Conflict Theory Flashcards
5 types of conflict theory
- cultural conflict theory
- group conflict theory
- instrumental marxism
- structual marxism
- left realism
what is conflict theory (general theory)
- conflict in society, not all groups have say in what happens
- some groups have more power
- those with less power labelled criminals
what is cultural conflict theory
diverse cultural groups maintain distinct conduct norms or cultural rules governing appropriate conduct. crime norms (inappropriate + punished) vs conduct norms of minority cultures. -- laws reflect values of dominant cultural groups = cultural conflict
cultural conflict in the legal sphere
homicide = honour killing
female genital mutilation, marital rape
cultural conflict theory: crime is result of?
conduct norms of dominant culture extended over group with different conduct norms.
- assimilate, or maintain own cultural values + potentially break the law.
cultural conflict theory: as society diversifies
more heterogeneous, greater probability of cultural conflict, therefore deviance would increase.
honour killings: sensitivity + reflexivity
- defined differently than homicide. in honour of family.
- distinguished from other forms of violence
- problems of stigmatization (not fair to generalize all homicide in these cultures as honour killing)
- understanding can influence common knowledge
rhianna vs aasiya hassan
r: domestic violence
A: honour killing, race, religion, ethnicity.
motivation + decision of honour related violence
- homicide is motivated by the goal to restore social reputation that has been ‘damaged’ by victims breach of conduct norms
- decision of lethal violence is often collective family affair
most often situation of honour killing
- premeditated homicide
- agreed upon by victim’s family members
- executed by 1+ (usually) male relatives
- in responses to rumours of lapses of chastity
- familial honour = man’s honour
4 characteristics of families in which honour killings occur?
- highly differentiated gender roles
- emphasize patriarchical rule + control over women
- expect female submission, passivity + chastity
- women cannot gain honour, only lose it
geographically in the States where is culture of honour? why?
southern US.
- theorized that had to be violent, dominant males because there was no police/regulation in the past. Were herders, so if didn’t protect their livelihood would be taken away.
kill or be killed mentality.
RETALIATION, MASCULINITY
what is group conflict theory?
focuses on crime that occurs due to conflict between competing “interest” groups.
- law-making (thus, laws re:criminality) made my more powerful interest group.
2 types of group conflict can result in criminal behaviour
- when there is conflict between the behaviour of minority + laws of majority
- conflict between competing interest groups vying for power
Quinney’s Group Conflict Theory
- “segments of society”; social groupings.
= ROLE OF POWER
what is Quinney’s Role of Power?
- unevenly distributed in society.
- inequality in decision making of public policies + laws
- some interest groups have power to influence = laws in their favour
Karl Marx: structure of society
powerful = bourgeoisie
powerless: proletariat
power differential related to means of production
- the state acts in interest of those who own means of production = protect ruling class.
- capitalism breeds egocentricity, greed, predatory behaviour, exploitation of workers
Karl Marx: opinion on capitalism
- not built for consensus,
- class conflict defines deviance
- only way for change = revolution
what is instrumental marxism?
institutionalized social rules are created by the powerful to serve the powerful
- reflect interests of ruling class
in instrumental marxism, law is equated with class rule for 2 reasons
- ruling class controls formation of law (poor frustrated = act out ~strain theory)
- state + legal system are instruments of capitalist class
what is structural marxism
state institutions function in the long-term interests of capitalism
- laws protect capitalism as a system.
- B can be labelled as deviant
- many laws dont represent immediate interests of capitalist class. laws that benefit less powerful = widespread consent for existing social order
what is left realism?
pay attention to serious harm generated by street crime. to see how change can be implemented.
- note the disproportionate distribution of crime
- note that working-class crime is INTRA-CLASS crime
“treat” crime re: left realism
develop working-class criminology to deal and eliminate crime.
- alternative sentences to prison.
- pre-emptive deterrence
- police more accountable
- harnessing energy of marginalized to create politics of crime control
why honour killing =/= femicide (domestic violence, crimes of passion against women)
- HK: premeditated.
- Passion: committed by intimate partner, HK is group action. family in response to female’s violation
- females are often accomplices
- honor killing is social relationship, aim at satisfying a demand/expectation from the community
Quinney’s theory of crime has 6 propositions
- definition of human conduct is created by authorized agents in politically organized society (legal definitions)
- criminal definitions describe behaviours that conflict with the interests of segments of society that have power to shape public policy
- definitions applied by those with power to shape enforcement + administration
- behavioural patterns structured in segmentally organized society in relation to criminal definitions + within the context persons engage in actions that have relative probabilities of being defined as criminal.
- conceptions of crime constructed + diffused in segments of society by various means of communication
- social reality of crime is constructed by formulation and application of criminal definitions, behaviour and construction of criminal conceptions
4 parts of the social reality of crime
- formulation of criminal definitions
- application
- development of behaviour patterns that relate
- construct criminal conceptions
criticism of instrumental marxist theory:
- portray ruling class as unified group
- ignore how ruling class are influenced/constrained by structural causes
- unable to account for legislation that’s NOT in interest of ruling class
- draw upon overly rigid interpretation
Canada anticombine legislation
prevent corporations from monopolizing supply of commodity/market and fixing prices.
2 objections to bill c-13
- criticize provision that lowers threshold to obtain warrant (reasonable grounds to believe->suspect)
2. expands ability of police to obtain internet data without judicial oversight, without investigation in place.
how are problem populations made?
directly through contradictions in capitalist mode of production
indirectly when disrupt/hinder/question: capitalist mode of appropriating product of human labour, social conditions, patterns of distn + consumption, socialization, ideology that supports the functioning of captialist society
juvenile delinquency in marxist view
own class - surplus population because excluded from lawful sources of income.
criticism of structural marxism
tautological character: circular argument
- emphasize structure > human agency/action
criticisms of left realism
- ahistorical: fails to take into account politics, economy, culture
- greater control of crime = increase social control = more power to state + away from vulnerable
- common sense, but not defensible theory