratification in Chinese Societies, eds. S. Lau et al. (1994).
8. See I. Scott, Political Change and the Crisis of Legitimacy in Hong Kong (1989).
9. See N.W.S. Chow, 'The Past and Future Development of Social Welfare in Hong Kong' in Cheng, op. cit., n. 6.
10. See S. Hall and B. Schwarz, 'State and Society 1880-1930' in Crises in the British State 1880-1930, eds. M. Langan and B. Schwarz (1985); S. Hall, The Hard Road to Renewal: Thatcherism and the Crisis of the Left (1988). Hall argues that in the early twentieth century a succession of socio-political and economic crises in the United Kingdom disrupted the hegemonic consensus enjoyed by the mid-nineteenth-century Victorian state, necessitating the reconstruction of state power on the basis of a new mode of hegemony. This saw the emergence of the liberal-democratic state (the forerunner of the post-war welfare state).
11. See S. Hall and B. Schwarz, 'State and Society 1880-1930' in Crises in the British State 1880-1930, eds. M. Langan and B. Schwarz (1985); S. Hall, The Hard Road to Renewal: Thatcherism and the Crisis of the Left (1988). Hall argues that in the early twentieth century a succession of socio-political and economic crises in the United Kingdom disrupted the hegemonic consensus enjoyed by the mid-nineteenth-century Victorian state, necessitating the reconstruction of state power on the basis of a new mode of hegemony. This saw the emergence of the liberal-democratic state (the forerunner of the post-war welfare state).
12. The 1980s and 1990s have been a period of consolidation, in which the liberal-consultative state has continued to pursue the same hegemonic path despite opposition from the People's Republic of China. See P. Gray, 'The Emergence of the Disciplinary Welfare Sanction in Hong Kong' (1997) 36 Howard J. of Criminal Justice 187, at 191.
13. Gray, id., provides a more detailed history of the struggle over delinquency management strategies in the Hong Kong juvenile justice system.
14. Other social forces were also involved. See id.
15. See J. Donzelot, The Policing of Families (1979), who adopts this concept to describe the role of the juvenile court in regulating the delinquent behaviour of working-class youth.
16. See P. Gray, 'Juvenile Crime and Disciplinary Welfare' in Crime and Justice in Hong Kong, eds. H. Traver and J. Vagg (1991), for an analysis of sentencing trends in the 1980s.
17. D. Garland, Punishment and Welfare: A History of Penal Strategies (1985), presents a similar argument in relation to the birth of the twentieth-century penal-welfare complex in the United Kingdom.
18. See M. Foucault, Power/Knowledge: Selected Interviews and Other Writings, 1972-1977, ed. C. Gordon (1980); B. Smart, 'The Politics of Truth and the Problem of Hegemony' in Foucault: A Critical Reader, ed. D.C. Hoy (1986). Smart provides a useful analysis of how Foucault's power/knowledge thesis, on which this argument is based, can be linked to the concept of hegemony.
19. See M. Foucault, Power/Knowledge: Selected Interviews and Other Writings, 1972-1977, ed. C. Gordon (1980); B. Smart, 'The Politics of Truth and the Problem of Hegemony' in Foucault: A Critical Reader, ed. D.C. Hoy (1986). Smart provides a useful analysis of how Foucault's power/knowledge thesis, on which this argument is based, can be linked to the concept of hegemony.
20. Foucault, id., p. 131.
21. id., p. 133.
22. See A. Ng, Social Causes of Violent Crimes Among Young Offenders in Hong Kong (1975); Hong Kong Government, Report of the Working Group on Juvenile Crime (1981); N. Chow et al., A Study of the Values, Leisure, Behaviour and Misbehaviour of the Youth in Tsuen Wan and Kwai Chung (1985); N. Chow et al., A Comparison of Parental Supervision and School Education of Deviant and Non-Deviant Adolescents (1987); A. Ng and Y. Chung, 'Social Factors in Adolescent Deviant Behaviour in Hong Kong: An Integrated Theoretical Approach' (1988) 12 International J. of Comparative and Applied Crim. Justice 27. Ng's research was the most influential.
23. See A. Ng, Social Causes of Violent Crimes Among Young Offenders in Hong Kong (1975); Hong Kong Government, Report of the Working Group on Juvenile Crime (1981); N. Chow et al., A Study of the Values, Leisure, Behaviour and Misbehaviour of the Youth in Tsuen Wan and Kwai Chung (1985); N. Chow et al., A Comparison of Parental Supervision and School Education of Deviant and Non-Deviant Adolescents (1987); A. Ng and Y. Chung, 'Social Factors in Adolescent Deviant Behaviour in Hong Kong: An Integrated Theoretical Approach' (1988) 12 International J. of Comparative and Applied Crim. Justice 27. Ng's research was the most influential.
24. See A. Ng, Social Causes of Violent Crimes Among Young Offenders in Hong Kong (1975); Hong Kong Government, Report of the Working Group on Juvenile Crime (1981); N. Chow et al., A Study of the Values, Leisure, Behaviour and Misbehaviour of the Youth in Tsuen Wan and Kwai Chung (1985); N. Chow et al., A Comparison of Parental Supervision and School Education of Deviant and Non-Deviant Adolescents (1987); A. Ng and Y. Chung, 'Social Factors in Adolescent Deviant Behaviour in Hong Kong: An Integrated Theoretical Approach' (1988) 12 International J. of Comparative and Applied Crim. Justice 27. Ng's research was the most influential.
25. See A. Ng, Social Causes of Violent Crimes Among Young Offenders in Hong Kong (1975); Hong Kong Government, Report of the Working Group on Juvenile Crime (1981); N. Chow et al., A Study of the Values, Leisure, Behaviour and Misbehaviour of the Youth in Tsuen Wan and Kwai Chung (1985); N. Chow et al., A Comparison of Parental Supervision and School Education of Deviant and Non-Deviant Adolescents (1987); A. Ng and Y. Chung, 'Social Factors in Adolescent Deviant Behaviour in Hong Kong: An Integrated Theoretical Approach' (1988) 12 International J. of Comparative and Applied Crim. Justice 27. Ng's research was the most influential.
26. See A. Ng, Social Causes of Violent Crimes Among Young Offenders in Hong Kong (1975); Hong Kong Government, Report of the Working Group on Juvenile Crime (1981); N. Chow et al., A Study of the Values, Leisure, Behaviour and Misbehaviour of the Youth in Tsuen Wan and Kwai Chung (1985); N. Chow et al., A Comparison of Parental Supervision and School Education of Deviant and Non-Deviant Adolescents (1987); A. Ng and Y. Chung, 'Social Factors in Adolescent Deviant Behaviour in Hong Kong: An Integrated Theoretical Approach' (1988) 12 International J. of Comparative and Applied Crim. Justice 27. Ng's research was the most influential.
27. See Gray, op. cit., n. 11.
28. This is based on Smart's argument, op. cit., n. 1, pp. 71 and 187, that the 'law is gendered'. As a corollary to her argument disciplinary welfare discourses are 'gendered' as well as 'classed'. However this article will not pursue the gender issue, as the empirical data is based on the experiences of males in the youth justice system.
29. See Foucault, op. cit., n. 17.
30. M. Foucault, Discipline and Punish: The Birth of the Prison (1977) 191.
31. id., p. 16.
32. See n. 20 for an outline of the research which informed the investigation in Hong Kong.
33. Despite the dominance of disciplinary welfare discourses, legal discourses also make a significant contribution to decision-making in the Hong Kong juvenile court. For an analysis of how the two discourses intertwine in the construction of the 'delinquent' as a subject of power, see Gray, op. cit., n. 4.
34. Foucault, op. cit., n. 24, pp. 170-92.
35. See Garland, op. cit., n. 2.
36. See S.K. Lau and H.C. Kuan, The Ethos of the Hong Kong Chinese (1988).
37. This analysis is derived from Smart's thesis, op. cit., n. 1, about the nature of legal discourses.
38. The research aimed to explore how existing sentencing options were used for different types of offenders, by following the careers of eighty-eight male juvenile offenders up to their current court sentence. The sample was randomly drawn from six of the eight juvenile courts in Hong Kong, and the cases were equitably distributed amongst the five sentencing choices discussed in the text (although a higher percentage of cases were sentenced to probation or probation homes). The researcher traced the careers of the juveniles through a content analysis of court records and reports. In addition, all juvenile court professionals - such as magistrates, probation officers, and correctional services staff - were interviewed in depth to explore the rationale behind their recommendation or decision.
39. See Lau and Kuan, op. cit., n. 30.
40. See D.Y.F. Ho, 'Filial Piety and its Psychological Consequences' in The Handbook of Chinese Psychology, ed. M.H. Bond (1996).
41. See D.Y.H. Wu, 'Chinese Childhood Socialization' in Bond, id.
42. See A.H.Y. Chen, 'Justice After 1997' in Crime and Justice in Hong Kong, eds. H. Traver and J. Vagg (1991).
43. Even in contemporary China 'codified law' continues to be of secondary importance to 'normative rules' of conduct. However, recent research reveals growing interest in legal and human rights issues in the People's Republic of China. See A.H.Y. Chen, 'Developing Theories of Rights and Human Rights in China' in Hong Kong, China and 1997: Essays in Legal Theory, ed. R. Wacks (1993).
44. See B. Hsu, The Common Law: In Chinese Context (1992). Hong Kong Chinese attitudes to the legal system reflect a complex mixture of Western and traditional ways of thinking. While Hsu is talking about the whole legal system, I have focused this argument specifically on the juvenile justice system.
45. In my research, few social-work professionals, all Chinese, referred to the legal rights of young people; any mention of such concepts inevitably came from Western-trained lawyers and magistrates. See op. cit., n. 27.
46. See Ho, op. cit., n. 34; Wu, op. cit., n. 35.
47. See C.S. Chen et al., 'Academic Achievement and Motivation of Chinese Students: A Cross-National Perspective' in Growing Up the Chinese Way: Chinese Child and Adolescent Development, ed. S. Lau (1996).
48. Triads were originally ancient, and possibly mythical, Chinese cults. However, the modern associations which use the name are a complete perversion of the laudable principles of the old societies. Although often adhering to traditional ceremonies and titles, today's triads are no more than criminal gangs and are in effect the Chinese equivalent of the Mafia.
49. Probation is the main community-based sentencing disposal in the Hong Kong juvenile justice system. In 1992, 57 per cent of juvenile offenders (seven to below sixteen years) convicted of indictable offences were placed on probation. Community service orders (offenders aged fourteen years and above) should also be included here. However in 1989 fewer than 1 per cent of juvenile offenders received such a sentence, and in 1992 none (compiled from unpublished data provided by the Judiciary).
50. See n. 76 below and accompanying text for the criminal career data on juveniles sentenced to probation homes.
51. See n. 76 below and accompanying text for the criminal career data on juveniles sentenced to reformatory schools.
52. However, many are first-timers convicted of a fairly minor crime. See nn. 73, 77 below and accompanying text.
53. Imprisonment is a rare event in the juvenile court (except for illegal immigrants from China who receive a mandatory prison sentence). Juvenile justice personnel in Hong Kong view the prison as what Garland, op. cit., n. 16, p. 243, describes as the 'coercive terminus' of the criminal justice system, with high potential for punishment but of little value in achieving the corrective normalization of delinquent youth.
54. Juveniles (aged fourteen years and above) are sentenced to a detention centre for an indeterminate period between three to twelve months with one year of after-care supervision upon discharge.
55. Juveniles (aged fourteen years and above) are sentenced to a training centre for an indeterminate period between six months to three years with three years of after-care supervision upon discharge.
56. See Foucault, op. cit., n. 17.
57. M. Foucault, The History of Sexuality: An Introduction (1979) 139.
58. id.
59. B. Smart, Foucault, Marxism and Critique (1983) 122; B. Jessop, State Theory: Putting Capitalist States in Their Place (1990) ch. 9.
60. B. Smart, Foucault, Marxism and Critique (1983) 122; B. Jessop, State Theory: Putting Capitalist States in Their Place (1990) ch. 9.
61. See, for example, Garland, op. cit., n. 2, pp. 280 and 286. Indeed, Garland stresses the interrelationship of social forces on several occasions, but never explains how this process operates in practice.
62. See T. Wong and T. Lui, Reinstating Class: A Structural and Development Study of Hong Kong Society (1992).
63. See W. Tsang, 'Consolidation of a Class Structure: Changes in the Class Structure of Hong Kong' in Inequalities and Development: Social Stratification in Chinese Societies, eds. S. Lau et al. (1994).
64. See T. Wong and T. Lui, From One Brand of Politics to One Brand of Political Culture (1992); T. Wong and T. Lui, 'Morality and Class Inequality' in 25 Years of Social and Economic Development in Hong Kong, eds. B. Leung and T. Wong (1994).
65. See T. Wong and T. Lui, From One Brand of Politics to One Brand of Political Culture (1992); T. Wong and T. Lui, 'Morality and Class Inequality' in 25 Years of Social and Economic Development in Hong Kong, eds. B. Leung and T. Wong (1994).
66. See J. Vagg et al., The Social Causes of Juvenile Crime in Hong Kong: The Final Report (1995).
67. id., p. 91; the socio-economic situation of caught offenders was lower than that of most of the higher-scoring self-report delinquents in the general youth sample.
68. id., p. 101; compared to the general youth sample caught offenders had a poorer educational background. See also G.A. Postiglione (ed.), Education and Society in Hong Kong: Towards One Country and Two Systems (1992), for an analysis of the impact of class differentials on income and educational attainment.
69. id., p. 101; compared to the general youth sample caught offenders had a poorer educational background. See also G.A. Postiglione (ed.), Education and Society in Hong Kong: Towards One Country and Two Systems (1992), for an analysis of the impact of class differentials on income and educational attainment.
70. T. Chapman and J. Cook, 'Marginality, Youth and Government Policy in the 1980s' (1988) 8 Critical Social Policy 41, at 45.
71. See C. Sumner, 'Rethinking Deviance: Towards a Sociology of Censure' in Censure, Politics and Criminal Justice, ed. C. Sumner (1990).
72. See P. Scraton and K. Chadwick, 'The Theoretical and Political Priorities of Critical Criminology' in The Politics of Crime Control, eds. K. Stenson and D. Cowell (1991).
73. See Gray, op. cit., n. 11. Prosecutions for 'public order' type offences rise significantly at such times, and sentencing is harsher.
74. See H. Parker et al., Receiving Juvenile Justice (1981); M. McConville et al., The Case for the Prosecution (1991). As a British Colony, the Hong Kong juvenile justice system bears a striking resemblance to its United Kingdom counterpart. There is very little critical commentary on the Hong Kong system, therefore it is useful to draw parallels with criticisms made about the United Kingdom system.
75. See H. Parker et al., Receiving Juvenile Justice (1981); M. McConville et al., The Case for the Prosecution (1991). As a British Colony, the Hong Kong juvenile justice system bears a striking resemblance to its United Kingdom counterpart. There is very little critical commentary on the Hong Kong system, therefore it is useful to draw parallels with criticisms made about the United Kingdom system.
76. In Vagg et al.'s research, op. cit., n. 58, p. 91, the majority of the offender sample lived in public housing estates, where an average family flat would comprise approximately forty-two square metres.
77. See Hong Kong Government, Fight Crime Committee, Reports nos. 8-14 (1988-1994).
78. Vagg et al., op. cit., n. 58, p. 115.
79. The same applies in the United Kingdom; see Parker et al. and McConville et al., op. cit., n. 65.
80. See P. Gray, Inside the Hong Kong Juvenile Court: The Decision-Making Process in Action (1994) 110; Vagg et al., op. cit., n. 58, p. 117.
81. See P. Gray, Inside the Hong Kong Juvenile Court: The Decision-Making Process in Action (1994) 110; Vagg et al., op. cit., n. 58, p. 117.
82. Parker et al., op. cit., n. 65, p. 96.
83. See Gray, op. cit., n. 70, p. 112. In my research many of the cases classified by the police as 'robbery' involved no more than schoolboy bullying.
84. See Vagg et al., op. cit., n. 58, pp. 90 and 122.
85. In my research, over 12 per cent of the sample were prosecuted for such types of crimes; Gray, op. cit., n. 70, p. 111.
86. Few middle-class youngsters are subjected to tutelage through criminal justice proceedings. In my research, only two of the sample came from professional middle-class families. In the first case, the boy was prosecuted for stealing a car radio. His two codefendants came from lower-working-class backgrounds. One was placed in a probation home (first offender) and the other in a reformatory school (already on probation for a minor theft). Even though his two co-defendants claimed that he had initiated the crime, the middle-class boy was deemed to have been led astray and given a conditional discharge. Both co-defendants received harsher sentences because their behaviour was stereotyped as 'wild' and 'rebellious' and their families as inadequate. However, the middle-class boy was considered to have come from a respectable family, particularly as the father arrived with a private lawyer and promised to send the boy to boarding school in Canada. In the second case, the boy's crime (stealing ladies underwear) was 'medicalized', and he was placed on a 'care and protection order' with the condition that he seek private psychiatric treatment. The parents had separated after a somewhat messy divorce. The boy's crime was seen as a 'cry for help' resulting from the trauma of being shuttled between the two parents; Gray, op. cit., n. 4.
87. Hong Kong Social Welfare Department, Recidivism Study on Young Offenders (1992).
88. Hong Kong Commissioner of Correctional Services, Annual Statistical Tables 1995 (1996). Detention centre statistics refer to young offenders under twenty-four.
89. See J. Larrain, The Concept of Ideology (1979), Marxism and Ideology (1983), and Ideology and Cultural Identity: Modernity and the Third World Presence (1994).
90. See J. Larrain, The Concept of Ideology (1979), Marxism and Ideology (1983), and Ideology and Cultural Identity: Modernity and the Third World Presence (1994).
91. See J. Larrain, The Concept of Ideology (1979), Marxism and Ideology (1983), and Ideology and Cultural Identity: Modernity and the Third World Presence (1994).
92. J. Larrain, 'Stuart Hall and the Marxist Concept of Ideology' (1991) 8 Theory, Culture and Society 1, at 21.
93. id., p. 21.
94. C. Mouffe, 'Hegemony and Ideology in Gramsci' in Gramsci and Marxist Theory, ed. C. Mouffe (1979) 191. Mouffe actually uses the term 'ideological' rather than 'discursive' in this quote, but as she is using ideology in the positive sense, I have switched the words to avoid confusion in the text.
95. id., p. 193. Mouffe contends that there is only 'one' articulating principle and that it 'always' reflects class interests. I disagree with this argument as there may be several interrelated articulating principles in any one hegemonic formation, promoting not only class interests but also those of other social forces - such as race or gender. Mouffe also adopts this position in her later work, but in the process totally decentres the issue of class; see E. Laclau, New Reflections on the Revolution of Our Time (1990).
96. id., p. 193. Mouffe contends that there is only 'one' articulating principle and that it 'always' reflects class interests. I disagree with this argument as there may be several interrelated articulating principles in any one hegemonic formation, promoting not only class interests but also those of other social forces - such as race or gender. Mouffe also adopts this position in her later work, but in the process totally decentres the issue of class; see E. Laclau, New Reflections on the Revolution of Our Time (1990).
97. This analysis is drawn from J.B. Thompson, Ideology and Modern Culture (1990) 52-67.
98. Contrary to popular belief, Larrain, op. cit., n. 78, argues that Marx never interpreted ideology in this way. Indeed Fegan criticizes classical Marxism based on this mistaken belief, but then proceeds to present a 'revised' version of ideology which is not unlike Marx's original critical conception; see E. Fegan, '"Ideology" after "Discourse": A Reconceptualization for Feminist Analyses of Law' (1996) 23 J. of Law and Society 173, and 'Fathers' Foetuses and Abortion Decision-Making: The Reproduction of Maternal Ideology in Canadian Judicial Discourse' (1996) 5 Social and Legal Studies 75.
99. Contrary to popular belief, Larrain, op. cit., n. 78, argues that Marx never interpreted ideology in this way. Indeed Fegan criticizes classical Marxism based on this mistaken belief, but then proceeds to present a 'revised' version of ideology which is not unlike Marx's original critical conception; see E. Fegan, '"Ideology" after "Discourse": A Reconceptualization for Feminist Analyses of Law' (1996) 23 J. of Law and Society 173, and 'Fathers' Foetuses and Abortion Decision-Making: The Reproduction of Maternal Ideology in Canadian Judicial Discourse' (1996) 5 Social and Legal Studies 75.
100. Contrary to popular belief, Larrain, op. cit., n. 78, argues that Marx never interpreted ideology in this way. Indeed Fegan criticizes classical Marxism based on this mistaken belief, but then proceeds to present a 'revised' version of ideology which is not unlike Marx's original critical conception; see E. Fegan, '"Ideology" after "Discourse": A Reconceptualization for Feminist Analyses of Law' (1996) 23 J. of Law and Society 173, and 'Fathers' Foetuses and Abortion Decision-Making: The Reproduction of Maternal Ideology in Canadian Judicial Discourse' (1996) 5 Social and Legal Studies 75.
101. Thompson, op. cit., n. 83, p. 56. Thompson does not link his concept of ideology specifically to 'class' domination as I have done in the text. Hence his analysis can equally be used to show how 'articulating principles' are mobilized by non-class social forces in the pursuit of hegemony. See also op. cit., n. 82.
102. Thompson, op. cit., n. 83, p. 56. Thompson does not link his concept of ideology specifically to 'class' domination as I have done in the text. Hence his analysis can equally be used to show how 'articulating principles' are mobilized by non-class social forces in the pursuit of hegemony. See also op. cit., n. 82.
103. T. Purvis and A. Hunt, 'Discourse, Ideology, Discourse, Ideology, Discourse, Ideology. . .' (1993) 44 Brit. J. of Sociology 473, at 497.
104. Such articulating elements may also be used by other social forces in the struggle for power. See op. cit., n. 82.
105. N. Poulantzas, Political Power and Social Classes (1973), and State, Power, Socialism (1918).
106. N. Poulantzas, Political Power and Social Classes (1973), and State, Power, Socialism (1978).
107. A. Giddens, The Constitution of Society: Outline of the Theory of Structuration (1984).
108. Poulantzas, op. cit. (1973), n. 88, argues that juridico-political discourses constitute economic agents as isolated individuals rather than members of competing classes, thus concealing from them the exploitative nature of capitalist social relations. The state then presents itself as the neutral representative of the general interests of a group of private individuals. This allows the state to protect the interests of the dominant classes by portraying their interests as those of the nation as a whole.
109. See Poulantzas, op. cit. (1978), n. 88; Jessop, op. cit., n. 53, p. 224.
110. Garland applies a similar analysis to the rehabilitative discourses of the modern penal-welfare complex in the West; op. cit., n. 16., ch. 3.
111. This analysis is adapted from Smart's arguments, op. cit., n. 1, about the gendering strategies of legal discourses.
112. Giddens, op. cit., n. 89; see also C.G.A. Bryant and D. Jary (eds.), Giddens' Theory of Structuration: A Critical Appreciation (1991).
113. Giddens, op. cit., n. 89; see also C.G.A. Bryant and D. Jary (eds.), Giddens' Theory of Structuration: A Critical Appreciation (1991).
114. Giddens, op. cit., n. 89, makes use of strategic conduct analysis to bring his concept of the 'duality of structure' to an empirical level. However, based on strategic-relational concepts, Jessop and Stones reformulate this as strategic context analysis; see R. Stones, 'Strategic Context Analysis: A New Research Strategy for Structuration Theory' (1991) 25 Sociology 673; B. Jessop, 'Interpretative Sociology and the Dialectic of Structure and Agency' (1996) 13 Theory, Culture and Society 119. I make use of this latter approach to argue that juvenile justice professionals engage in 'structurally inscribed strategic selectivity', that is the 'context' (or structural location) in which they make decisions influences their choice of strategies; Jessop, id., p. 124.
115. Giddens, op. cit., n. 89, makes use of strategic conduct analysis to bring his concept of the 'duality of structure' to an empirical level. However, based on strategic-relational concepts, Jessop and Stones reformulate this as strategic context analysis; see R. Stones, 'Strategic Context Analysis: A New Research Strategy for Structuration Theory' (1991) 25 Sociology 673; B. Jessop, 'Interpretative Sociology and the Dialectic of Structure and Agency' (1996) 13 Theory, Culture and Society 119. I make use of this latter approach to argue that juvenile justice professionals engage in 'structurally inscribed strategic selectivity', that is the 'context' (or structural location) in which they make decisions influences their choice of strategies; Jessop, id., p. 124.
116. Giddens, op. cit., n. 89, makes use of strategic conduct analysis to bring his concept of the 'duality of structure' to an empirical level. However, based on strategic-relational concepts, Jessop and Stones reformulate this as strategic context analysis; see R. Stones, 'Strategic Context Analysis: A New Research Strategy for Structuration Theory' (1991) 25 Sociology 673; B. Jessop, 'Interpretative Sociology and the Dialectic of Structure and Agency' (1996) 13 Theory, Culture and Society 119. I make use of this latter approach to argue that juvenile justice professionals engage in 'structurally inscribed strategic selectivity', that is the 'context' (or structural location) in which they make decisions influences their choice of strategies; Jessop, id., p. 124.
117. Giddens, op. cit., n. 89, makes use of strategic conduct analysis to bring his concept of the 'duality of structure' to an empirical level. However, based on strategic-relational concepts, Jessop and Stones reformulate this as strategic context analysis; see R. Stones, 'Strategic Context Analysis: A New Research Strategy for Structuration Theory' (1991) 25 Sociology 673; B. Jessop, 'Interpretative Sociology and the Dialectic of Structure and Agency' (1996) 13 Theory, Culture and Society 119. I make use of this latter approach to argue that juvenile justice professionals engage in 'structurally inscribed strategic selectivity', that is the 'context' (or structural location) in which they make decisions influences their choice of strategies; Jessop, id., p. 124.
118. Jessop, id., p. 125, argues that 'actors' can be regarded 'as reflexive, strategically calculating subjects oriented to the structural-conjunctural complexities of action contexts...'.
119. Foucault, op. cit., n. 17, p. 133.
120. Foucault, op. cit., n. 24, p. 298.
121. 'Income Inequality on the Rise' South China Morning Post, 16 February 1997, p. 4.
122. Gray, op. cit., n. 4.
123. Hong Kong Census and Statistics Department, 1996 Population By-Census: Summary Results (1996) 33.
124. See Hong Kong Census and Statistics Department, Quarterly Report on General Household Survey: July to September 1996 (1996).
125. See Wong and Lui, op. cit., n. 57, whose research shows that cultural 'norms' in Hong Kong are differentially constructed and interpreted across the classes, depending on experiences of social mobility, availability of socio-economic resources, and class location.
126. See S. Lau, 'Self-Concept Development: Is There a Concept of Self in Chinese Culture?' in Lau, op. cit., n. 41.
127. The impact of class differentials on social life has only recently emerged as a topic of research in Hong Kong; see op. cit., nn. 55, 56, 57, and accompanying text. Hence, there is very little critical commentary on the family, except that centred around the structural-functionalist paradigm; see B.K.P. Leung, Perspectives on Hong Kong Society (1996) ch. 4.
128. The impact of class differentials on social life has only recently emerged as a topic of research in Hong Kong; see op. cit., nn. 55, 56, 57, and accompanying text. Hence, there is very little critical commentary on the family, except that centred around the structural-functionalist paradigm; see B.K.P. Leung, Perspectives on Hong Kong Society (1996) ch. 4.
129. See P. Willis, Learning to Labour (1977); S. Humphries, Hooligans or Rebels? An Oral History of Working-Class Childhood and Youth 1889-1939 (1981); P. Carlen et al., Truancy: The Politics of Compulsory Schooling (1992). Nevertheless, the level of 'resistance' in Hong Kong would appear to be quite low, as only about 10 to 30 per cent of juvenile offenders re-offend upon discharge from correctional programmes; Hong Kong Social Welfare Department, op. cit., n. 76, and Hong Kong Commissioner of Correctional Services, op. cit., n. 77. However, as the follow-up periods on which these rates are based are very brief and interpreted purely from quantitative criteria, young people's long term 'resistance' strategies are unknown.
130. See P. Willis, Learning to Labour (1977); S. Humphries, Hooligans or Rebels? An Oral History of Working-Class Childhood and Youth 1889-1939 (1981); P. Carlen et al., Truancy: The Politics of Compulsory Schooling (1992). Nevertheless, the level of 'resistance' in Hong Kong would appear to be quite low, as only about 10 to 30 per cent of juvenile offenders re-offend upon discharge from correctional programmes; Hong Kong Social Welfare Department, op. cit., n. 76, and Hong Kong Commissioner of Correctional Services, op. cit., n. 77. However, as the follow-up periods on which these rates are based are very brief and interpreted purely from quantitative criteria, young people's long term 'resistance' strategies are unknown.
131. See P. Willis, Learning to Labour (1977); S. Humphries, Hooligans or Rebels? An Oral History of Working-Class Childhood and Youth 1889-1939 (1981); P. Carlen et al., Truancy: The Politics of Compulsory Schooling (1992). Nevertheless, the level of 'resistance' in Hong Kong would appear to be quite low, as only about 10 to 30 per cent of juvenile offenders re-offend upon discharge from correctional programmes; Hong Kong Social Welfare Department, op. cit., n. 76, and Hong Kong Commissioner of Correctional Services, op. cit., n. 77. However, as the follow-up periods on which these rates are based are very brief and interpreted purely from quantitative criteria, young people's long term 'resistance' strategies are unknown.
132. See P. Willis, Learning to Labour (1977); S. Humphries, Hooligans or Rebels? An Oral History of Working-Class Childhood and Youth 1889-1939 (1981); P. Carlen et al., Truancy: The Politics of Compulsory Schooling (1992). Nevertheless, the level of 'resistance' in Hong Kong would appear to be quite low, as only about 10 to 30 per cent of juvenile offenders re-offend upon discharge from correctional programmes; Hong Kong Social Welfare Department, op. cit., n. 76, and Hong Kong Commissioner of Correctional Services, op. cit., n. 77. However, as the follow-up periods on which these rates are based are very brief and interpreted purely from quantitative criteria, young people's long term 'resistance' strategies are unknown.
133. See P. Willis, Learning to Labour (1977); S. Humphries, Hooligans or Rebels? An Oral History of Working-Class Childhood and Youth 1889-1939 (1981); P. Carlen et al., Truancy: The Politics of Compulsory Schooling (1992). Nevertheless, the level of 'resistance' in Hong Kong would appear to be quite low, as only about 10 to 30 per cent of juvenile offenders re-offend upon discharge from correctional programmes; Hong Kong Social Welfare Department, op. cit., n. 76, and Hong Kong Commissioner of Correctional Services, op. cit., n. 77. However, as the follow-up periods on which these rates are based are very brief and interpreted purely from quantitative criteria, young people's long term 'resistance' strategies are unknown.
134. D. Garland, 'Frameworks of Inquiry in the Sociology of Punishment' in Michel Foucault: Critical Assessments, vol. IV, ed. B. Smart (1995) 400.
135. Garland, op. cit., n. 2, p. 211.
136. See S. Hall, 'The Toad in the Garden: Thatcherism Among the Theorists' in Marxism and the Interpretation of Culture, eds. C. Nelson and L. Grossberg (1988); D. Morley and K.H. Chen (eds.), Stuart Hall: Critical Dialogues in Cultural Studies (1996).
137. See S. Hall, 'The Toad in the Garden: Thatcherism Among the Theorists' in Marxism and the Interpretation of Culture, eds. C. Nelson and L. Grossberg (1988); D. Morley and K.H. Chen (eds.), Stuart Hall: Critical Dialogues in Cultural Studies (1996).
138. Jessop, op. cit., n. 53, p. 208.
139. See Scott, op. cit., n. 8, and accompanying text.
140. This appeal to Chinese cultural sensibilities has been particularly in evidence during the hand-over period before and after July 1997 when the People's Republic of China (PRC) resumed sovereignty over Hong Kong. For example, the new Chief Executive of the Special Administrative Region of Hong Kong has used cultural sentiments to justify restrictive changes in the Bill of Rights and Public Order Ordinance. In addition, several other Asian political ́lites, including those in the PRC, have made use of Confucian principles to boost the legitmacy of their hegemonic projects; see A. Chan, 'Confucianism and Development in East Asia' (1996) 26 J. of Contemporary Asia 28.
141. Cultural sentiments were also used to limit the availability of welfare provision in Hong Kong. Social welfare policies could be developed only to the extent to which they did not undermine the cultural principle of 'filial piety' or the onus on Chinese families to take responsibility for the welfare of their members; see Leung, op. cit., n. 105, ch. 6.
142. Jones further develops this argument when she describes how Confucianism was selectively drawn upon in colonial Hong Kong at particular hegemonic moments to legitimate the patriarchal control of Chinese women; see C. Jones, "The New Territories Inheritance Law: Colonialization and the Élites' in Women in Hong Kong, eds. V. Pearson and B.K.P. Leung (1995).
143. The changes referred to are the growth of multinational companies, the shift towards more flexible post-Fordist forms of capital accumulation, and the fragmentation of traditional working-class social groupings; see B. Smart, Modem Conditions, Postmodern Controversies (1992) ch. 2.
144. D. Garland, 'Penal Modernism and Postmodernism' in Punishment and Social Control, eds. T.G. Blomberg and S. Cohen (1995) 197.
145. See M.M. Feeley and J. Simon, 'The New Penology: Notes on the Emerging Strategy of Corrections and its Implications' (1992) 30 Criminology 449.
146. Smart, op. cit., n. 115, p. 3.
147. id., p. 184.
148. Morley and Chen, op. cit., n. 109, p. 149.
149. Smart, op. cit., n. 115, p. 216.
150. See E. Laclau, op. cit., n. 82.
151. See F. Jameson, Postmodernism, or the Cultural Logic of Late Capitalism (1991).
152. See P. Carlen, Magistrates' Justice (1976).
153. See K. Daly, 'Different Ways of Conceptualising Sex/Gender in Feminist Theory and their Implications for Criminology' (1997) 1 Theoretical Criminology 25, at 33, who provides an interesting development of this argument.
154. See S. Brown, Magistrates at Work: Sentencing and Social Structure (1991) 97, who uses this concept to describe the operation of the 'socialized tariff in the United Kingdom.
155. Obviously young people resist this normalizing experience by returning to crime, but in their very resistance they unintentionally perpetuate the inequalities of capitalist social relations by further marginalizing and excluding themselves from the community. Willis, op. cit., n. 106, presents an interesting analysis of this process in the setting of the school.