Chapter 14: Conflict theories CULTURAL CONFLICT THEORY ...
Chapter 14: Conflict theories CULTURAL CONFLICT THEORY: THORSTEN SELLIN • In culturally homogeneous societies, conduct norms reflect consensus (everyone agrees on these norms) • In more complex heterogeneous societies there will be conflict between conduct norms of different groups (different people want different things based on religious views i.e. Canada.) • The conduct norms of dominant groups will be enacted into criminal law — “criminal norms” (most of the time, majority wins like Canadian criminal justice law) • Culture conflict occurs when individuals from a different group(most of the time the nondominant groups) act on the basis of their own conduct norms that have been criminalized. • Usually these different norm are due to the Impact of colonization, migration & immigration • Example – immigrants follow “traditional” ways that conflict with norms of new society (e.g. honour killings) GROUP CONFLICT THEORY (1) • •
Vold focuses on conflict between diverse interest groups within society (labor, political groups, etc.) He sees society as a collection of groups in a constantly shifting equilibrium of opposing group interests (people forms groups and partnerships) • Law results from politics and the interest groups that can marshal the greatest number of votes will have the most influence in passing new laws (gun control vs no control. The one that has the most votes will) • CONFLICT btw different interest groups can lead to crime in two different ways: • (1) A RESULT OF MINORITY GROUP behavior: for a delinquent gang (i.e. hell angles) is a minority group whose interests are in opposition to majority adult values. Another example are the Conscientious objectors refuse military service during wartime • 2) CONFLICT BETWEEN INTEREST GROUPS who are vying for powerPolitical revolution makes criminals of those who previously held power. Another example is the conflict between management and the labor union. In the case of high tension between them, Strikes may escalate into violence or other offences and Crimes may result from jurisdictional disputes • This theory is limited to instances criminal behavior arises form the conflict btw interest groups and does not try to explain any other kind of criminals act (i.e. individual criminal acts) • In addition to narrow scope of explanation, Other limitation is that often it is only one member of the gorup against another member rather then the whole group that is involved in conflict. Richard Quinney • Sellin focused on cultural group conflict; Vold on interest group conflict • Quinney on ‘segments’ of society or types of ‘social groupings’. • The more powerful segments are able to secure and protect their own interests by influencing the formulation, enforcement and administration of the law • Quinney emphasizes unequal distribution of power. Some groups are never able to influence policy more then other and thus it is not an equilibrium as the sellin suggested. QUINNEY’S SIX PROPOSITIONS: • 1. Crime is a definition of human conduct that is created by authorized agents in a politically organized society. The ones in power decide what is crime. • 2. Criminal definitions describe behaviors that conflict with the interests of the segments of society that have the power to shape public policy. • 3. Criminal definitions are applied by the segments of society that have the power to shape the enforcement and administration of criminal law. Thus, the interest of the powerful are not only in the formulation, but are also represented in its application (police, judges, represent interest of powerful) • 4. Behavioural patterns are structured in segmentally organized society in relation to criminal definitions and within this context persons (mostly those of less powerful) engage in actions that have relative probabilities of being defined as criminal because their intrest do not represent of powerful.
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5. Conceptions of crime are constructed and diffused in the segments of society by various means of communication (i.e. powerful use the media until the particular conception of the crime becomes reality to everyone in society. • 6. The social reality of crime is constructed by the formulation and application of criminal definitions, the dev. of behavioural patterns related to criminal definitions and the construction of criminal conceptions (this definition is essential summarizing 25) MARXIST PERSPECTIVES • Just like the previous studies, does NOT look at individual for explanation for crime but rather the society. • Assumes that crime can only be understood in relation to the social, political and economic structures of the society in which it occurs. Thus, society as a whole must be analyzed. • Marxist argued that Crime is rooted in the structure of capitalism, especially in capitalist economic relations rather then just the ability of the most powerful as previously stated. • These political and economical structures under capitalism promote conflict, in turn providing the precipitating condition (i.e. unemployment) for crime occurs. • They argued that the way capitalist society is organized is a problem specially the means of production. • The mode of production: refers to the economic system whereby the good are produced, exchanged, and distributed in the society. This is composed of the following: • Forces of production – the tools, techniques and raw materials used in production • Social relations of production – the relationships with respect to ownership of the means of production (i.e. the capitalist class and the working class) • Capitalist society is based on class exploitation because the capitalists extract the value of labor as profit (difference btw the value the worker produce vs. what the worker gets paid in wages) • Thus one class dominates another (based on the ownership to means of production) and the social structures will be designed based on this dominant class. • Thus, in society such as America, where the economic basis has the determining influence on the structure of the institutions in society, law, crimes, and criminology must be studied in relations to whole society specially the economic sphere • Marxist perspective can be further divided into two. INSTRUMENTAL MARXISM (1) • The state and its legal and political institutions directly serve the interests of the capitalist class. (They are one and you cannot separate them) • Law is equated with class rule – capitalists use the state to dominate society since it can manipulate the state and the legal system (because it own the means of productions) • Marx & Engels: “The executive of the modern state is but a committee for managing the common affairs of the bourgeoisie”. • If we look at an American society, then based on the above 6 propositions (quinney) 1) American society is based on advances capitalist economy 2) State is organized to serve the interest of the dominant economic class 3) Criminal law is instrument of the sate and the ruling class to main its power 4) Crime control in capitalist society is established by institution that are established by the ruling class interests 5) Ruling class believe that the subordinates MUST remain oppressed to whatever mean necessary 6) Only society based on socialist principal will bring solution to crimes. CRITICISMS OF INSTRUMENTAL MARXISM • The ruling class has factions in a ruling society. They are not to be viewed as unified and homogenous group (liberal and NDP are different then conservatives. They will not pass the same laws.) • There has been a lack of analysis concerning how structural factors may shape the actions of ruling class member (i.e. the ruling class can’t do what they want, there is a limit to their power and this power shifts around depending on that person such as stock prices go down, or change in party etc)
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The position does not account for the fact that some legislation is contrary to the interests of the ruling class (i.e. minimal wage laws) • It is deterministic (causality: economic infrastructure determines the political, cultural and ideological superstructure of the society) STRUCTURALIST MARXISM (1) • Argues against the instrumental Marxist that the state is under the direct servant of the ruling class. • The institutions of the state must ensure the ongoing viability (I.e. making sure capitalism works in our society) of capitalism. The way the ydo this is by making sure that every structure of the society is based on capitalism so the ruling class can then intern use that to their advantage. Thus, the state act “the capitalist mode of production” • Thus the state and its institutions have a certain degree of independence from specific elites in the ruling or capitalist class This is known as relative autonomy. • This autnomy helps in the long term intrests of the capital and long run stability of the capitalist structure as a whole. • As a support, this explain the reason why yhe law does not exclusively represent the interests of the dominant capitalist class. Because they have autonomy ( the instrumental could not explain this) • Enacted laws that benefit the less powerful reflects an ideological need to develop a widespread consent for the existing social order. • Example of laws that are not benefiting the capitalist is the anticombines legislation in Canada ( prevents companies from monopolizing and fixing prices). • Many times, it laws a created not to benefit the capitalist elites but rather to strengthen the relationship between the • Law that develop the less powerful reflect an ideological need to develop a widespread consent for the existing social order. Thus, consensus is generated for the established order by promoting law an impartial system that protects the public rather the privates interests and where “all are equal before law ( this does not exist but helps to cover up the inequality in the societies) • Thus, rules of law affirm the social and economic relations that exist within the capitalist society. • The law of women voting reflect the fact that laws were created to reaffirm that view that was so openly accepted in the society at that particular time MARXISM AND CRIMES OF THE POWERLESS: STEPHEN SPITZER • The criminalization of much behaviour is directed at the ‘surplus population’. These populations ( who are outside the sphere of production) are created in 2 ways: • Created directly: i.e. New technologies replace labor or production is outsourcedIndirectly, through contradictions in the institutions that help reproduce capitalism, such as the schools e.g. they provide future labor for the capital society, it also provide critical insight into the alienating conditions of capitalism thus generating, dropout, radicals and among students. They problem population become candidates for deviance when they call into questions or disturb any of these following 1. Capitalist modes of appropriating the product of human labor (when the poor steal form the rich) 2. The social condition under which the capitalist production takes place ( i.e. those who refuse or are unable to perform wage labor) 3. Patterns of distribution and consumption in capitalist society ( those who take drugs to escape rather then use socialization and adjusting to situation) 4. The process of socialization for productive and nonproductive roles ( Youth that refuse to be school) 5. The ideology that supports the functioning of the capitalist society. THE POWERLESS: DAVID GREENBERG • Argues that juveniles have a class of their own because they share a common relationship with the means of production. That is that they are excluded from economically productive activities but are required to undergo training for their future productive role in the society. • They can be considered part of the ‘surplus population’ because they are excluded from lawful sources of income. Parents may be unable or unwilling to meet their needs. This creates motivation toward delinquency as they seek to participate in leisure activities and purchase material goods
MARXISM AND CRIMES OF THE POWERFUL: • Focuses on those that are inside the mean of production. • Corporate crime is important because of its immense cost to society which far exceeds the losses to street crime • Marxist scholars argue that the structure of capitalist economies and need to maximize profit create motivation for corporations to break the law • Critics of the structural theory argues that it makes circular argument ( capitalismclass exploitation when then leads to crimes) • Example: company of dog and cat food that recalled food because it contained melamine and cyan uric acidkidney failure in animals. One reason was the outsourcing of the production (Marxist will argue that it is to generate prof). The problem became worse when these pet foods were fed to things that humans eat and thus getting into our food chaina lot of children in china died form it. • Corporate crime: can be defined as “socially injurious acts that arise form the ownership or management of capital or from occupancy of positions of trust in institutions designed to facilitate the accumulation of capital” Socialist feminism: • Liberal Feminism: men control power and privilege; boys and girls are socialized into gendered adult roles. Thus, it argued for equal oppurtunities for both men and woman. • Radical feminism – critiques liberal feminism and argued that the problem of gender inequality as rooted in patriarchy: a systematic expression of male domination and control over woman which permeates all social, political and economic institution ( the structures of the society privileges men over woman). • Thus, Radical feminism was replaced capitalism with patriarchy as the primary system of oppression. • Critics said that radical feminism did not recognize the additional disadvantages of class and race. It only focused on woman • Socialist feminism – women’s exploitation under capitalism (class) and oppression(gender) under patriarchy are interconnected. The view the world both through the productive labor and the reproductive labor. Left realism: • Coined a term called “ left idealism” that describe both instrumental and the structural Marxism. • Left realism: Emphasizes the relationship between the offender, victim, police and public — “the square of crime” • The left realism was a response to the perception that Marxist theories had ignored the serious harm from street crime also called the working class crimes specially the poor and disadvantaged. • Many of the victims were working class themselves and often times both the victim and the offender tend to be from the same socioeconomic strata. Thus crime really is a problem of working class and other minorities • Used the crime survey in lowincome communities as a means of measuring working class victimization. it tried to measure the attitudes, perception and the beliefs about the extend and the nature of street crimes and the effectiveness of the polices • Advocates for humane crime control policies (such as alternatives to prison like community services instead) and preemptive deterrence (encouraging citizens groups to cooperate with police) and for making the justice system more accountable to the people ( police forcepolice services) • Critics: it is too historical as it does not take into account the economic, political and cultural of the society in which a crime occurs. Creating policies to implement them might backfire and that would be seen as social control over the minority. • See the table in the class notes:
Vold focuses on conflict between diverse interest groups within society (labor, political groups, etc.) He sees society as a collection of groups in a constantly shifting equilibrium of opposing group interests (people forms groups and partnerships) • Law results from politics and the interest groups that can marshal the greatest number of votes will have the most influence in passing new laws (gun control vs no control. The one that has the most votes will) • CONFLICT btw different interest groups can lead to crime in two different ways: • (1) A RESULT OF MINORITY GROUP behavior: for a delinquent gang (i.e. hell angles) is a minority group whose interests are in opposition to majority adult values. Another example are the Conscientious objectors refuse military service during wartime • 2) CONFLICT BETWEEN INTEREST GROUPS who are vying for powerPolitical revolution makes criminals of those who previously held power. Another example is the conflict between management and the labor union. In the case of high tension between them, Strikes may escalate into violence or other offences and Crimes may result from jurisdictional disputes • This theory is limited to instances criminal behavior arises form the conflict btw interest groups and does not try to explain any other kind of criminals act (i.e. individual criminal acts) • In addition to narrow scope of explanation, Other limitation is that often it is only one member of the gorup against another member rather then the whole group that is involved in conflict. Richard Quinney • Sellin focused on cultural group conflict; Vold on interest group conflict • Quinney on ‘segments’ of society or types of ‘social groupings’. • The more powerful segments are able to secure and protect their own interests by influencing the formulation, enforcement and administration of the law • Quinney emphasizes unequal distribution of power. Some groups are never able to influence policy more then other and thus it is not an equilibrium as the sellin suggested. QUINNEY’S SIX PROPOSITIONS: • 1. Crime is a definition of human conduct that is created by authorized agents in a politically organized society. The ones in power decide what is crime. • 2. Criminal definitions describe behaviors that conflict with the interests of the segments of society that have the power to shape public policy. • 3. Criminal definitions are applied by the segments of society that have the power to shape the enforcement and administration of criminal law. Thus, the interest of the powerful are not only in the formulation, but are also represented in its application (police, judges, represent interest of powerful) • 4. Behavioural patterns are structured in segmentally organized society in relation to criminal definitions and within this context persons (mostly those of less powerful) engage in actions that have relative probabilities of being defined as criminal because their intrest do not represent of powerful.
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5. Conceptions of crime are constructed and diffused in the segments of society by various means of communication (i.e. powerful use the media until the particular conception of the crime becomes reality to everyone in society. • 6. The social reality of crime is constructed by the formulation and application of criminal definitions, the dev. of behavioural patterns related to criminal definitions and the construction of criminal conceptions (this definition is essential summarizing 25) MARXIST PERSPECTIVES • Just like the previous studies, does NOT look at individual for explanation for crime but rather the society. • Assumes that crime can only be understood in relation to the social, political and economic structures of the society in which it occurs. Thus, society as a whole must be analyzed. • Marxist argued that Crime is rooted in the structure of capitalism, especially in capitalist economic relations rather then just the ability of the most powerful as previously stated. • These political and economical structures under capitalism promote conflict, in turn providing the precipitating condition (i.e. unemployment) for crime occurs. • They argued that the way capitalist society is organized is a problem specially the means of production. • The mode of production: refers to the economic system whereby the good are produced, exchanged, and distributed in the society. This is composed of the following: • Forces of production – the tools, techniques and raw materials used in production • Social relations of production – the relationships with respect to ownership of the means of production (i.e. the capitalist class and the working class) • Capitalist society is based on class exploitation because the capitalists extract the value of labor as profit (difference btw the value the worker produce vs. what the worker gets paid in wages) • Thus one class dominates another (based on the ownership to means of production) and the social structures will be designed based on this dominant class. • Thus, in society such as America, where the economic basis has the determining influence on the structure of the institutions in society, law, crimes, and criminology must be studied in relations to whole society specially the economic sphere • Marxist perspective can be further divided into two. INSTRUMENTAL MARXISM (1) • The state and its legal and political institutions directly serve the interests of the capitalist class. (They are one and you cannot separate them) • Law is equated with class rule – capitalists use the state to dominate society since it can manipulate the state and the legal system (because it own the means of productions) • Marx & Engels: “The executive of the modern state is but a committee for managing the common affairs of the bourgeoisie”. • If we look at an American society, then based on the above 6 propositions (quinney) 1) American society is based on advances capitalist economy 2) State is organized to serve the interest of the dominant economic class 3) Criminal law is instrument of the sate and the ruling class to main its power 4) Crime control in capitalist society is established by institution that are established by the ruling class interests 5) Ruling class believe that the subordinates MUST remain oppressed to whatever mean necessary 6) Only society based on socialist principal will bring solution to crimes. CRITICISMS OF INSTRUMENTAL MARXISM • The ruling class has factions in a ruling society. They are not to be viewed as unified and homogenous group (liberal and NDP are different then conservatives. They will not pass the same laws.) • There has been a lack of analysis concerning how structural factors may shape the actions of ruling class member (i.e. the ruling class can’t do what they want, there is a limit to their power and this power shifts around depending on that person such as stock prices go down, or change in party etc)
•
The position does not account for the fact that some legislation is contrary to the interests of the ruling class (i.e. minimal wage laws) • It is deterministic (causality: economic infrastructure determines the political, cultural and ideological superstructure of the society) STRUCTURALIST MARXISM (1) • Argues against the instrumental Marxist that the state is under the direct servant of the ruling class. • The institutions of the state must ensure the ongoing viability (I.e. making sure capitalism works in our society) of capitalism. The way the ydo this is by making sure that every structure of the society is based on capitalism so the ruling class can then intern use that to their advantage. Thus, the state act “the capitalist mode of production” • Thus the state and its institutions have a certain degree of independence from specific elites in the ruling or capitalist class This is known as relative autonomy. • This autnomy helps in the long term intrests of the capital and long run stability of the capitalist structure as a whole. • As a support, this explain the reason why yhe law does not exclusively represent the interests of the dominant capitalist class. Because they have autonomy ( the instrumental could not explain this) • Enacted laws that benefit the less powerful reflects an ideological need to develop a widespread consent for the existing social order. • Example of laws that are not benefiting the capitalist is the anticombines legislation in Canada ( prevents companies from monopolizing and fixing prices). • Many times, it laws a created not to benefit the capitalist elites but rather to strengthen the relationship between the • Law that develop the less powerful reflect an ideological need to develop a widespread consent for the existing social order. Thus, consensus is generated for the established order by promoting law an impartial system that protects the public rather the privates interests and where “all are equal before law ( this does not exist but helps to cover up the inequality in the societies) • Thus, rules of law affirm the social and economic relations that exist within the capitalist society. • The law of women voting reflect the fact that laws were created to reaffirm that view that was so openly accepted in the society at that particular time MARXISM AND CRIMES OF THE POWERLESS: STEPHEN SPITZER • The criminalization of much behaviour is directed at the ‘surplus population’. These populations ( who are outside the sphere of production) are created in 2 ways: • Created directly: i.e. New technologies replace labor or production is outsourcedIndirectly, through contradictions in the institutions that help reproduce capitalism, such as the schools e.g. they provide future labor for the capital society, it also provide critical insight into the alienating conditions of capitalism thus generating, dropout, radicals and among students. They problem population become candidates for deviance when they call into questions or disturb any of these following 1. Capitalist modes of appropriating the product of human labor (when the poor steal form the rich) 2. The social condition under which the capitalist production takes place ( i.e. those who refuse or are unable to perform wage labor) 3. Patterns of distribution and consumption in capitalist society ( those who take drugs to escape rather then use socialization and adjusting to situation) 4. The process of socialization for productive and nonproductive roles ( Youth that refuse to be school) 5. The ideology that supports the functioning of the capitalist society. THE POWERLESS: DAVID GREENBERG • Argues that juveniles have a class of their own because they share a common relationship with the means of production. That is that they are excluded from economically productive activities but are required to undergo training for their future productive role in the society. • They can be considered part of the ‘surplus population’ because they are excluded from lawful sources of income. Parents may be unable or unwilling to meet their needs. This creates motivation toward delinquency as they seek to participate in leisure activities and purchase material goods
MARXISM AND CRIMES OF THE POWERFUL: • Focuses on those that are inside the mean of production. • Corporate crime is important because of its immense cost to society which far exceeds the losses to street crime • Marxist scholars argue that the structure of capitalist economies and need to maximize profit create motivation for corporations to break the law • Critics of the structural theory argues that it makes circular argument ( capitalismclass exploitation when then leads to crimes) • Example: company of dog and cat food that recalled food because it contained melamine and cyan uric acidkidney failure in animals. One reason was the outsourcing of the production (Marxist will argue that it is to generate prof). The problem became worse when these pet foods were fed to things that humans eat and thus getting into our food chaina lot of children in china died form it. • Corporate crime: can be defined as “socially injurious acts that arise form the ownership or management of capital or from occupancy of positions of trust in institutions designed to facilitate the accumulation of capital” Socialist feminism: • Liberal Feminism: men control power and privilege; boys and girls are socialized into gendered adult roles. Thus, it argued for equal oppurtunities for both men and woman. • Radical feminism – critiques liberal feminism and argued that the problem of gender inequality as rooted in patriarchy: a systematic expression of male domination and control over woman which permeates all social, political and economic institution ( the structures of the society privileges men over woman). • Thus, Radical feminism was replaced capitalism with patriarchy as the primary system of oppression. • Critics said that radical feminism did not recognize the additional disadvantages of class and race. It only focused on woman • Socialist feminism – women’s exploitation under capitalism (class) and oppression(gender) under patriarchy are interconnected. The view the world both through the productive labor and the reproductive labor. Left realism: • Coined a term called “ left idealism” that describe both instrumental and the structural Marxism. • Left realism: Emphasizes the relationship between the offender, victim, police and public — “the square of crime” • The left realism was a response to the perception that Marxist theories had ignored the serious harm from street crime also called the working class crimes specially the poor and disadvantaged. • Many of the victims were working class themselves and often times both the victim and the offender tend to be from the same socioeconomic strata. Thus crime really is a problem of working class and other minorities • Used the crime survey in lowincome communities as a means of measuring working class victimization. it tried to measure the attitudes, perception and the beliefs about the extend and the nature of street crimes and the effectiveness of the polices • Advocates for humane crime control policies (such as alternatives to prison like community services instead) and preemptive deterrence (encouraging citizens groups to cooperate with police) and for making the justice system more accountable to the people ( police forcepolice services) • Critics: it is too historical as it does not take into account the economic, political and cultural of the society in which a crime occurs. Creating policies to implement them might backfire and that would be seen as social control over the minority. • See the table in the class notes:
