1.2 Social construction of crime Flashcards
Social construction
Refers to something that has been made or defined by society, rather than simply occurring naturally.
What are the 4 topics we covered in terms of laws changing from culture to culture?
Polygamy
Adultery
Homosexuality
Cannabis
What is polygamy and the 2 types?
Polygamy is the practice of having more than one wife or one husband at the same time.
Polygyny- where a man may take two or more wives
Polyandry- where a woman may take two or more husbands
Where is polygamy legal?
Polygyny is actually legal in 58 countries!
Whereas polyandry is confined to just a handful of societies, mainly in the Himalayas.
Most societies where polygamy is legal are Muslim-majority countries.
Where is polygamy illegal?
In the UK anyone who goes through a marriage ceremony while they are still married to someone else, is committing the crime of bigamy.
You could get 7 years in prison, a fine or both.
Why do the laws on Polygamy differ between cultures?
Religion- the Qur’an permits Muslim men to take up to four wives and this is reflected in the laws of most Muslim-majority countries.
In the USA, the Mormon Church practiced polygamy until 1890 and it continues to be practiced illegally by some branched off groups.
Tradition- Polygamy has traditionally been practiced in some African Societies, though it has sharply declined in recent decades.
What is adultery?
Adultery involves a sexual act between two people, one or both of whom is married to another person.
Where is adultery legal?
In most countries, including in the UK, adultery is not against the law. In India it ceased to be a crime in 2018.
Where is adultery illegal?
Most societies that criminalise adultery are Muslim-majority countries, though several Christian-majority countries in Africa make adultery a criminal offence.
Punishment varies widely, from stoning to death, to caning, to a fine.
Why do the laws on Adultery differ between cultures?
Religion: most religions condemn adultery. Not committing adultery is one of the 10 commandments shared by Christianity, Islam and Judaism.
The position of women: Laws against adultery are often found in societies where women occupy a very subordinate position. Usually in such societies, the adultery laws are themselves unequal.
Where is homosexuality legal?
Homosexuality is legal in the UK, Europe and North and South America. Although it is a crime in many Muslim countries, in Indonesia, the world’s largest Muslim state by population, it is legal.
Where is homosexuality illegal?
Male homosexuality is illegal in around 72 countries and in 45 so are lesbian relationships.
In 6 countries, conviction can result in the death penalty.
In some countries such as Russia, it is not illegal but the law bans its ‘promotion’.
Why do the laws on Homosexuality differ between cultures?
Religion- many religions, including Christianity, Islam and Judaism, have traditionally condemned homosexuality.
Public opinion- Polls by the Pew Research Centre show higher levels of support for bans on homosexuality in some countries. Some of these are countries where religion has a strong influence (e.g. Egypt)
Sexism- The fact that male homosexuality is a crime in more countries than lesbianism is, may be due to sexist assumptions by male law makers that women were incapable of same-sex attraction.
Where is cannabis legal?
Some places have legalised possession for personal recreational or medical use, e.g. Netherlands, Portugal.
Where is cannabis illegal?
In the UK, possession can be punished with up to 5 years in prison and supply with 14 years. Many other European countries have similar laws.
