Lecture 12: Critical Theories
Lecture 12: Critical Theories Commonality
Wide variety of approaches evidenced in radical, feminist, left-realist, post-modernist theories, with no clear agreement
Common threat between them is that they are “critical,” and “countercultural” (in contrast to social control theories)
They all question basic assumptions about social order, and the purpose of law
Social control benefits the rich and powerful at the expense of the poor and powerless
Generally, all adopt “conflict” perspective – law serves interest of economically and politically powerful, not general social interest
The Role of Law
Law controls and disciplines the lower classes
“Suite crime” is regarded as civil violation or shrewd business practice; “street crime” is met with full force of the criminal justice system
Criminal Motivation
Mostly unconcerned with issue of criminal motivation
Assume that root cause of crime is economic and political inequality
Putting people in prison or executing them doesn’t deal with problems like poverty, unemployment, and marginalization
Critical Criminology
Dominant form of “radical” criminology throughout the 1970’s
Primarily “Marxist” in orientation – radical criminology and Marxist criminology pretty much synonymous with each other during this time period
CRIMINOLOGY 300W
1
The New Criminology
The New Criminology (1973); Ian Taylor, Paul Walton and Jock Young
Critical Criminology (1975), edited by Taylor, Walton and Young
Death to the Positivists
Positivists and orthodox criminologists concerned only with individuals officially defined by the state as “deviant”
Accept goals and policies defined by the state; focus on measurement of crime and improvement of existing crime control programs and policies
Adopt a correctionalist position; locate deviance in individual pathology; address problems of the individual; rather than larger problems of social structure
The Critical Criminologist’s Manifesto
If we can just get rid of capitalism, we can get rid of crime
Left Idealism
Assumption that crime would be abolished under a socialist or communist system
Paid little attention to the analysis of social control in societies which have embraced socialism or Marxist ideology
In socialist/communist countries, the definition of deviance and crime still remains in the hands of a small, closed ruling class with an exclusive grip on power
Studies show only a slight relationship between crime and social class
Increasing number of white collar and corporate criminals being prosecuted
Left Realism
CRIMINOLOGY 300W
2
“The Failure of Criminology: The Need for a Radical Realism,” written in 1986 by Jock Young (one of co-authors of The New Criminology and Critical Criminology
Developed in response to “left idealism” accusations leveled against critical criminology
Still argues that capitalist system is primary cause of crime, but recognizes persistence of crime in non-capitalist countries
Acknowledges that crime can be serious social problem, recognizes that the working class is most affected by crime, and focuses more on crime control polices
Asks for reforms to the criminal justice system
Calls for more emphasis on community-based solutions
Less reliance on incarceration, more reliance on compensation (restitution to victims)
Peace-Making Criminology
Quinney & Pepinsky (1991), Criminology as Peacemaking
Combination of spiritual humanism and left-wing radicalism
Criminology should create social justice and peace; put an end to human suffering and misery
Saving the World
Crime of all types (including non-violent crime) is a manifestation of the violent nature of our society
Our current social response to crime is more violence, e.g., the death penalty, stiffer prison sentences, the “war on crime”
Violent, repressive social measures result in more crime – we need more conflict resolution programs, more victim-offender mediation
Feminist Theory
Law as an instrument of patriarchy working to define women’s role in all social spheres
CRIMINOLOGY 300W
3
Role of gender relations and how contradictions/conflicts regarding gender are reproduced in the legal system
Ways in which women are limited by ideology and repressive power of the law
Radical Feminism
Emerged in the 1970s at about the same time as critical criminology
Also a response to (and critique of) liberal feminism
Crime was an expression of male aggression and dominance – the need for men to be in control
E.g., Susan Brownmiller’s (1975) Against Our Will (keeping them in state of perpetual fear)
Socialist Feminism
Talks a lot about patriarchy, as identified by Frederich Engels in The Origins of Class, State and Private Property
Patriarchy involves set of social power relationships, in which males controls sexuality of women and expropriate their labour power
Marxist Feminism
Subordinate role of women in society due to capitalist mode of production and capitalist relations of production
Working class men exploited by the capitalist system; working class women exploited even more, because they have low paying, low status jobs
Property relations of capitalism also reproduced in the family
Men earn most of money and control most of the property
John Hagan’s (1989) Power Control Theory CRIMINOLOGY 300W
4
Hagan argues that the class structure of the family reproduces gender relations seen in society, based upon power of spouses inside and outside the home
Instead of focusing on male criminality and effectiveness of informal/formal social controls, power control theory talks about patriarchy and about “class, state and the household,” in order to analyze why males are more likely to be delinquent (i.e., less controlled/restrained) than females
The Patriarchal Household
Type of patriarchal household discussed by power control theory is one where father works, while mother stays at home to look after the household and children
In traditional patriarchal (male-dominated) families, girls subjected to greater control than boys, which explains why boys tend to be more delinquent or more likely to take risks than girls
The Egalitarian Household
In more “egalitarian” households (father and mother work/share child-rearing), the mother may be able to exert greater influence on the boys, encouraging them to be less risk-taking and less delinquent
Mother’s position in household and in workforce may encourage girls to be more risktaking and hence be more likely to become delinquent
Masculinities and Crime
James Messerschmidt (1993) Masculinities and Crime
James Messerschmidt (1997) Crimes as Structured Action
Men and boys are perpetrators of most crimes and have virtual monopolies on some kinds of crime
Instead of asking why women don’t commit crimes, criminologists should ask why men do
CRIMINOLOGY 300W
5
A Sociology of Masculinity
Need to bring men into the equation – consider gendered content of men’s behaviour and of crime
Sociology of masculinity – comprehend why men are involved disproportionately in crime, why they commit different types of crime
Interrelationships between social actions/practices, social structures, and race, class, and gender relations
Boys Will Be Boys Differently
Boys will be boys differently, depending upon position in social structure and access to power and resources
White, middle-class boys become involved in youth gangs and commit minor delinquencies (e.g., drinking, minor thefts, vandalism), at the same time avoiding physical violence
Boys in lower-working-class gangs commit more serious and violent crimes, also engage in internal and external violence
White, Middle Class Boys
Have access to power and normative self-enhancement structures not available to lower-working-class boys
Go about accomplishing their masculinity in different ways
Develop “accommodating masculinity,” aimed at institutional success
Lower Class Boys
Develop an “opposition masculinity,” based on hegemonic ideals that schools discourage
Hate crimes disproportionately committed by groups of white, working-class boys
CRIMINOLOGY 300W
6
Working-class more likely than other boys to accomplish gender by constructing a physically violent opposition masculinity
Disproportionately involved in serious property crimes like robbery and in publicly displayed forms of group violence
A Different Perspective
Sally Simpson (1991). Caste, class and violent crime: Explaining difference in female offending.
Sally Simpson (1995). Doing gender: Sorting out the caste and crime conundrum.
Sally Simpson
Argued that past research on crime and gender had focused almost exclusively on criminality of young, lower class males
Pointed out that Black females have much higher murder and aggravated assault rates than White females
Links this to labour marginality of Black women, single-parent Black mothers living in poverty (intersection of race, class, and gender)
Increasing Numbers
M. Chesney-Lind & K. Faith (2001). What about feminism? Engendering theory-making in criminology.
Traditional (male-dominated) criminology has continued to ignore fact that women’s prison population in the US tripled during the 1980’s
Between 1986 and 1991, number of Black women imprisoned for drug offences went up 828%, number of Hispanic women by 328%, number of White women went up by only 241%
Need A New Explanation
CRIMINOLOGY 300W
7
1990 study of juvenile correctional facility found that 61% of girls had suffered physical abuse; 54% had suffered sexual abuse
80% had run away from home because of abuse; in many cases, first arrest was from running away from home or theft
Boys’ problem behaviour relates to delinquent life style’ girls’ problem behaviour relates to abusive and traumatizing home life
Post-Modern Theory
Post-modern theory critiques and deconstructs “modernity”
Modernity = intellectual tradition in Western history dating from the Enlightenment, that stressed equality, democracy, and rationality
Argues that modernity accommodated industrialization, development of capitalism, accumulation of wealth in the hands of a few, and exploitation of the working class
Post-Modern Criminology
Rejects notion that external facts can be discovered through “scientific” method (e.g., data collection, classification_
Criminologists should abandon “objective’ research methods, and focus instead on alternative discourse and meaning
Focuses on literary criticism, deconstructing the production of knowledge
Examines how crime myths are perpetuated, and how myths delude public about crime, while degrading criminals
Attempts to understand origin/production of “code words,” e.g., zero tolerance, three strikes, criminals choose to commit crimes
The “Maturation” of Critical Criminology
From Dragan Milovanovic (1997). Postmodern Criminology.
CRIMINOLOGY 300W
8
Constitutive Criminology
Milovanovic (1997) says that critical criminology has witnessed the emergence of a number of competing perspectives, including left realist criminology, socialist-feminist criminology, peacemaking criminology, poststructuralist criminology, etc.
Calls for a constitutive criminology – an “umbrella under which these saplings of critical growth can gain strength”
CRIMINOLOGY 300W
9
Wide variety of approaches evidenced in radical, feminist, left-realist, post-modernist theories, with no clear agreement
Common threat between them is that they are “critical,” and “countercultural” (in contrast to social control theories)
They all question basic assumptions about social order, and the purpose of law
Social control benefits the rich and powerful at the expense of the poor and powerless
Generally, all adopt “conflict” perspective – law serves interest of economically and politically powerful, not general social interest
The Role of Law
Law controls and disciplines the lower classes
“Suite crime” is regarded as civil violation or shrewd business practice; “street crime” is met with full force of the criminal justice system
Criminal Motivation
Mostly unconcerned with issue of criminal motivation
Assume that root cause of crime is economic and political inequality
Putting people in prison or executing them doesn’t deal with problems like poverty, unemployment, and marginalization
Critical Criminology
Dominant form of “radical” criminology throughout the 1970’s
Primarily “Marxist” in orientation – radical criminology and Marxist criminology pretty much synonymous with each other during this time period
CRIMINOLOGY 300W
1
The New Criminology
The New Criminology (1973); Ian Taylor, Paul Walton and Jock Young
Critical Criminology (1975), edited by Taylor, Walton and Young
Death to the Positivists
Positivists and orthodox criminologists concerned only with individuals officially defined by the state as “deviant”
Accept goals and policies defined by the state; focus on measurement of crime and improvement of existing crime control programs and policies
Adopt a correctionalist position; locate deviance in individual pathology; address problems of the individual; rather than larger problems of social structure
The Critical Criminologist’s Manifesto
If we can just get rid of capitalism, we can get rid of crime
Left Idealism
Assumption that crime would be abolished under a socialist or communist system
Paid little attention to the analysis of social control in societies which have embraced socialism or Marxist ideology
In socialist/communist countries, the definition of deviance and crime still remains in the hands of a small, closed ruling class with an exclusive grip on power
Studies show only a slight relationship between crime and social class
Increasing number of white collar and corporate criminals being prosecuted
Left Realism
CRIMINOLOGY 300W
2
“The Failure of Criminology: The Need for a Radical Realism,” written in 1986 by Jock Young (one of co-authors of The New Criminology and Critical Criminology
Developed in response to “left idealism” accusations leveled against critical criminology
Still argues that capitalist system is primary cause of crime, but recognizes persistence of crime in non-capitalist countries
Acknowledges that crime can be serious social problem, recognizes that the working class is most affected by crime, and focuses more on crime control polices
Asks for reforms to the criminal justice system
Calls for more emphasis on community-based solutions
Less reliance on incarceration, more reliance on compensation (restitution to victims)
Peace-Making Criminology
Quinney & Pepinsky (1991), Criminology as Peacemaking
Combination of spiritual humanism and left-wing radicalism
Criminology should create social justice and peace; put an end to human suffering and misery
Saving the World
Crime of all types (including non-violent crime) is a manifestation of the violent nature of our society
Our current social response to crime is more violence, e.g., the death penalty, stiffer prison sentences, the “war on crime”
Violent, repressive social measures result in more crime – we need more conflict resolution programs, more victim-offender mediation
Feminist Theory
Law as an instrument of patriarchy working to define women’s role in all social spheres
CRIMINOLOGY 300W
3
Role of gender relations and how contradictions/conflicts regarding gender are reproduced in the legal system
Ways in which women are limited by ideology and repressive power of the law
Radical Feminism
Emerged in the 1970s at about the same time as critical criminology
Also a response to (and critique of) liberal feminism
Crime was an expression of male aggression and dominance – the need for men to be in control
E.g., Susan Brownmiller’s (1975) Against Our Will (keeping them in state of perpetual fear)
Socialist Feminism
Talks a lot about patriarchy, as identified by Frederich Engels in The Origins of Class, State and Private Property
Patriarchy involves set of social power relationships, in which males controls sexuality of women and expropriate their labour power
Marxist Feminism
Subordinate role of women in society due to capitalist mode of production and capitalist relations of production
Working class men exploited by the capitalist system; working class women exploited even more, because they have low paying, low status jobs
Property relations of capitalism also reproduced in the family
Men earn most of money and control most of the property
John Hagan’s (1989) Power Control Theory CRIMINOLOGY 300W
4
Hagan argues that the class structure of the family reproduces gender relations seen in society, based upon power of spouses inside and outside the home
Instead of focusing on male criminality and effectiveness of informal/formal social controls, power control theory talks about patriarchy and about “class, state and the household,” in order to analyze why males are more likely to be delinquent (i.e., less controlled/restrained) than females
The Patriarchal Household
Type of patriarchal household discussed by power control theory is one where father works, while mother stays at home to look after the household and children
In traditional patriarchal (male-dominated) families, girls subjected to greater control than boys, which explains why boys tend to be more delinquent or more likely to take risks than girls
The Egalitarian Household
In more “egalitarian” households (father and mother work/share child-rearing), the mother may be able to exert greater influence on the boys, encouraging them to be less risk-taking and less delinquent
Mother’s position in household and in workforce may encourage girls to be more risktaking and hence be more likely to become delinquent
Masculinities and Crime
James Messerschmidt (1993) Masculinities and Crime
James Messerschmidt (1997) Crimes as Structured Action
Men and boys are perpetrators of most crimes and have virtual monopolies on some kinds of crime
Instead of asking why women don’t commit crimes, criminologists should ask why men do
CRIMINOLOGY 300W
5
A Sociology of Masculinity
Need to bring men into the equation – consider gendered content of men’s behaviour and of crime
Sociology of masculinity – comprehend why men are involved disproportionately in crime, why they commit different types of crime
Interrelationships between social actions/practices, social structures, and race, class, and gender relations
Boys Will Be Boys Differently
Boys will be boys differently, depending upon position in social structure and access to power and resources
White, middle-class boys become involved in youth gangs and commit minor delinquencies (e.g., drinking, minor thefts, vandalism), at the same time avoiding physical violence
Boys in lower-working-class gangs commit more serious and violent crimes, also engage in internal and external violence
White, Middle Class Boys
Have access to power and normative self-enhancement structures not available to lower-working-class boys
Go about accomplishing their masculinity in different ways
Develop “accommodating masculinity,” aimed at institutional success
Lower Class Boys
Develop an “opposition masculinity,” based on hegemonic ideals that schools discourage
Hate crimes disproportionately committed by groups of white, working-class boys
CRIMINOLOGY 300W
6
Working-class more likely than other boys to accomplish gender by constructing a physically violent opposition masculinity
Disproportionately involved in serious property crimes like robbery and in publicly displayed forms of group violence
A Different Perspective
Sally Simpson (1991). Caste, class and violent crime: Explaining difference in female offending.
Sally Simpson (1995). Doing gender: Sorting out the caste and crime conundrum.
Sally Simpson
Argued that past research on crime and gender had focused almost exclusively on criminality of young, lower class males
Pointed out that Black females have much higher murder and aggravated assault rates than White females
Links this to labour marginality of Black women, single-parent Black mothers living in poverty (intersection of race, class, and gender)
Increasing Numbers
M. Chesney-Lind & K. Faith (2001). What about feminism? Engendering theory-making in criminology.
Traditional (male-dominated) criminology has continued to ignore fact that women’s prison population in the US tripled during the 1980’s
Between 1986 and 1991, number of Black women imprisoned for drug offences went up 828%, number of Hispanic women by 328%, number of White women went up by only 241%
Need A New Explanation
CRIMINOLOGY 300W
7
1990 study of juvenile correctional facility found that 61% of girls had suffered physical abuse; 54% had suffered sexual abuse
80% had run away from home because of abuse; in many cases, first arrest was from running away from home or theft
Boys’ problem behaviour relates to delinquent life style’ girls’ problem behaviour relates to abusive and traumatizing home life
Post-Modern Theory
Post-modern theory critiques and deconstructs “modernity”
Modernity = intellectual tradition in Western history dating from the Enlightenment, that stressed equality, democracy, and rationality
Argues that modernity accommodated industrialization, development of capitalism, accumulation of wealth in the hands of a few, and exploitation of the working class
Post-Modern Criminology
Rejects notion that external facts can be discovered through “scientific” method (e.g., data collection, classification_
Criminologists should abandon “objective’ research methods, and focus instead on alternative discourse and meaning
Focuses on literary criticism, deconstructing the production of knowledge
Examines how crime myths are perpetuated, and how myths delude public about crime, while degrading criminals
Attempts to understand origin/production of “code words,” e.g., zero tolerance, three strikes, criminals choose to commit crimes
The “Maturation” of Critical Criminology
From Dragan Milovanovic (1997). Postmodern Criminology.
CRIMINOLOGY 300W
8
Constitutive Criminology
Milovanovic (1997) says that critical criminology has witnessed the emergence of a number of competing perspectives, including left realist criminology, socialist-feminist criminology, peacemaking criminology, poststructuralist criminology, etc.
Calls for a constitutive criminology – an “umbrella under which these saplings of critical growth can gain strength”
CRIMINOLOGY 300W
9
