Social Construction Of Criminality Flashcards
Polygamy (culture to culture)
The practice of having more than one wife or one husband at the same time.
There are two forms of polygamy:
- Polygyny – where a man may take two or more wives
- Polyandry – where a woman takes two or more husbands
Where is it legal?
Polygamy is legal mainly in Muslim-majority countries. For example, in
India, Malaysia, the Philippines, Singapore, and Sri Lanka, law Permits polygamous marriages (but only for Muslims).
Where is it a crime?
Polygamy is a crime in most countries
Even many Muslim countries place restrictions on it; in Turkey and Tunisia, it is crime
In the UK, anyone who goes through a marriage ceremony while they are still married to someone else is committing the crime bigamy (whereby one person is already married to someone else).
Why does the law vary between cultures?
Religion
The Qur’an permits Muslim men to take up to 4 wives and this is reflected in most Muslim-majority countries.
Tradition
Polygamy has traditionally been practised in some African societies, though it has sharply declined in recent years
Adultery(culture to culture)
Adultery involves a sexual act between two people, one or both of whom is
married to another person.
Where is it legal?
In most countries, including the UK, adultery is not actually against the law. In India, it ceased to be a crime in 2018.
Where is it a crime?
- Most societies that criminalise adultery are Muslim-majority countries.
- In Africa, Christian-majority countries make adultery a criminal offence.
- The Philippines, Taiwan and 21 US states also make this a criminal
offence.
- Punishment varies, from stoning to death (rare), caning (e.g. Malaysia
and Indonesia) or a fine (Rhode Island, USA)
Why does the law vary between cultures?
Religion
Most religions condemn adultery; not committing adultery is one of the Ten Commandments shared by Christianity, Islam, and Judaism.
In societies where law-making has been strongly influenced by religion, adultery is often a crime.
The position of women
Laws against adultery are often found in societies where women occupy a very subordinate (inferior) position.
Homosexuality (culture to culture)
Where is it 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 it a crime?
Male homosexuality is illegal in 72 countries. Lesbian relationships are illegal in 45.
However, even in many countries that do not criminalise homosexuality, they do not allow same-sex couples to marry or adopt.
Why does the law vary between cultures?
Countries where religion has a strong influence over law-making are more likely to have laws making homosexuality a crime.
Some countries where religion has a strong influence have higher levels of support for bans on homosexuality
- For example, 95% in Egypt believe homosexuality should be rejected but others like Russia do not.
Sexism
The fact that male homosexuality is a crime in more countries than lesbianism is, it may be due to sexist assumptions by male lawmakers that women were incapable of same sex attraction.
Canabis (culture to culture )
Laws on cannabis vary widely between different societies. In general, possession of cannabis for personal use is treated more leniently than growing, importing, or supplying cannabis.
Where is it legal?
Some places have legalised possession for personal recreational or medical use (e.g. Portugal, as we saw in Unit 1, 1.3). It is treated as a minor offence, meaning the offender receives a warning, rather than a severe penalty.
Others have legalised its sale, including Canada and Uruguay.
Where is it a crime?
In the UK, possession can be punished with up to 5 years imprisonment and supply 14 years.
Why does the law vary between cultures?
Different norms and values
Differences in laws on cannabis to some extent reflect differences in norms, values, and attitudes between societies. Societies with a greater emphasis on individual freedoms may see drug use as victimless or as an individual’s right to do what they want with their body
Different ideas about how best to control drug use
Lawmakers in some societies take the view that the best way to prevent drugs causing harm is by taking a tough stance to deter their use. They favour severe criminal penalties even for possessing cannabis, which they see as a ‘gateway drug’ which leads to harder drugs.
However, lawmakers in other societies see legalisation as a way to take cannabis out the hands of criminal suppliers and to reduce the harm by enabling users to get help for their problems.
