ABSTRACT
This chapter develops the concept, identifies and analyses the phenomenon, and then discusses the challenge of, imaginary penalities. The term imaginary penality is used to denote penal policies and practices where agents charged with either the authorisation, development and/or implementation of a system of punishment address themselves to its principles and persist in manufacturing an elaborate system of costly institutional practices 'as if' all objectives are realisable. The concept of imaginary penalities has a very specific meaning and refers neither to 'imagination', nor to an occupational psychology of intent, mendacity or hypocrisy. Imaginary penalities are distinguishable from both substantive and symbolic penalities. Substantive penalities have traditionally been justified on the grounds that they aspire to reduce crime either via deterrence of potential lawbreakers or via a mix of welfare, punitive or disciplinary strategies aimed at actual lawbreakers.
