LIT 4 Black, Crime as Social Control Flashcards
Define ‘self-help’ in the context of social control. Black
Self-help is the expression of a grievance through unilateral aggression, such as personal violence or property destruction.
What is the central argument of Donald Black’s article “Crime as Social Control”?
Black argues that much conduct classified as crime in modern societies, such as the United States, is actually a form of self-help, similar to traditional modes of social control found in stateless societies. He suggests that these acts, often seen as criminal, can be understood as moralistic responses to perceived wrongdoing.
Provide examples of self-help as social control in traditional societies. Black
o Homicide: In many traditional societies, homicide is not considered a crime in itself but a justifiable response to a perceived wrong. For example, the Maya Indians of Southern Mexico label anyone killed from ambush as “the one who had the guilt”, assuming they provoked the attack. Similarly, the Eskimos of the American Arctic see homicide as an appropriate response to offences such as adultery or insult.
o Violence against women: In some societies, husbands routinely subject their wives to corporal punishment for perceived transgressions such as laziness or infidelity.
o Property destruction: Property destruction can also serve as social control. For instance, the Cheyenne might kill a man’s horse as punishment, while the Qolla might destroy an enemy’s crops.
o Confiscation of property: Theft or burglary may be a form of social control when used to express disapproval or seek retribution.
Give examples of self-help as social control in modern societies. Black
o Homicide: Modern-day homicide often stems from perceived grievances, with over half of the cases in Houston in 1969 occurring during quarrels or in response to provocation.
o Assault: Most assaults involve individuals who know each other, and the violence often arises from a personal grievance or the enforcement of social norms within their relationships.
o Burglary and Theft: Burglary, especially when the perpetrator knows the victim, can be a form of expressing a grievance. Theft may also function as a moralistic act, particularly when the stolen item holds no value for the thief.
o Robbery: Robbery may serve as an alternative to legal means of debt collection, or simply as a way of expressing disapproval of the victim.
o Vandalism: Vandalism is often a form of retaliation or punishment. It may target individuals or businesses perceived as having committed a wrong.
o Collective Liability: Modern society also sees instances of collective liability, where individuals are targeted not for their own actions but as representatives of a larger group (e.g., racial or social groups).
How do legal officials often respond to crimes of self-help? Black
While the state theoretically holds a monopoly on the legitimate use of violence, in practice, many crimes of self-help are handled with leniency by legal officials. This might be due to an understanding of the underlying social dynamics or a tacit acknowledgement of the limits of law’s reach in personal disputes. Examples include historical leniency towards self-defence pleas in homicide cases, reluctance to prosecute duellists, and the dismissal of charges in cases of burglary or robbery motivated by debt collection.
How does the theory of self-help explain crime in modern society? Black
Drawing on Hobbesian theory, Black posits that crimes of self-help are more likely to occur in modern settings where law—governmental social control—is least developed or available. This can be seen in:
o Underworld businesses: Where legal protection is unavailable (e.g., gambling debts), these organisations often resort to their own forms of violent enforcement.
o Marginalized communities: Groups with lower social status (e.g., minorities, the poor) often receive less legal protection, leading to higher instances of self-help within these communities.
o Intimate relationships: Legal officials are often reluctant to intervene in conflicts within families or households, creating a space for self-help to flourish.
What are the four patterns that characterise the relationship between law and self-help? Black
Black identifies four patterns, determined by the social positions of those involved in a grievance:
o Law unavailable to both parties: Seen in conflicts between individuals of low status or within intimate relationships.
o Law unavailable to those with grievances: This is typical when someone from a lower social standing has a grievance against a superior.
o Law readily available to those with grievances: Observed in situations where an individual of higher social status has a grievance against someone of lower status.
o Law readily available to both parties: This applies to conflicts between individuals of high status or who are strangers to each other.
How does Black’s approach differ from traditional criminology?
Black’s approach departs from traditional criminology by focusing on the social control aspects of criminal behaviour. Instead of focusing on what makes criminals or their actions unique, he highlights the similarities between crime and other forms of social control, suggesting they share a common function in addressing grievances. He argues that understanding crime requires examining its role in the broader sociological framework of conflict management and social order.
