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Observing Youth Punishment in the Social Systems of Law and Education

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Observing Youth Punishment in the Social Systems of Law and Education Observing Youth Punishment in the Social Systems of Law and Education by Kyle Nicholas Patrick Coady A thesis submitted to the Faculty of Graduate and Postdoctoral Affairs in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Sociology Carleton University, Ottawa, Ontario © 2018 Kyle Nicholas Patrick Coady Abstract This dissertation explores youth punishment in Canada in the social systems of law and education. My research contributes to work in the sociologies of youth, punishment, education, and law, youth justice, and social systems theory. The present study is guided by a concern that there is a need for a meaningful account of youth punishment in social systems. It specifically focuses on three problems in the sociological study of youth punishment: a gloomy state of theorizing; the absence of a more frontally distinct analysis of youth punishment beyond the realm of exclusion; and the underdevelopment of inter-systemic and intra-systemic features of youth punishment. This study confronts these issues with an exploratory qualitative analysis of how punishment operates in the social systems of law and education. The questions guiding this work include: 1) how are youth punished in the systems of law and education, and 2) in the context of youth punishment in social systems, are the social systems of law and education linked, influenced or coupled, and if so, how? My project is different from other scholarship in the field as it relies on insights from Niklas Luhmann’s contemporary social systems theory. This theory argues that social systems operate communicationally and the world is made up of functionally differentiated systems. This framework points me to study the legal and educational communications of punishment. This perspective foregrounds the inter-systemic and intra-systemic features of youth punishment in law and education. While many important contributions focus on the effects of punishment (exclusion, harshness, inequality…) and what (over)determines punishment (race, culture, morality, fears, politics…), my work addresses the absence of an empirical and theoretical understanding of youth punishment from the point of view of social systems. My research highlights the peculiarities of punishment in the social systems of law and education, and shows how punishment can connect social systems. I expose how there are distinctly educational and distinctly legal features of youth punishment. First, I present a suite of intra-systemic features of punishment in law. The peculiarities of youth punishment in law are captured with law’s focus on offering protection, distinguishing fools from fiends, observing the character and associated consequences of youth behaviour, and pursuing accountability. Second, I show the peculiarities of youth punishment in education by documenting education’s focus on the locality of behaviour, school climate, and progressive discipline. Finally, I analyse how education and law are able to influence each other, which means that law can productively make use of education and education can productively make use of law. My study provides the opportunity to be cognizant of the day-to-day workings of legal and educational punishment and the interactions between these two systems. This research shows that more attention could be paid to both the peculiarities of different social systems where punishment unfolds and the connections between social systems when punishing. Keywords: punishment; youth; youth punishment; social systems ii Acknowledgements My unwavering gratitude goes to my dissertation advisor, Nicolas Carrier, for his support during this project. Nic, you have challenged me, encouraged and motivated me, inspired me, and you’ve been all that I could ask for in an advisor and mentor. You have also been incredibly patient and supportive as I juggle life and this research project, and for that, I am grateful. To my committee members, Michael Mopas and Neil Gerlach, thank you for your time, commitment, insight, and support as I worked through this project. Neil and Mike, you have helped me work through important questions, you were quick to address my concerns, and you provided a strong sounding board for the direction of my project. Thank you! To the staff at the Department of Sociology and Anthropology, thanks for the calls and emails addressing my questions and concerns. I am also grateful for the financial support from the Department of Sociology and Anthropology and Carleton University. I thank my cohort comrades, Adam, Konstantin, Melissa, Sabrina, and Sarah, for your friendship and laughter. Many others, in a number of ways, have influenced me, and/or listened to me during this journey, especially: Aaron, Bruce, Justin, Lara, Laura, and Terri-Lynne. Thank you! I thank my family for their momentous contributions and sacrifices. To my parents and my grandmother, thank you for your encouragement, support, and belief. To my brothers, you have always been there when I needed help and you have contributed so much in so many different ways. To the Villeneuve’s, Thompson’s, Leonard’s and Kemp’s, thank you for your support and encouragement. To some of my closest friends, The Rickard’s, The Nanne’s, and The Norton’s, thank you for your friendship and support. I have had great fortune to work with a wonderful group of colleagues and I am grateful for their support, encouragement, and curiosity about my work – Alyson, André, Angela, Asmaa, Catherine, Cherami, Charlotte, Hari, Jane, Joanne, Kari, Kelly, Lisa, Louise, Lysiane, Marsha, Matthias, Mylène, Natacha, Shanna, Shauna, Stephen, Susan, and Ting – you’ve helped and motivated me in more ways than you probably realize. Finally, and most importantly, I thank my family. Kelsey and Mckinnon, thank you for the laughter, love, strength, sacrifice, and patience. And, thanks for the odd rearrangement of my piles of papers or books I left unattended. Words cannot simply describe how important you are to me. iii Table of Contents Abstract ............................................................................................................................... 2 Acknowledgements ............................................................................................................. 3 Glossary of terms ................................................................................................................ 8 List of tables ........................................................................................................................ 9 Chapter 1: Introduction ....................................................................................................... 1 Research needs in the study youth punishment ............................................................... 5 Core research objects: What am I observing and what are my preliminary assumptions? ......................................................................................................................................... 8 The puzzle of punishment in law and in education ....................................................... 21 Overview of the chapters............................................................................................... 23 Chapter 2: Contextualizing Current Understandings of Youth, Education, Law, and Punishment ........................................................................................................................ 28 A historical understanding of youth .............................................................................. 28 Youth in the law in Canada: Federal and provincial insights and observations of criminal and educational law......................................................................................... 31 A brief history of education .......................................................................................... 37 Explaining modern education in Canada ...................................................................... 38 Conclusions on studies of law and education................................................................ 41 Topical and theoretical touchstones in youth punishment, youth punishment in education, and the sociology of punishment ...................................................................................... 42 A sociology of youth punishment?................................................................................ 45 Studies of youth punishment: Theoretical and explanatory deficiencies .......................... 46 Youth punishment research in Canada .......................................................................... 48 Punishment and education: Criminal justice impacts on other systems........................ 54 Punishment in education: Criminal justice and political determinants ......................... 56 The sociology of punishment: Blind to youth and critiquing the forces ........................... 61 The core theses of the sociology of punishment ........................................................... 62 Conclusions from the literature review ............................................................................. 69 Chapter 3: Paving a Theoretical Path to Study Punishment in Social Systems ................ 71 The theory of social systems ............................................................................................. 72 Observing modern society ............................................................................................. 73 iv Systems theory and empirical
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