A History of Now: (Re)Historicising Penal Continuities in the Anglophone Caribbean Through Path Dependence Theory
摘要
In this article I examine the persistence of punitive penal practices in the Anglophone Caribbean through the lens of path dependence. I argue that contemporary criminal justice systems remain shaped by colonial legal architectures that have been continually reinforced by post-independence political incentives, bureaucratic expansion, and political fear. Drawing on historical criminology, sociolegal scholarship, and institutional theory, I show how summary justice and executive overreach operate as positive feedback mechanisms that entrench colonial practices, even as social and political conditions shift. I also demonstrate how recent judicial decisions function as negative feedback mechanisms capable of disrupting penal inertia and opening meaningful possibilities for decolonial transformation.