ABSTRACT

This chapter explores recent developments in penal and prison policies in Slovenia from the perspective of social justice. The authors demonstrate that, in contrast to most other post-socialist countries, Slovenia succeeded in building and maintaining a penal system based on the ideals of social justice, with lenient penal laws, low levels of imprisonment, satisfactory prison conditions, and treatment/rehabilitation-oriented programs for prisoners. In their view, the fact that Slovenia has traditionally had high levels of egalitarianism and social security, embedded in the socialist-style welfare state with little class distinction, contributed importantly to its “penal exceptionalism.” Since the late 1990s, however, when the early period of democratization ended, this picture has changed considerably. The early trend of limiting penal repression has begun to shift. Most of the reforms carried out in the last 15 years have been introduced for the sake of “law and order,” e.g., the effective suppression, detection, and prosecution of crime. Relying on neoliberal and neoconservative approaches to crime and punishment, most of these reforms have resulted in a more extensive formal social control, increased sanctions for crimes and minor offenses, higher imprisonment rates, and reduction in prisoner treatment programs. The authors explore what consequences and implications these tendencies have for the Slovenian penal system, and ask whether they jeopardize its traditional allegiance to the principles of social justice.