With increasing frequency, criminologists have documented the growth of a culture of control that has ushered in repressive penal policies and diminished people's freedoms. Contra the portrayal offered by these 'criminologies of catastrophe', this article argues that there are several factors within contemporary European societies that militate against authoritarian rule and impel justice towards a negotiated model. European political integration is responsible for advancing a more complex form of justice as powerful supra-national actors are able to articulate their own understanding of the harms that national criminal laws should repel in countries such as Ireland. Societies are also becoming more internally complex as victims are increasingly critical of their exclusion from the criminal justice system and have demanded greater inclusiveness. Penal changes do not necessarily arise from crime being the last common social denominator by which politics can appeal to the people. They may reflect a more complex form of democracy in which various 'counter-democratic' forces challenge the powers of elected governments and justice emerges from a continuous cycle of negotiations. 5 notes and 47 references (Published Abstract)