The State and Law Making Flashcards
What do Marxists see law making and law enforcement as?
Only serving the interests of the capitalist class.
(Example) What does Chambliss argue about laws to protect private property?
They are the cornerstone of the capitalist economy.
Chambliss: Britain’s East African Colonies
Britain’s economic interests lay in the colonies’ tea, coffee and other plantations, which needed a plentiful supply of local labour. At the time, the local economy was not a money economy and so, to force the reluctant African population to work for them, the British introduced a tax payable in cash, non-payment on which was a punishable criminal offence. The law served the economic interest of the capitalist plantation owners.
What does the ruling class have the power to prevent? (example)
The introduction of laws that would threaten their interests. E.g. there are few laws that seriously challenge the unequal distribution of wealth.
What does Snider argue about the capitalist state?
It is reluctant to pass laws that regulate the activities of businesses or threaten their profitability.
What do Marxist agree with labelling theorist on?
That although all classes commit crime, when it comes to the application of the law by the CJS, there is selective enforcement.
How is selective enforcement shown?
Powerless groups such as the working class and ethnic minorities are criminalised, while the police and the courts tend to ignore the crimes of the powerful.
How is Marxism useful?
It shows the link between law making and enforcement and the interests of the capitalist class.
What does Marxism ignore?
The fact that the CJS does sometimes act against the interests of the capitalist class, e.g. prosecutions for corporate crime do occur.
