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Christian G. De Vito 4.3. Convict Labour

Convict labour is “the work performed by individuals under penal and/or adminis- trative control”.¹ It is the work of prisoners and deportees,individuals impressed into the armyand the navy,prisonersofwar,and military convicts. Arguablyaubiq- uitous phenomenon in human history,itstretches from Antiquitytothe present,ap- pears in virtuallyall parts of the world, and cuts across multiple punitive institutions and labour contexts: from the Romanmines to contemporary concentration camps, through the earlymodernMediterranean and Oceanic galleys, penal transportation, workhouses,and penitentiaries. This chapter addresses convict labour from three distinct perspectives. In the first section, Idiscuss its definition by pointing to the ways by which an individual becomes aconvict labourer.Icontend thatsome histor- ical processes are especiallylikelytoproduce such transformation: war; empire and state building;the search for labour flexibility; conceptualizationsofthe functionof punishment; and ideas on ethnicity,class, and gender.The second section highlights the new trends in bothlabour history and the history of punishment that have been, and still are, transformingthe studyofconvict labour.Iarguethatthree approaches have been especiallyrelevant: the reconceptualization of the “workingclass” beyond wagelabour,toinclude otherlabour relations imbricatedinthe process of labour commodification; the attention paid to the multiplicity of forms thatpunishment has taken historically, rather than to single punitive institutions; and the focus on the spatiality of punishment,i.e.onthe fact that punishing has often involved not onlythe immobilization of convicts, but also their relocation across space. The con- cludingsection reflects on how these new insights might provide the basisfor anew theory of the relationships between punishment and labour,both in the past and in the present.

Defining and locating convict labour

Convict labour emergesatthe crossroads of two dynamic social processes: the en- forced social definition of the “convict” and the commodification of labour.In words, in order to become aconvicted labourer,anindividual has to undergo adouble process: he or she has to be constructed as aconvict,through the social and culturaldynamics of the legal and administrative systems (laws, rules, orders,and trials);subsequently, this convict has to be turned into aforced labourer,by

Christian G. De Vito and Alex Lichtenstein, “WritingaGlobal History of Convict Labour”, Interna- tional Review of Social History,58, 2(2013), pp. 285–325, at 291.For examples of contexts where con- vict labour has emergedacross history, see idem (eds), Global Convict Labour (Leiden and Boston, 2015).

DOI 10.1515/9783110424584-018 346 Christian G. De Vito

means of both discourses that legitimize his or her labour coercion and organization- al instrumentsthatmake it possible. The complex making of convict labour has significant implications. Individuals held underdistinct legal regimes and with dif- ferent statuses belong to the category of “convict”.They are military,common-law, and political prisoners, togetherwith prisoners of war,vagrants, and those who are subjected to legal control bothwhile awaitingsentenceand afterits completion. They depend on multiple formal and informal administrative agencies (includingpo- lice, overseers, and religious chiefs) and are sentenced by various types of courts (lower and higher,military,and religious courts for example). At the same time, not all convicts become forced labourers. Across history,for example, elite convicts have typicallybeen excluded from the obligation to perform coercedlabour.Under certain circumstances, the samehas been the case for political prisoners. Moreover, not all convict labour is connected to labour commodification, as Iwilldiscuss later in this section. Finally, in manycontemporary Western prison regimes work is not compulsory,nor is it available to all thosewho voluntarilyapply for it. Some social processes appear especiallyconducive to the emergence of convict labour,eventhough their actual impact largely varies through time and space, and combines differentlyindistinct contexts. HereIwill address aselected group of them in order to provide an idea of the broad variety of economic, political,social,and culturalaspects that have been imbricated in the making of convict labour. Warinevitablyplays amajor role in the emergence of convict labour.² Accompa- nied by culturalprocesses of production and dehumanization of the “enemy”,mili- tary conflicts typicallycreate “states of exception” that legitimize the recourseto multiple repressive measures and abroader array of punitive regimes.Atthe same time, war produces labour needsthat across history have been frequentlymet through the multifaceted mobilization of convict labour:inthe earlymodern period and up to the earlytwentieth century,ithas facilitated large-scale impressment into the armyand the navy;ithas required convicted workforce for military-related labour at the frontline and,particularlyduring modernarmed conflicts, at the homefront; and it has fostered the employment of convicts in public works and reconstruction duringand afterthe conflicts. Partiallyconnected with war,empire and state buildinghas been another histor- ical process typicallyassociated with the production of convict labour.Especiallythe need to claim sovereignty over and colonize new territories and the borderlands, and the scarceavailability of voluntary settlers to perform these tasks, has made convict transportation one of the most long-term features in the history of punishment and convict labour,asIwill explain in more detail in the next section.

 Foramoredetailed analysis of this aspect,see Christian G. De Vito, Ralf Futselaar,and Helen Grev- ers (eds), Incarceration and Regime Change. European Prisons during and after the Second WorldWar (New and Oxford, 2016). Forthe reference to the “states of exception”,see Giorgio Agamben, State of Exception (Chicago,2005). 4.3. Convict Labour 347

The need for convict labour has additionally stemmed from the search by em- ployers and policymakers for labour flexibility, that is, their “quest to synchronise the availability of what they perceive as the most appropriate workforce,with their productive and political needs”.³ From this perspective,the coerced labour of the convicts has usually been appreciated for its relative cheapness and highspatial mo- bility,although the productivity of convicts has often been deemed insufficient. Moreover,adialectics has frequentlydevelopedbetween state and privateactors, with convicts leasedtoprivateemployers being an option in manyand diverse his- torical contexts. Whereas focusingonlabour flexibility foregrounds the connection of convict la- bour with the process of labour commodification, one has to keep in mind that the production of convict labour equallydepended on broader conceptualizations of the social functions of punishment that werenot necessarilyorsolely designed to serve economic purposes. In this context,not onlydid certain forms of punishment not implythe exploitation of the work of prisoners, they could alsoprivilegenon-com- modification-related functions of convict labour.One example of this can be found in those dailyoccupations performed by convicts in modernprisons that merely servethe purpose of the penal institutions themselves: the cleaning of the cells and corridors,the preparation of food,and administrative work. More extreme, but not infrequent,historicalcases of non-commodified convict labour are associat- ed with the merelypunitive work political prisonershavebeen assigned to under multiple penal regimes across the world: one onlyhas to think of the African Nation- al Congress (ANC) activists forced to uselesslybreak stones with hammers in the courtyard of the prison on Robben Island; or the Ecuadorian political convicts carry- ing huge stones in order to build the “Wall of Tears” (Muro de las Lágrimas)inthe penal colonyofIsabela, in the Galapagosislands (1940s-1950s).⁴ Often related to con- ceptions of punishment allegedlymeant to “redeem” the convicts, those dramatic human experiences remind us of the multifaceted nature of “rehabilitation” through punishment,and of its frequent disentanglement from the progressive idea thatwe tend to associate with it.Afterall, draconian regimes of human exploitation have been legitimized under self-defined “enlightened” eighteenth-century imperial schemesto“redeem” the vagrants, Lombrosian distinctions between “born-crimi-

 Christian G. De Vito, “Precarious Pasts: Labour Flexibility and Labour PrecariousnessasConcep- tual Tools for the Historical Studyofthe Interaction Between Labour Relations”,in: Karl Heinz Roth (ed.), On the Road to Global Labour History. AFestschrift for Marcel vander Linden (forthcoming).  On the ANC prisoners,see PadraicKenney, “‘AParade of Trick Horses’:Work and Physical Expe- rienceinthe Political Prison”,in: De Vito and Lichtenstein, Global Convict Labour,pp. 380 –399.See especiallythe pictureonp.380.Onthe Murodelas lágrimas,see Antonio Constante Ortega, Basalto. Etapa de terror ylágrimas durante la colonia penal en Isabela (Memorias de un colono de Galápagos) (Guayaquil, 2006). Apictureofthe twenty-five-metre-highwall can be found on p. 36. 348 Christian G. De Vito

nals” and “occasional criminals”,and Stalinist attempts to createthe “socialist man”.⁵ Broader conceptualizationsofsociety,not directlyrelated to punishment,have also playedakey function in the production of convict labour.Ideas around ethnic- ity,class, and genderare acase in point,and have additionallycontributed to dif- ferentiatethe experiencesofconvicts vis-à-vis coerced labour.Inmanycolonial con- texts,for example, identifying someone as “black” or as “native” led to supplementary punishments being administered that weretypicallyassociated with corporal punishment and the .Moreover,while for thou- sands of transported and imprisoned convicts whiteness proved no guaranteeofnot being subjected to involuntary labour,itdid createdialectics of power within the convicted population and beyond, as in the standard colonial discussion regarding the undesirability of having black or nativeoverseers guarding white prisoners.When associated with elite status, whiteness, but also other ethnic definitions, effectively exempted convicts from the harshest employment,and often from coerced labour at all. The geographyofpunishment of elite convicts sometimes overlapped with the political ones, and presented distinct features vis-à-vis those of their subaltern (and common-law) counterparts. Asimilar distinction in the spatiality of punishment characterized the experiences of male and femaleconvicts wellbefore strict gender separation was introducedinthe penitentiary.⁶ Indeed, the imbalance of gender – that is, the absence or lack of women – in sites of deportation was aconstant worry for earlymodern and modern colonial authorities alike, and not infrequently triggered schemesfor that peculiarform of coerced labour migration that was the de- portation of prostitutes.⁷ At the sametime, the conceptualization of gender was akey sourcefor the differentiation in the employment of male and femaleconvicts, with military and construction work being atypicaltask for the former,while cleaning, sewing,and assistinginhospitals and monasteries weredeemed appropriate “wom- en’swork”. All in all, the awareness of the constructed natureofconvict labour and the anal- ysis of the historical processes more likelytofacilitate its emergence contributegreat- ly to shifting from astatic definition of convict labour to the studyofits functions among other labour relations and across punitiveregimes. In turn,this step from ask- ing ourselves “what is convict labour?” to investigating “whyconvict labour?” is of

 See, for example, Rosa María Pérez Estévez, El problemadelos vagosenlaEspaña del siglo XVIII (Madrid, 1976); Criminal Man: Cesare Lombroso,trans. Mary Gibson and Nicole Hahn Rafter (Durham, 2006); Sanne Deckwitz, “ and : Ideology, Economics and the Dynamics of Space and Scale”, Workers of the World,1,3(2013), pp. 175 – 191.  Forthe importanceofgender analysisinthe history of convict labour,see Mary Gibson, “Gender and Convict Labour: The Italian Case in Global Context”,in: De Vito and Lichtenstein, Global Convict Labour,pp. 313–332.  See, for example,John Scott, “PenalColonies”,inEncyclopedia of and Sex Work (West- port,CT, 2006), pp. 355–356. 4.3. Convict Labour 349

fundamental importance in order to write convict labour back into the history of la- bour and punishment.AsIargueinthe next section, this is agoal thatrecent devel- opmentsinscholarship have made considerably more feasible.

Punitive pluralism, geographies of punishment, and convict labour

The history of convict labour lies at the crossroads of labour history and the history of punishment.This provides aprivileged perspective for doing innovative research, but such potential has remained largely unexplored so far.Indeed, in bothsub-dis- ciplines convict labour has been traditionallymarginalized because of adouble tele- ology: first,the focus on “free” has dominated labour (and migration) history,conflatingwagelabour with and modernity,and, by contrast, coerced labour with pre-capitalism and pre-modernity;second, in the history of pun- ishment the quest for the “birth of the prison” has playedasimilar role, sketching an alleged one-wayshift to the “modernity” of the penitentiary.The twodiscourses have also reinforced each other,producing adeterministic narrative of the penitentiary as an instrument for the formation of wage labourers and for factory discipline.⁸ New trends have emergedinthe last few decades within the scholarlyliterature that disclose the opportunitytoreverse this situation. On the one hand, as this volume shows, global labour historians have recentred the field of labour history around the issue of labour commodification, and reconceptualized the “” beyond the traditional exclusive focus on wagelabourers.⁹ In this waythey have been able to include slaves, ,tributarylabourers, and other groups of subaltern workers that participated in the process of labour commodification. Con- vict labour has consequentlyfound aplace in the taxonomyofthe Global Collabo- ratory on the History of Labour Relations, albeit one that almost exclusively fore- grounds its participation among non-commodified formsoflabour.¹⁰ Conversely, Marcel van der Linden’sidentification of the “coercedcommodification of labour

 EspeciallyinDario Melossi and Massimo Pavarini, The Prison and the Factory: Origins of the Pen- itentiarySystem (London, 1981) [first edition in Italian: Carcere efabbrica. Alle origini del Sistema pen- itenziario (XVI–XIX secolo) (Bologna, 1977)]. See the concluding section for further comments on this approach.  The main contributions include JanLucassen (ed.), Global Labour History. AState of the Art (Bern, 2008); Marcel van der Linden, Workers of the World: EssaysTowardaGlobal Labor History (Leiden and Boston, 2008); Marcel van der Linden and Eva Himmelstoss (eds), Labour HistoryBeyond Bor- ders. Concepts and Explorations (Vienna, 2009). Foranoverview of the formation of the GLHpro- gramme and network, see Christian G. De Vito, “New PerspectivesonGlobal Labour History.Intro- duction”, Workersofthe World,1,3(2013), pp. 7–31.  Forthe taxonomyofthe Global Collaboratory,see Karin Hofmeester’sintroduction to part 4ofthis handbook,orhttps://collab.iisg.nl/web/labourrelations,last accessed 5February 2017. 350 Christian G. De Vito

power” as akey aspect of the making of aglobalworkingclass has provided implic- itlyabroader waytointegrate convict labour with otherforms of free and unfree la- bour.¹¹ The between the two classifications offers the advantage of raising the important issue of convict labour being both commodified or non-commodified labour,depending on the historical circumstances and especiallyonthe conceptual- ization of punishment,asInoted earlier in this piece. The evolution in the field of global labour history provides the backbone against which arenovatedapproach to the history of convict labour is possible. Indeed, it is from within that area of researchthat the first attempt at acomprehensive under- standing of the topic has emerged. The volume Global Convict Labour especiallypro- vides an overviewand theoretical definition of the field and pointstothree directions for its study: long-term genealogies; the entanglementsofconvict labour with colo- niality,ethnicity,and racialism; and the keyrolethatpolities, and thereforegovern- mentality,haveplayedinthe production of the coercedwork of convicts.¹² The scholarship on the history of punishment has hitherto offered more contra- dictory inputs to the history of convict labour,possiblyasaconsequenceofits per- sisting fragmentation in multiple sub-fields and because of its unwillingness to en- gage in broader theorization. Iwill return to this point in the concluding section of this chapter.Significant areas of exceptiontothis rule exist though, particularly within research on the following topics:colonial prisons; concentration camps and the penal system under National ; the Soviet ; and, more systemati- cally, in the studies on earlymodernand modern convict transportation. It is to these fields that Iwillnow turn in order to foreground their specific contributions to the studyofconvict labour so far.Moregenerally, Icontend that,for all their differences, they share atendencytoquestion the standard conflation of punishment and impris- onment and the related view of punishment as immobilization in isolated institution- al contexts. In otherwords, in addressing punishment these scholars alsolook be- yond the prison and are fullyaware that punishingfrequentlymeant relocating convicts across empires and nation states.Consequently, theirapproaches provide avantage point to reflect on the relationships between punishment,spatiality, and labour,thatis, on the entanglements between multiple punitivegeographies and convict labour.¹³ At the sametime, they are better positioned to appreciate the entan-

 Vander Linden, Workersofthe World,p.34.  De Vito and Lichtenstein, Global Convict Labour. See also NigelPenn, “Towards aHistory of Con- vict Labour in the Nineteenth Century Cape”, Workers of the World,1,3(2013), pp. 118–138;Kelvin Santiago-Valles, “Forced Labor in Colonial Penal Institutions across the Spanish, U.S.,British, French Atlantic, 1860s-1920s”,in: Marcel vander Linden and MagalyRodríguez García (eds), On Coerced Labor.Workand Compulsion after Chattel (Leiden and Boston, 2016), pp. 73 – 97;Justin F. Jack- son, “‘AMilitary Necessity which Must be Pressed’:The U.S. Armyand Forced Road Labour in the EarlyAmerican Colonial Philippines”,in: van der Linden and Rodríguez García, On Coerced Labor, pp. 127–158.  The multidisciplinary field of “carceral geography” has similarlyinsistedonthe importance of addressing the spatiality of punishment.However,this area of studyhas hithertotaken apresentist 4.3. Convict Labour 351

glements among the multiple typesofpunishment that have characterized the long- term, globalexperience.¹⁴ Taylor Sherman has noted that the new generation of studiesoncolonial justice has created “much scope for examining colonial coercive institutions and practices in asingle frame, and as afunction of largerpolitical,administrative,economic, social and culturalprocesses”.¹⁵ Accordingly,she has proposed thinking about “co- ercive networks”,including and corporal punishments, incarceration, and penal transportation. Beyond the colonial experience,mysuggestion is that the adoption of the concept of “punitive pluralism” might be an even more appropriate and broader conceptual frame to address the simultaneity of multiple punitive re- gimes. Building on the multidisciplinary concept of “legal pluralism”,itretains three key ideas of thatfield of studies. First,the simultaneity of multiple legal sys- tems within the same society as the standard in history.Second, the plurality of state law, constituted of distinct types of jurisdictions, courts,and authorities. Third, the plurality of imperial legal orders,orthe fact that different ideas and prac- tices of justiceexisted within the same empire. To these features,the concept of “pu- nitive pluralism” adds three extradimensions, as it: expandsthe focus beyond the legal system, to includeadministrative enforcement and military justice; foregrounds punishment,whereas the literature on legal pluralism is mainlyconcerned with sen- tencing; and highlights the tensions produced by those forms of punishment thatim- plied relocation across imperial spaces. In her insightful review essayon“global perspectivesonthe birth of the prison”, Mary Gibson has pointed to the contribution of five recent studies on the colonial prison to the field of prison history.¹⁶ Addressingrespectively the nineteenth- and

stand and has almost exclusively focused on contemporary prisons and detention centres for undo- cumented migrants.Moreover,ithas paid no attention to the question of labour.Inthe text, Iuse the expression “punitive geographies” in order to indicatethe need for atrans-punitive perspective,i.e. an approachthat relates not onlytoincarceration. Forthe main publications on “carceral geogra- phy”,see Dominique Moran, Nick Gill, and Deirdre Conlon (eds), Carceral Spaces:Mobility and Agen- cy in Imprisonmentand MigrantDetention (Farnham, 2013); Dominique Moran, Carceral Geography: Spaces and Practices of Incarceration (Farnham, 2015). Foranattempt to build adialoguebetween “carceral geography” and historical studies,see ClareAnderson et al., “LocatingPenal Transporta- tion: Punishment, Space, and Place c.1750 to 1900”,in: KarenM.Morin and Dominique Moran (eds), Historical Geographies of Prisons.Unlocking the Usable Carceral Past (London and New York, 2015), pp. 147– 167.  On “legal pluralism”,see SallyEngle Merry, “LegalPluralism”, Law and Society Review,22, 5 (1988), pp. 869–896;Brian Z. Tamanaha, “UnderstandingLegal Pluralism: Past to Present,Local to Global”, Sydney Law Review,30:3(2008), pp. 375–411; Lauren Benton and RichardJ.Ross (eds), Legal Pluralism and Empires, 1500–1850 (New York, 2013).  Taylor C. Sherman, “Tensions of Colonial Punishment: PerspectivesonRecent Developments in the StudyofCoercive Networks in Asia, Africa and the Caribbean”, HistoryCompass,7,3(1999), pp. 659 – 677, at 671.  Mary Gibson, “Global Perspectivesonthe Birth of the Prison”, American Historical Review,116,4 (2011), pp. 1040 –1063. The volumes reviewed are: Peter Zinoman, TheColonial Bastille. AHistoryof 352 Christian G. De Vito

twentieth-century history of the prison in , various African countries,, Japan, and Peru, this new scholarship fundamentallyquestions Foucault’sidea of a linear shift from corporal punishment to penitentiarydiscipline taking place between the late eighteenth and the earlytwentieth centuries. In all thosecontexts, especially the perceivedinsufficient punitiveness of the standard penitentiarymodel for colo- nial subjects led to regimes of corporal punishment and being main- tained or introducedwithin and beyond the prison systems. Other studies reached similar conclusionsregardinganevenbroader rangeofcolonial settings: the persist- ing importance of convict labour both within and outside the prisons (i.e. “intramu- ral” and “extramural” labour)asameansoflabour commodification and/or mere torment has been demonstrated, for example, for the colonial Middle East and Asia and for colonial and post-independence Latin America.¹⁷ However,Icontend that this significant expansion of the geographical scope has not always been accom- panied by atrulyglobal historicalperspective that allows for the overcoming of Euro- centric and methodologicallynationalist approaches.Indeed, atendencyexistsin this literature – possiblyinthe one on LatinAmerica particularly – to conflatethe “birth of the prison” with modernity,and therefore to prioritizethe penitentiary,mar- ginalize coexisting punitiveregimes,and interpret the gapbetween the penitentiary model and its concrete realization as asign of the “backwardness” or incomplete- ness of colonial and post-colonial contextsvis-à-vis supposedly “modern” Western experiences. Yet, Foucault himself warned in Discipline &Punish about the failure of the (Western) prison to accomplish its ideal goals of modernity and rehabilita- tion,¹⁸ and recent historical works have largely substantiated this claim. Thisis most notablythe case in the scholarship on the history of the US penal system, which has foregrounded the persisting role of convict labour – i.e. convict lease, the chain gangs,and intramural work in the penitentiary – in marking ethnic and

Imprisonment in Vietnam, 1862–1940 (Berkeley, 2001); FlorenceBernault(ed.), AHistoryofPrison and Confinement in Africa (Portsmouth,2003) [first edition in French: Enfermement, prison et châti- ments en Afrique du 19e siècle ànos jours (Paris,1999)]; Frank Dikötter, Crime, Punishment and the Prison in Modern China (New York, 2002); Daniel V. Botsman, Punishment and Power in the Making of Modern Japan (Princeton,2005); Carlos Aguirre, TheCriminals of Lima and Their Worlds. ThePrison Experience, 1850–1935 (Durham, 2005).  See, especially, Ricardo D. Salvatoreand Carlos Aguirre(eds), TheBirth of the PenitentiaryinLatin America. EssaysonCriminology,Prison Reform, and Social Control, 1830–1940 (Austin, 1996); Frank Dikötter and Ian Brown (eds), Cultures of Confinement. AHistoryofthe Prison in Africa, Asia, and Latin America (London, 2007). Foranimportant overview,see Sherman, “Tensions of Colonial Punish- ment”.The author especiallymentionsthe followingthreeworks: ClareAnderson, TheIndian Upris- ing of 1857–8. Prisons,Prisoners and Rebellion (London, 2007); Diana Paton, No Bond but the Law. Punishment, Race, and Gender in Jamaican State Formation, 1780–1870 (Durham, 2004); David An- derson, Histories of the Hanged. TheDirty WarinKenya and the End of Empire (London, 2005).  Michel Foucault, Discipline and Punish. TheBirth of the Prison (New York, 1977) [first edition in French: Surveiller et punir.Naissance de la prison (Paris,1975)], especiallypp. 293–308. 4.3. Convict Labour 353

social boundaries within the processof“modernization”.¹⁹ In Europe, new publica- tions on the nineteenth- and twentieth-century Italian prison system, for example, have similarlyhighlighted the long-term gapbetween the theory and practice of the prison system. Combinedwith arefreshing focus on penal and administrative confinement in liberal and Fascist Italy, and with new studies on the spatiality of punishment in Italyand the Italian empire, this approach promises to provide an ar- ticulated picture of the ways by which extramural and intramural convict labour has worked as a “pillar” of the punitive system as awhole.²⁰ Until recently, astriking feature in the discussion on the birth of the prison in Europe was its separation from the extensive scholarlyfield of the history of the con- centration camp. Indeed, the twentieth century has been viewed alternatively as the ageofthe full hegemonyofthe penitentiary or as “the century of the camps”,with insufficient attempts to move from such contradictory assumptions to amorecom- prehensive reflection on the implications of the entanglementsand co-existenceof the two punitive regimes for the history of punishment.²¹ However,NikolausWachs- mann’s Hitler’sPrisons has broken this taboo:²² this major work on “legal terror in Nazi Germany” has addressed the role that the criminaljusticesystem and state pris- ons playedinthe broader punitive practicesofthe Third Reich. Inevitably, the author repeatedlydealt with multiple forms of convict labour,most notablyinconnection with prisons becoming “penal factories”,the policy of “annihilation through la- bour”,and the experience of the over 10,000 prisonersimpressed in the “Probation

 See, especially, Alex Lichtenstein, Twice the Work of Free Labor.The of Convict Labor in the New South (London, 1996); David M. Oshinsky, “Worsethan Slavery”:Parchman Farm and the Ordeal of Jim Crow Justice (New York, 1996); Matthew J. Mancini, One Dies,Get Another.Convict Leasing in the American South, 1866–1928 (Columbia, 1996).  See, especially, Simona Trombetta, Punizione ecarità. Carceri femminilinell’Italia dell’Ottocento (Bologna, 2004); RobertoGiulianelli, L’industria carceraria in Italia. Lavoroeproduzione nelle prigioni da Giolitti aMussolini (Rome, 2008); Christian G. De Vito, Camosci egirachiavi. Storia del carcerein Italia (Bari and Rome, 2009); Eleanor Canright Chiari, Undoing Time. TheCultural MemoryofanItal- ian Prison (Bern, 2012); Gibson, “Gender and Convict Labour”;Ilaria Poerio, Ascuoladidissenso. Storie di resistenza al confino di polizia (1926–1943) (Rome, 2016); Francesca Di Pasquale, “La colo- nizzazione penitenziaria nella costruzione nazionale. Madrepatria eoltremareaconfronto (1861– 1933)”,inGianluca Bascherini and Giovanni Ruocco (eds), Lontano vicino.Metropoliecolonie nella costruzione dello Stato nazionale italiano (Rome, 2016), pp. 157–177; Christian G. De Vito, “Paradox- ical Outcomes?Incarceration, Warand Regime ChangesinItaly, 1943–54”,in: De Vito et al., Incar- ceration and Regime Change,pp. 33– 52.  On the nineteenth and twentieth centuries as the “ageofthe triumphant prison”,see Michelle Perrot, “Délinquence et système pénitentiaire en Franceau19e siècle”, Annales ESC,30(1975), pp. 67– 91, at 81;Rudolph Peters, “Egypt and the Ageofthe Triumphant Prison: LegalPunishment in Nineteenth Century Egypt”, Annales Islamologiques,36(2002), pp. 253–285. On the “century of camps”,see Joël Kotekand PierreRigoulot, Le siècle des camps.Détention, concentration, extermina- tion. Cent ans de mal radical (Paris,2000).  Nikolaus Wachsmann, Hitler’sPrisons.Legal Terror in Nazi Germany (New Havenand London, 2004). 354 Christian G. De Vito

Battalion 999” to fight in Africa, the Balkans,and . Amore recent edited volume on Incarceration and Regime Change has appropriatedWachsmann’sap- proach and sought to expand it in three directions:²³ first,byapplying it to abroader rangeofEuropean countries,including Francoist Spain, Belgium, France, and the Netherlands; second, by addressingalonger periodizationthat allows one to studythe relationship between punishment and regimechanges around World WarII; and third, by systematicallyexploring the entanglementsamong different pu- nitive regimes, includingprisons, workhouses,deportation,and camps. As aresult, not onlyhavecertain groups of forced labourers gainedanew visibility,asinthe case of the colonial prisonersofwar in occupied France and the members of the na- tional socialist movement of the Netherlands Indies; the perspective has also shifted from asingle-institution view to largersocial processes, includingconvict labour. Moreover,the broader spatial scope has allowed the editors to propose the hypoth- esis thatthe flows of deported convicts to Germanyfrom the countries occupied by the Nazis constituted a “single integrated system”,albeit one articulated accordingto the distinct legal and political relations each of thosecountries maintained with the Third Reich.²⁴ The possibilityfor writing connected histories of punishment across multiple pu- nitive regimes duringWorld WarIIowes much to the “new histories” of the Nazi con- centration campsthat have been published(or made available to English readers) duringthe last decade.²⁵ Through extensive empirical studies of individual camps and specific aspects of their organization, these new narrativeshaveoffered a more completepicture of the groups of inmates and of those involved in the manage- ment of the camps. Moreover,they have fullyhistoricizedthe developmentand the experiencesinthe lagers by paying “close attentiontodifferencesamong the camps and to changes over time”.²⁶ The result has been an immersion in the com- plexity of the camp system that has greatlyimproved our understandingofthe forced labour within it.Inparticular,the awareness of the internal spatial and functional differentiations of the system has allowed one to overcome the traditionalquestion of the primacy of ideologyoreconomics as motivations for the exploitation (or the annihilation) of convicts.²⁷ Indeed, amore dynamic view has emergedbywhich ideo-

 De Vito et al., Incarceration and Regime Change.  Christian G. De Vito,Ralf Futselaar, and Helen Grevers, “Introduction: Incarceration and Regime Change”,in: ibid.,pp. 1–14,10–11.  See, especially, Jane Caplan and Nikolaus Wachsmann (eds), Concentration Camps in Nazi Germa- ny.The New Histories (London, 2010); Nikolaus Wachsmann, KL.AHistory of the Nazi Concentration Camps (London, 2015). Foranoverview of the recent literature, see MarcBuggeln, “Forced Labour in Nazi Concentration Camps”,in: De Vito and Lichtenstein, Global Convict Labour,pp. 333 – 360.  Jane Caplanand Nikolaus Wachsmann, “Introduction”,in: idem, Concentration CampsinNazi Germany,pp. 1–16,7.  Jens-Christian Wagner, “Work and Extermination in the Concentration Camps”,in: ibid.,pp. 127– 148, 128. See also Marc Buggeln, Arbeit und Gewalt. Das Aussenlagersystem des KZ Neuengamme (Göt- tingen, 2009) [English edition: SlaveLabour in Nazi Concentration Camps (Oxford, 2015)]. 4.3. Convict Labour 355

logical and economic goals playedshifting roles in shapingconvict labour regimes in different geographical contexts, through the of main and affiliate camps, and in relation to distinct groups of inmates.Atthe sametime,amore precise peri- odization has been proposed – usually along the tripartition 1933 – 1938, 1938–1943, and 1943–1945 – at the crossroads of shifting geographies of the overall system and changingfunctions of work.²⁸ Parallel developments have led to new insights into the internal articulation of the Gulag system and its “continualadministrative flux”,and into the role of convict labour in the hundreds of camps and special set- tlements that comprised that system.²⁹ Ongoingresearch on the continuities between convict transportation duringthe tsarist regime and Soviet deportation is likelyto provide further inputs, especiallyasfar as the connection among colonization, pun- ishment,and convict labour is concerned.³⁰ The field of studies on earlymodern and modern convict transportation has wit- nessed aprofound and rapid transformation duringthe last three decades,showing atendencytoprogressively expand its spatial reach, embracearefined version of global history,and payincreasingattention to convict labour.Whereas the first gen- eration of studies, in the 1980s-1990s, dealt almost exclusively with convict transpor- tation from Britain to Australia,³¹ the late 1990s and especiallythe 2000s sawthe publication of works by Tim Coates on the Portuguese empire, Andrew A. Gentes on the tsarist empire, and Kerry Ward’sonbanishment and convict transportation in the Dutch East India . The latter’sfocus on the connections between the Cape and Batavia joined Clare Anderson’s Convicts in the Indian Ocean in point- ing to the relevance of inter-colonial routes of penal transportation – amajor shift in the understanding of systems of penal transportation that reinforced the findingsof the “new imperial histories”.³² In the third,and present,generation of studies, the

 On the spatial dimension,see Anne KellyKnowles,Tim Cole, and AlbertoGiordano (eds), Geog- raphies of the Holocaust (Bloomington,2014). See also the “Holocaust GeographiesCollaborative”, available at https://web.stanford.edu/group/spatialhistory/cgi-bin/site/project.php?id=1015, last ac- cessed 4November 2016.  Foranoverview,see Lynne Viola, “Historicisingthe Gulag”,in: De Vito and Lichtenstein, Global Convict Labour,pp. 361–379, 362. Forother publicationswith aparticular awareness of spatiality,see Lynne Viola, TheUnknown Gulag.The Lost WorldofStalin’sSpecial Settlements (Oxford, 2007); Steven A. Barnes, Death and Redemption. TheGulag and the Shaping of Soviet Society (Princeton, 2011); Alan Barenberg, Gulag Town, CompanyTown. Forced Labor and Its Legacy in Vorkuta (New Haven, CT, 2014).  See, especially, the ongoingresearch by Zhanna Popova as part of the team of the “Four Centuries of Labour Camps” project.  Foranoverview of the first generation of studies,see Ian Duffield and James Bradley (eds), Rep- resenting Convicts.New Perspectives on Convict Forced Labour Migration (London, 1997). However,iso- lated but outstanding publications did focus on other contexts:Ruth Pike, Penal Servitude in Early Modern Spain (Madison, 1983); Joanna Waley-Cohen, Exile in Mid-Qing China:Banishment to , 1758–1820 (New Havenand London, 1991).  ClareAnderson, Convicts in the Indian Ocean. Transportation from South Asia to Mauritius,1815– 1853 (Basingstoke, 2000); TimothyJ.Coates, Convictsand Orphans.Forced and State-Sponsored Col- 356 Christian G. De Vito

geographic scope of the field continues to expand, with ongoing research addressing the Japanese, Spanish, French, German, Habsburg, Danish, Swedish, and Italian em- pires,and introducing new insights into the Australian, Russian, and Dutch con- texts.³³ More generally, the long-term chronologicalscope (typicallyfrom the six- teenth to the twentieth century), the focus on the broad geographies of empire, and the spotlight directed on punitive regimesassociated with spatial mobility have arguably placed the scholarship on convict transportation at the forefront of new trends in the history of punishment as awhole. Especiallywithin and around the ongoingproject “The Carceral Archipelago”,the empirical studyofconvict trans- portation has fostered broader thoughts on the entanglements between punishment, mobility, empire-and nation-building,and labour.³⁴ The persistenceofpenal trans- portation in what has traditionallybeen considered the “ageofthe triumphant pris- on” has inspired reflections on the essentiallypluralist punitiveregimesofthe early modernand modernperiods. Consequently, the need has emergedtoreconceptualize the entanglementsbetween the galleys,the penal colonies,military impressment,re-

onizers in the Portuguese Empire, 1550–1755 (Stanford, 2001); ClareAnderson, Legible Bodies. Race, Criminalityand Colonialism in South Asia (Oxfordand New York, 2004); Kerry Ward, NetworksofEm- pire. Forced Migration in the (Cambridge,2008); AndrewA.Gentes, Exile to Siberia, 1590–1822.Corporeal Commodificationand AdministrativeSystematization in Russia (Hound- mills,2008); ClareAnderson, Subaltern Lives. Biographies of Colonialisminthe Indian Ocean World, 1790–1920 (Cambridge,2012); Miranda F. Spieler, Empireand Underworld. Captivity in (Cambridge and London, 2012); Jean-Lucien Sanchez, Àperpétuité.Relégués au bagne de Guyane (Paris,2013); TimothyJ.Coates, Convict Labor in the PortugueseEmpire, 1740–1932. Redefining the Empirewith Forced Labor and New Imperialism (Leiden and Boston, 2014); TimothyJ.Coates, “The Long View of Convict Labour in the Portuguese Empire, 1415–1932”,in: De Vito and Lichtenstein, Global Convict Labour,pp. 144– 167; Matthew P. Fitzpatrick, Purging the Empire. Mass Expulsions in Germany,1871–1914 (Oxford, 2015). On the new imperial histories see, especially, Alan Lester, “Impe- rial Circuits and Networks:Geographies of the British Empire”, HistoryCompass,4,1(2006), pp. 124– 141; Stephen Howe (ed.), TheNew Imperial HistoriesReader (London, 2009).  Most outcomes of the present generation of studies have not yetbeen published.The keyforth- coming publication, including chapters on earlymodern and modern convict transportation in many different contexts, is ClareAnderson (ed.), AGlobal HistoryofConvicts and Penal Colonies,1415–1960 (forthcoming). The research that has been published includes ClareAnderson and Hamish Maxwell- Stewart, “Convict Labour and the Western Empires, 1415–1954”,in: Robert Aldrich and Kirsten McKenzie (eds), TheRoutledgeHistoryofWestern Empires (London and New York, 2013), pp. 102– 117; ClareAnderson, “AGlobal History of Exile in Asia, c. 1700 –1900”,in: Ronit Ricci(ed.), Exile in Colonial Asia. Kings, Convicts, Commemoration (Honolulu,2016), pp. 20–47;Stephan Steiner, “‘An Austrian Cayenne’:Convict Labour and Deportation in the HabsburgEmpireofthe EarlyModern Period”,in: De Vito and Lichtenstein, Global Convict Labour,pp. 126–143; Matthias van Rossum, “From Contracts to Labour Camps?Desertion and ControlinSouth Asia”,in: Matthias vanRossum and JeanetteKamp (eds), Desertion in the Early Modern World. AComparativeHistory (London, 2016), pp. 187–202; Christian G. De Vito, “Convict Labor in the Southern Borderlands of Latin Amer- ica (ca. 1750s-1910s): Comparative Perspectives”,in: van der Linden and Rodríguez García, On Co- erced Labor,pp. 98–126.  See http://www2.le.ac.uk/departments/history/research/grants/CArchipelago and www.convict- voyages.org, last accessed4November 2016.ClareAnderson is the project’sprincipal investigator. 4.3. Convict Labour 357

gimes of public works and personal service, the workhouses,the prison, and the camps. The observation of the complex logistics of penal transportation across land and sea, short-and long-distance routes, has led to aperception of the central- ity of the relationship between punishment and spatiality (or the spatialities and ge- ographies of punishment) and its necessary substitution for the standard narrative of punishment as immobilization in the penitentiary.Onthis basis, the double relation- ship between punishment and empire/statebuilding emerges: on the one hand,the extreme flexibility of punishment vis-à-vis the processes of colonization and sover- eignty is foregrounded;onthe other,convicts appear as agents of those broad soci- etal processes, togetherwith other free and coercedmigrants and workers. Within this picture, convict labour assumesanew centrality, both as atopic and as an epistemological perspective.Rather than being aremnant of a “backward” past,itclaims its role in the definition of acontradictory and conflictual “modern- ity”.Moreover,itproves avantagepoint from which multiple punitiveand political regimes can be studied in conjunction, at the crossroads of their ideological, social, and economic legitimations. The relevance of these findingsisconfirmed by their convergence with those of another ongoingproject – the “Four Centuries of Labour Camps” project.³⁵ In addressing the question of labour camp formationbyasking “whyand under which particular social conditions have forced labour and intern- ment converged over the past four centuries”,the researchers on this project have reached asimilar awarenessofthe importance of the intersections and fluidity among institutional contextswithin complex punitive and labour geographies.

The road ahead

The four main theories of punishment the twentieth century has passed on to us are all, more or less explicitly, connected with the issue of the relationship between pun- ishment and labour.Thorsten Sellin’s Slaveryand the Penal System (1976)foreground- ed the influenceofthe social institution of chattel slavery on the evolution of penal practices in the , thus generalizing the thesis originallyproposed by GustavRadbruch in 1938, accordingtowhich “punishments originallyreserved for those in bondagewerelater inflicted for crimes committed by low-class freemen, and ultimatelyregardless of their social status”.³⁶ In ThePrison and the Factory (1977) Dario Melossi and Massimo Pavarini pointed to the close relationship between the origin of the penitentiary and industrial capitalism, building on the broader

 See https://socialhistory.org/sites/default/files/docs/projects/four_centuries_of_labour_camps. pdf, last accessed 4November 2016.  Thorsten Sellin, Slavery and the Penal System (New York, 1976), citation on p. viii. GustavRad- bruch’sarticle that triggeredSellin’sinterest in the topic is “Der Ursprung des Strafrechts ausdem Stande der Unfreien”,in: GustavRadbruch, Elegantiae Juris Criminalis. Sieben Studien zur Geschichte des Strafrechts (Basel, 1938), pp. 1–11. 358 Christian G. De Vito

claim of the connection between punishment and the labour marketput forward by GeorgRusche and Otto Kirchheimer in Punishmentand Social Structure (1939).³⁷ Mi- chel Foucault’s Discipline and Punish (1975)saw the shift away from corporal punish- ment as the “birth” of anew “disciplinary society”.Lessspecificallyfocused on la- bour,and more on the “microphysics of power”,this theory nonetheless foregrounded the centrality of the prison as a “laboratory” for broader mechanisms of societal “governmentality” that inevitablyinclude the management of labour.³⁸ Fi- nally, Norbert Elias’stheory on the “civilizingprocess” that graduallytransformed post-medieval European culturaland ethical standards(1939)³⁹ has been the inspira- tion for unconvincing historiesofgrowingprisoners’ , but also, and more inter- estingly,for Pieter Spierenburg’sstudies on the earlymodern workhouses.⁴⁰ The lat- ter have pre-dated the “birth of the prison” to the earlymodern period and showed the centrality of work in the “prison experience”. Recent studies have produced numerous,detailed, and pertinent critiquesof these theories, and especiallyFoucault’s, without anydoubtthe one that has had the most impact on the field.⁴¹ Partlyrepeatingwhat was alreadyreproachedto the French philosopher in the late 1970s, in the last decades scholars have radically questioned his periodization and the idea of the shift from corporal punishment to- wards the “disciplinary society”.Appropriately, as Ihaveshowed in the previous sec- tion, they have also exposedFoucault’sdeep Eurocentrism – adecisive critique that can be extended to the other threetheories as well. And yet, painstaking deconstruc- tions of receivedtheories have not been followed by new comprehensive theoretical visions. The priority assigned to empirical research and asometimes prejudicial aver- sion to theory have prevented that further step being taken. However,new proposals for theoretical synthesesappear vital at this stageinthe scholarship, not the least in order to instil some order into the ever-growingand increasingly fragmented field, and to substitute the anti-Foucauldianmantrathat now features in manyacademic

 Melossi and Pavarini, ThePrison and the Factory. GeorgRusche and OttoKirchheimer, Punishment and Social Structure (New York, 1939).  Foucault, Discipline and Punish.  Norbert Elias, Über den Prozeß der Zivilisation (Basel, 1939) [English edition: TheCivilizing Process, 2vols (Oxford, 1969and 1982)].  See, especially, Herman Franke, Twee eeuwen gevangenen. Midsdaad en straf in Nederland (Utrecht,1990). Fortwo keyworks by Pieter Spierenburg, see ThePrison Experience. Disciplinary In- stitutions and their Inmates in Early Modern Europe (New Brunswick and London, 1991), and “Prison and Convict Labour in EarlyModern Europe”,in: De Vito and Lichtenstein, Global Convict Labour, pp. 108–125. Forthe suggestion of the need to further predatethe birth of the prison to the middle ages, see GuyGeltner, TheMedieval Prison. ASocial History (Princeton, 2008).  Foranoverview of past and present critiques,see Gibson, “Global Perspectivesonthe Birth of the Prison”,especiallypp. 1045–1051. Foranexemplary critique of Foucault’sparadigm,see David Ar- nold, “The Colonial Prison: Power,Knowledge and PenologyinNineteenth-Century India”,inidem and David Hardiman (eds), Subaltern Studies VIII.EssaysinHonour of Ranajit Guha (New Delhi, 1994), pp. 148 – 194.For acritical engagement with Foucault’stheory as part of arenovated, broader framework, see Sherman, “Tensions of Colonial Punishment”. 4.3. Convict Labour 359

texts with trulyrefreshingquestions and hypotheses. This is an urgent but challeng- ing task, especiallyconsidering that the four theories established distinct typesof dependence between punishment and society (and labour): indeed, whereas Sellin fundamentallywroteabout an internal evolution of penal practices starting from the institution of slavery,Melossi and Pavarini and Elias/Spierenburghighlighted the impact of societal changes on punishment,and Foucault envisagedpunishment (i.e. the prison) as producing broader techniques of societal power.Will anew theory of the relationship between punishment and labour prioritize the impact of social processes on punishment,orvice versa?Orwill such atheory be able to embrace both aspectsatonce? From the perspective of this chapter,the question is whether convict labour can become the basis for this new theory.More specifically, the point is whether anew conceptualization of the relationship between punishment,labour,and society can emerge out of the awareness of the centrality of the connections between punish- ment,labour,and spatiality that Ihavedescribed so far.Atthis stage, afull answer appears beyond reach, but the previous pages of this contribution suggest at least four key characteristics for such afuture theory:atrulyglobal scope and the explicit refusal of ethnocentricand methodologicallynationalist explanations;the capacity to address plural and complex punitive regimes, rather thanprioritize single institu- tions or specific groups of convicts; the importance of the connected spatialityof punishment and labour;and the understanding of punishment and convict labour as social constructions,atthe crossroads of economic, political, social,and cultural processes. The quest for such atheory is not simplyanintellectual exercise to understand the past better.Itisanequallynecessary task in order to address the contemporary relationship between punishment and labour,especiallyconsidering the inadequacy of the most influential explanations.Inparticular, Icontend that the conceptual ef- forts produced in the last twenty years in order to explain the latest phase of mass incarceration in the Western world present typicallyEurocentric,presentist,and de- terminist biases.⁴² Their Eurocentrismisstriking,since they exclusively focus on North Americanand Western European cases and dismiss “the rest”.Inthis way, contemporarymass experiences of coerced work by the inmates of the Chinese, North Korean, and Russianlabour campsare entirelyremoved from the picture,pre- venting anydiscussion on the role of convict labour in contemporary coerced labour regimes and “new slavery”.⁴³ Moreover,once the world has again been reduced to

 See, especially, the works of Loïc Wacquant: Les prisons de la misère (Paris,1999); Simbiosimor- tale. Neoliberalismo epolitica penale (Verona, 2002); Punishing the Poor.The Neoliberal Government of Social Insecurity (Durham and London, 2009). See also the works of AlessandroDeGiorgi: Zerotol- leranza. Strategie epratiche della società di controllo (Rome, 2000); Il governo dell’eccedenza. Postfor- dismo econtrollo della moltitudine (Verona, 2002).  Forabroader discussion on contemporary coerced labour,see van der Linden and Rodríguez García, On Coerced Labor. 360 Christian G. De Vito

“the West”,the view is proposed in part of this scholarship that ashift has occurred from the Foucauldian “disciplinary society” to aregime of social control designed to managethe “surplus” of population structurallyexcluded within the allegedly “post- Fordist” society.⁴⁴ All transformations are addressed within achronological scope of no more than four decades, and in this frame recent changes appear detached from the longer history of convict labour.Asaconsequence,convict labour is marginal- ized. Apparently, this mirrors the “lack of work” lamented by manyprisoners held in Western penal facilities;⁴⁵ however,itsimultaneouslyhampers the possibility to address significant phenomena such as the employment of thousands of (mainly black and Latino) inmates in productive intramural work in US prisons. Indeed, this issue is hardlyevermentioned in this literature. The opposite perspective of a “prison-industrial complex” is more useful in this respect,but no less partial: it has the advantage of making long-term connections with slavery and segregation re- gimes visible, but by focusingonlyonthat part of the US penal system whereconvict labour is acentral feature it fails to embrace the system as awhole.⁴⁶ What is typi- callymissing in both approachesisalso areference to the expanding semi-coerced work performedbyindividuals on probation or anyway subjected to penal control outside the prisons. Determinism is another striking feature of sociological analyses of contemporary punishment.Inthese studies, social processes like mass incarcera- tion and the lack or excess of work in penal institutions are seemingly set in motion by anonymous mechanisms, with human agencytaking no part in them.Atmost,ab- stract privatecapital and are mentioned. Convict agency especiallyiscom- pletelyignored. Against this background, there is much scope and need for atrulyglobal, fully historical, and agency-based perspective on punishment and labour.Thisrequires a closer integration between the debatesoncontemporary punishment and the histor- iographical approaches and insights presented in this chapter.Somerecent historical studies have shown the potential of such an encounter.⁴⁷ Although stillexclusively

 EspeciallyinDeGiorgi, Il governo dell’eccedenza.  On contemporary prison labour in Western penal institutions, see Dirk van ZylSmit and Frieder Dünkel (eds), Prison Labour:Salvation or Slavery? (London, 1999); Evelyne Shea, Le travail pènitenti- aire, un défi européen. Etude comparée: France, Angleterre, Allemagne (Paris,2006).  On the prison-industrial complex, see Angela Davis, “Marked Racism: Reflectionsonthe Prison Industrial Complex”, Colorlines,10September 1998, available at http://www.colorlines.com/articles/ masked-racism-reflections-prison-industrial-complex, last accessed 4November 2016;Heather Ann Thompson, “The Prison Industrial Complex: AGrowthIndustryinaShrinkingEconomy”, New Labor Forum,21, 3(2012), pp. 38–47.  Forsome examples,see Robert Perkinson, TexasTough. TheRise of America’sPrison Empire (New York, 2010); Heather Ann Thompson, “RethinkingWorkingClass Struggle throughthe Lens of the Carceral State: TowardaLabour History of Inmates and Guards”,in: De Vito and Lichtenstein, Global Convict Labour,pp. 400 –437; Christian G. De Vito, “Processes of Radicalization and De-radicalization in Western European Prisons (1965–1986)”,in: Lorenzo Bosi, CharesDemetriou, and Stefan Maltha- 4.3. Convict Labour 361

focused on “the West” (but not necessarilyEurocentric), this scholarship presents two significant features.First,itrecentres the field around convicts’ agency,and makes labour acentrepieceinthis endeavour.When focusing on the transnational prisoners’ movements of the 1960s and 1970s, for example, it interrogates their role into the history of the exploitation and commodification of prison labour.At the sametime,these scholars aim to fullyhistoricize contemporarypunitive regimes by contextualizing them in longer-term researchincluding,atleast,the whole post- World-War-II period, and in some cases going back to the nineteenth century. In the case of the US punitivepractices,for example, this allows one to appreciatethe spe- cific and shifting connections between the legacyofslavery and criminal justice across the decades, understand recent mass incarceration “as aresponse to labour unrest and the search for alternativesbeyond the waged labour/capital relationship”, and address the most recent movement to decarceration accordingly. By bringing the convicts and history back centrestage, these scholars fullyparticipate in the renewed interest in the relationship between labour and punishment – and convict labour more specifically – which this chapter has foregrounded. Hopefullytheir contribu- tions, and the wealth of historicalknowledge produced in the last few decades around convict labour,will also find theirwaystoimpact the debate on contempo- rary punishment and labour.

ner (eds), Dynamics of Political Violence: AProcess-Oriented PerspectiveonRadicalization and the Es- calation of Political Conflict (London, 2014), pp. 71– 90. 362 Christian G. De Vito

Suggested reading

Anderson, Clareand Hamish Maxwell-Stewart. “Convict Labourand the Western Empires, 1415–1954”,in: RobertAldrich and Kirsten McKenzie (eds), The Routledge History of Western Empires (London and New York, 2013), pp. 102–117. Barenberg, Alan. Gulag Town, Company Town. Forced Labor and ItsLegacy in Vorkuta (New Haven, CT:Yale UniversityPress, 2014). Buggeln,Marc. SlaveLabor in Nazi Concentration Camps (Oxford: Oxford UniversityPress, 2015). Coates, Timothy J. ConvictLabor in the Portuguese Empire, 1740–1932. Redefining the Empire with Forced Labor and New Imperialism (Leiden and Boston: Brill, 2014). De Vito,Christian G. and Alex Lichtenstein (eds). Global Convict Labour (Leiden and Boston: Brill, 2015). Duffield, Ian and James Bradley (eds), Representing Convicts. New Perspectives on Convict Forced Labour Migration (London:Leicester UniversityPress, 1997). Gentes, Andrew A. Exile to Siberia, 1590–1822. Corporeal Commodification and Administrative Systematization in Russia (Houndmills: PalgraveMacmillan, 2008). Gibson, Mary. “Global Perspectives on the Birth of the Prison”, American Historical Review,116, 4 (2011), pp.1040–1063. Lichtenstein, Alex. Twice the Work of Free Labor.The Political EconomyofConvict Labor in the New South (London:Verso, 1996). Mancini, Matthew J. One Dies, Get Another.Convict Leasing in the American South, 1866–1928 (Columbia: UniversityofSouth Carolina Press, 1996). Penn,Nigel. “Towards aHistory of Convict Labourinthe Nineteenth Century Cape”, Workers of the World,1,3(2013), pp. 118–138. Perkinson, Robert. Texas Tough. The Rise of America’sPrison Empire (New York: Metropolitan Books, 2010). Pike, Ruth. Penal Servitude in Early ModernSpain (Madison, WI: UniversityofWisconsinPress, 1983). Sellin, Thorsten. Slaveryand the Penal System (New York: Elsevier Scientific Publishing, 1976). Vander Linden, Marcel and Magaly Rodríguez García (eds). On Coerced Labor. Work and Compulsion after Chattel Slavery (Leiden and Boston: Brill, 2016). VanZyl Smit, Dirk and Frieder Dünkel(eds). Prison Labour: Salvation or Slavery? International Perspectives (Aldershot: Ashgate, 1999). Waley-Cohen, Joanna. Exile in Mid-Qing China. BanishmenttoXinjiang, 1758–1820 (New Haven, CT:Yale UniversityPress, 1991).