1.2 Flashcards
What is meant by the term social contrition and how is crime a social construction
The term social construction refers to the idea that many aspects of our reality—such as norms, values, are not inherent or natural but are created and shaped by society over time, Crime is considered a social construction because what is defined as a crime is not universal or objective, but rather shaped by social, cultural, and legal contexts.
Why laws differ between culture
(Polygamy)
- Religious reasons, prohibited in Christianity but you can in Islam
- Tradition , in some countries polygamy is deeply embedded in tradition and cultural practice
- Many country laws were shaped by their colonial history, in former British colonies, legal systems often adopted British laws
Why laws differ over cultures
Adultery
Religious belief : Many laws regarding adultery are deeply rooted in religious doctrines. e.g Christian doctrines teaches that adultery is a sin
Secularisation : There has been shifts toward separating law from religious and moral concerns
Patriarchal societies see adultery has a crime against men as it’s seen as a violation to men property
Why laws differ between cultures
FGM
-Cultural Significance: In certain cultures, FGM is viewed as a traditional rite of passage to adulthood, marriagehood
-Lack of enforcement: Even when laws are in place to ban FGM, enforcement can be weak or inconsistent in certain countries
-Economic Considerations: In certain areas, FGM may be seen as part of an economic transaction, they believe that performing FGM makes their daughters more eligible for marriage, which, can improve the family’s financial situation.
Why laws change over time
Homosexuality
- Law about homosexuality changed over time due to campaigns such as “Campaign against section 28”
- Human right: LGBTQ+, often relies on these principles to combat descrimination and put pressure for change
- Secularisation: There has been a shift toward separating law from religious and moral concerns
