Article 2c: Crime as social control (Black, 1983) Flashcards
The sociological theory of social control
Crime is not merely a violations of the law, but is often moralistic in nature, involving the pursuit of injustice or punishment. Understanding crime as a form of self-help makes it possible to predict and explain the amount of criminal behaviours.
The nature of crime
Crime is not just merely a violation of the law, but often moralistic in nature. Involving the pursuit of justice or punishment. Understanding crime as a form of self-help makes it possible to predict and explain an amount of criminal behaviour.
Forms of social control
- Homicide: is often perceived as a reaction to crime, but not as the crime itself. Is often related to a grievance or a quarrel.
- Property destruction: can be houses, animals, crops, land, rape etc.
- Robbery or theft involving violence: often arises from a quarrel over money and can be seen as a form of debt collection alternative to the law.
Modern self-help
Despite the state’s ‘monopoly on violence’, self-help persists, because people feel that it’s their own responsibility and not the state’s. They often accept the legal consequences and sometimes even turn themselves in.
Collective liability
When all people in a social category are held accountable for the conduct of their group members. People might be held collectively available because of their neighbourhood, social class, race or ethnicity.
Example: a random police officer becoming the victim of an attack, due to generalisation of alle police officers being racist.
Theoretical considerations
Different groups may view crime very differently. Where some cultures view crime as justified or obligatory, modern societies view every form of crime as criminality. The state often names one victim and one perpetrator, ignoring the mutual grievances involved.
Deterrence of self-help
Crime committed out of moral obligation (like self-help) are harder to deter than those driven by personal gain. Perpetrators often weigh the consequences against the perceived moral or social benefits, and often avoid targets perceived as dangerous due to potential retailiation of their families.
The prosecuting of self-help
Legal systems historically show leniency towards crime of self-help and a significant proportion of arrests don’t results in prosecution. The lenience weakens the deterrence of self-help crimes, further encouraging individuals to take justice into their own hands.
Hobbes theory of statelessness
Hobbes said that life without a sovereign state would results in violence and chaos. This is exaggerated, but the absence of state authority is still associated with higher levels of violence. Nowadays, self-help crimes are more prevalent where legal protections are unavailable or underdeveloped (often among minorities or intimate-family conflicts).
Stateless zones
Places where the law is weak or absent. Within these zones the grievances of lower-status individuals (minorities, teenagers) are often dismissed and reframed as disturbances rather than legitimate grievances.
4 patterns of law and self-help
Law and self-help are unevenly distributed across social contexts. Their relationship is caused by 4 patterns of law and self-help:
1. Low law for both parties: common in minority groups.
2. Low law for aggrieved parties: often resulting in retailliation of avoidance.
3. High law for aggrieved parties: often resulting in law or self-help.
4. High law for both parties: often resulting in handling of conflicts through legal channels.
