Abstract:
"Punishment and Social Structure "proposes an economic criminological theory even though its authors, Georg Rusche and Otto Kirchheimer, are concerned by the limits of economic reductionism. Their different approaches coping with this tension is a rejlection of the changed political circumstances after the demise ofWeimar. Therefore, an interpretation of "Punishment and Social Structure" as precursor of Critical Theory is highly problematic. A comparative reading of "Punishment and Social Structure" and "Dialectic of Enlightenment" demonstrates fundamental differences between the sociological analyses of the labour market (Rusche) and the structural changes of criminal law (Kirchheimer), and the philosophical understanding of imprisonment (Horkheimer, Adorno and also Foucault). The paper will show that, considering the different methodological positions, the common thesis of the negation of legal theory in social science has fundamentally different meanings for each author. For the philosophers Horkheimer and Adorno and the economic theorist Rusche, this thesis may not really be a surprise; for the legal scholar Kirchheimer, however, it represents a fundamental change from public law to political science.