Critical criminology
Encyclopedia
Critical criminology is a theoretical perspective in criminology
which takes a conflict perspective, such as marxism
, feminism
, political economy
theory or critical theory
. The focus of critical criminology is the genesis of crime and nature of ‘justice’ within a structure of class
and status
inequalities. Law
and punishment
of crime are viewed as connected to a system of social inequality
and as the means of producing and perpetuating this inequality.
Critical criminology sees crime
as a product of oppression
. workers
, (particularly, the poorer sections) and less advantaged groups within society, such as women and ethnic minorities, are seen to be the most likely to suffer oppressive social relations based upon class division, sexism
and racism
. More simply, critical criminology may be defined as any criminological topic area that takes into account the contextual factors of crime or critiques topics covered in mainstream criminology. In North America, critical criminology challenges the status quo
.
varies in different social situations and different periods of history.
For example, homosexuality
was illegal in the United Kingdom
up to 1967 when it was legalized for men over 21. If the act itself remained the same, how could its ‘criminal qualities’ change such that it became legal? What this question points out to us is that acts do not, in themselves, possess ‘criminal qualities’, that is, there is nothing inherent that makes any act a crime other than that it has been designated a crime in the law that has jurisdiction in that time and place.
Whilst there are many variations on the critical theme in criminology, the term critical criminology has become a cynosure for perspectives that take to be fundamental the understanding that certain acts are crimes because certain people have the power to make them so. The reliance on what has been seen as the oppositional paradigm, administrational criminology, which tends to focus on the criminological categories that governments wish to highlight (mugging
and other street crime, violence, burglary
, and, as many critical criminologists would contend, predominantly the crimes of the poor) can be questioned.
The gap between what these two paradigm
s suggest is of legitimate criminological interest, is shown admirably by Stephen Box in his book Power, crime, and Mystification where he asserts that one is seven times more likely (or was in 1983) to be killed as a result of negligence
by one’s employer, than one was to be murdered in the conventional sense (when all demographic weighting had been taken into account).
Yet, to this day, no one has ever been prosecuted for corporate manslaughter
in the UK. The effect of this, critical criminologists tend to claim, is that conventional criminologies fail to ‘lay bare the structural inequalities which underpin the processes through which laws are created and enforced’ (Taylor Walton and Young 1973) and that ‘deviancy and criminality’ are ‘shaped by society’s larger structure of power and institutions’ (ibid). Further failing to note that power represents the capacity ‘to enforce one’s moral claims’ permitting the powerful to ‘conventionalize their moral defaults’ legitimizing the processes of ‘normalized repression’ (Gouldner 1971). Thus, fundamentally, critical criminologists are critical of state definitions of crime, choosing instead to focus upon notions of social harm or human rights
.
tradition, crime is the result of conflict within societies that is brought about through the inevitable processes of capitalism
. Dispute exists between those who espouse a ‘pluralist’ view of society and those who do not. Pluralists, following from writers like Mills (1956, 1969 for example) are of the belief that power is exercised in societies by groups of interested individuals (businesses, faith groups, government organizations for example)– vying for influence and power to further their own interests. These criminologists like Vold (Vold and Bernard 1979 [1958]) have been called ‘conservative conflict theorists’ (Williams and McShane 1988). They hold that crime may emerge from economic differences, differences of culture, or from struggles concerning status, ideology, morality, religion, race or ethnicity. These writers are of the belief that such groups, by claiming allegiance to mainstream culture, gain control of key resources permitting them to criminalize those who do not conform to their moral codes and cultural values. (Selin 1938; Vold 1979 [1958]; Quinney 1970 inter alia). These theorists, therefore, see crime as having roots in symbolic or instrumental conflict occurring at multiple sites within a fragmented society.
Others are of the belief that such ‘interests’, particularly symbolic dimensions such as status are epiphenomenological by-products of more fundamental economic conflict (Taylor, Walton & Young 1973; Quinney 1974, for example). For these theorists, societal conflict from which crime emerges is founded on the fundamental economic inequalities that are inherent in the processes of capitalism (see, for example, wikipedia article on Rusche and Kirchheimer's Punishment and Social Structure, a book that provides a seminal exposition of Marxian analysis applied to the problem of crime and punishment). Drawing on the work of Marx (1990 [1868]); Engels, (1984 [1845]); and Bonger (1969 [1916]) among others, such critical theorists suggest that the conditions in which crime emerges are caused by the appropriation of the benefits others’ labor through the generation of what is known as surplus value
, concentrating in the hands of the few owners of the means of production, disproportionate wealth and power.
There are two main strands of critical criminological theory following from Marx, divided by differing conceptions of the role of the state in maintenance of capitalist inequalities. On the one hand instrumental Marxists hold that the state is manipulated by the ruling classes to act in their interests. On the other, structuralist Marxists believe that the state plays a more dominant, semi-autonomous role in subjugating those in the (relatively) powerless classes (Sheley 1985; Lynch & Groves 1986). Instrumental Marxists such as Quinney (1975), Chambliss (1975), or Krisberg (1975) are of the belief that capitalist societies are monolithic edifices of inequality, utterly dominated by powerful economic interests. Power and wealth are divided inequitably between the owners of the means of production and those who have only their labor to sell. The wealthy use the state’s coercive powers to criminalize those who threaten to undermine that economic order and their position in it. Structural Marxist theory (Spitzer 1975; Greenberg 1993 [1981]; Chambliss & Seidman 1982) on the other hand holds that capitalist societies exhibit a dual power structure in which the state is more autonomous. Through its mediating effect it ameliorates the worst aspects of capitalist inequalities, however, it works to preserve the overall capitalist system of wealth appropriation, criminalizing those who threaten the operation of the system as a whole. As such this means that the state can criminalize not only those powerless who protest the system’s injustices, but also those excessive capitalists whose conduct threatens to expose the veneer of the legitimacy of capitalist endeavor.
Whereas Marxists have conventionally believed in the replacement of capitalism
with socialism
in a process that will eventually lead to communism
, anarchists are of the view that any hierarchical system is inevitably flawed. Such theorists (Pepinsky 1978; Tift & Sulivan 1980; Ferrell 1994 inter alia) espouse an agenda of defiance of existing hierarchies, encouraging the establishment of systems of decentralised, negotiated community justice in which all members of the local community participate. Recent anarchist theorists like Ferrell attempt to locate crime as resistance both to its social construction through symbolic systems of normative censure and to its more structural constructions as threat to the state and to capitalist production.
In a move diametrically opposed to that of anarchist theorists, Left Realists
wish to distance themselves from any conception of the criminal as heroic social warrior. Instead they are keen to privilege the experience of the victim and the real effects of criminal behaviour. In texts such as Young 1979 & 1986, Young and Matthews 1991, Lea and Young 1984 or Lowman & MacLean 1992, the victim, the state, the public, and the offender are all considered as a nexus of parameters within which talk about the nature of specific criminal acts may be located. Whilst left realists tend to accept that crime is a socially and historically contingent category that is defined by those with the power to do so, they are at pains to emphasise the real harms that crime does to victims who are frequently no less disadvantaged than the offenders.
All of the above conflict perspectives see individuals as being inequitably constrained by powerful and largely immutable structures, although they to varying degrees accord to humans a degree of agency. Ultimately, however, the relatively powerless are seen as being repressed by societal structures of governance or economics. Even left realists who have been criticised for being ‘conservative’ (not least by Cohen 1990), see the victim and the offender as being subject to systems of injustice and deprivation from which victimising behaviour emerges.
It is important to keep in mind that conflict theory while derived from Marxism, is distinct from it. Marxism is an ideology, accordingly it is not empirically tested. Conversely, conflict theory is empirically falsifiable and thus, distinct from Marxism (Cao, 2003).
– who claim to be within the ranks. Early criminologies, pejoratively referred to as ‘left idealist’ by Jock Young
1979, were never really popular in the United States
, where critical criminology departments at some universities were closed for political reasons (Rock 1997). These early criminologies were called into question by the introduction of mass self report victim surveys (Hough & Mayhew 1983) that showed that victimisation was intra-class rather than inter-class. Thus notions that crimes like robbery were somehow primitive forms of wealth redistribution were shown to be false. Further attacks emanated from feminists who maintained that the victimisation of women was no mean business and that left idealists' concentration on the crimes of the working classes that could be seen as politically motivated ignored crimes such as rape, domestic violence, or child abuse (Smart 1977). Furthermore, it was claimed, left idealists neglected the comparative aspect of the study of crime, in that they ignored the significant quantities of crime in socialist societies, and ignored the low crime levels in capitalist societies like Switzerland and Japan (Incardi 1980).
in criminology is more than the mere insertion of women into masculine perspectives of crime and criminal justice, for this would suggest that conventional criminology was positively gender
ed in favour of the masculine. Feminists contend that previous perspectives are un-gendered and as such ignore the gendered experiences of women. Feminist theorists are engaged in a project to bring a gendered dimension to criminological theory. They are also engaged in a project to bring to criminological theory insights to be gained from an understanding of taking a particular standpoint, that is, the use of knowledge gained through methods designed to reveal the experience of the real lives of women.
The primary claim of feminists is that social science in general and criminology in particular represents a male perspective upon the world in that it focuses largely upon the crimes of men against men. Moreover, arguably the most significant criminological fact of all, namely that women commit significantly less crime than men, is hardly engaged with either descriptively or explanatory in the literature. In other words, it is assumed that explanatory models developed to explain male crime are taken to be generalizable to women in the face of the extraordinary evidence to the contrary. The conclusion that must be drawn is that not only can those theories not be generalized to women, but that that failure might suggest they may not explain adequately male crime either (Edwards 1989, Messerschmidt 1993, Caulfield and Wonders 1994)
A second aspect of feminist critique centers upon the notion that even where women have become criminologists, they have adopted ‘malestream’ modes of research and understanding, that is they have joined and been assimilated into the modes of working of the masculine paradigm
, rendering it simultaneously gender blind and biased (Menzies & Chunn 1991). However, as Menzies and Chunn argue, it is not adequate merely to ‘insert’ women into ‘malestream’ criminology, it is necessary to develop a criminology from the standpoint of women. At first glance this may appear to be gender biased against the needs and views of men. However, this claim is based on a position developed by Nancy Hartsock
known as standpoint feminism
. Based on the work of Marx, Hartsock suggests that the view of the world from womanhood is a ‘truer’ vision than that from the viewpoint of man. According to Marx (Marx 1964, Lucacs 1971) privilege blinds people to the realities of the world meaning that the powerless have a clearer view of the world – the poor see the wealth of the rich and their own poverty, whilst the rich are inured, shielded from, or in denial about the sufferings of the poor. Hartsock (1983 & 1999) argues that women are in precisely the same position as Marx’s poor. From their position of powerlessness they are more capable of revealing the truth about the world than any ‘malestream’ paradigm ever can. Thus there are two key strands in feminist criminological thought; that criminology can be made gender aware and thus gender neutral; or that that criminology must be gender positive and adopt standpoint feminism.
Cutting across these two distinctions, feminists can be placed largely into four main groupings: liberal, radical, Marxist, and socialist (Jaggar 1983). Liberal feminists are concerned with discrimination on the grounds of gender and its prevalence in society and seek to end such discrimination. Such ends are sought through engagement with existing structures such as governments and legal frameworks, rather than by challenging modes of gender construction or hegemonic patriarchy (Hoffman Bustamante 1973, Adler 1975, Simon 1975, Edwards 1990). Thus liberal feminists are more or less content to work within the system to change it from within using its existing structures.
Critical feminists – radical feminists, Marxists, and socialists – are keen to stress the need to dispense with masculine systems and structures. Radical feminists see the roots of female oppression in patriarchy, perceiving its perpetrators as primarily aggressive in both private and public spheres, violently dominating women by control of their sexuality through pornography, rape (Brownmiller 1975), and other forms of sexual violence, thus imposing upon them masculine definitions of womanhood and women’s roles, particularly in the family. Marxist feminists, (Rafter & Natalizia 1981, MacKinnon 1982 & 1983) however, hold that such patriarchal structures are emergent from the class producing inequalities inherent in capitalist means of production. The production of surplus value requires that the man who works in the capitalist’s factory, pit, or office, requires a secondary, unpaid worker – the woman – to keep him fit for his labours, by providing the benefits of a home – food, keeping house, raising his children, and other comforts of family. Thus, merely in order to be fit to sell his labour, the proletarian man needs to ‘keep’ a support worker with the already meagre proceeds of his labour. Hence women are left with virtually no economic resources and are thus seen to exist within an economic trap that is an inevitable outcome of capitalist production. Socialist feminists attempt to steer a path between the radical and the Marxist views, identifying capitalist patriarchy as the source of women’s oppression (Danner 1991). Such theorists (Eisenstein 1979, Hartmann 1979 & 1981, Messerschmidt 1986, Currie 1989) accept that a patriarchal society constrains women’s roles and their view of themselves but that this patriarchy is the result not of male aggression but of the mode of capitalist production. Thus neither capitalist production nor patriarchy is privileged in the production of women’s oppression, powerlessness, and economic marginalization. Socialist feminists believe that gender based oppression can only be overcome by creating a non-patriarchal, non-capitalist society, and that attempting merely to modify the status quo from within perpetuates the very system that generates inequalities.
Of significant importance in understanding the positions of most of the feminists above is that gender is taken to be a social construct. That is, the differences between men and women are not by and large biological (essentialism) but are insociated from an early age and are defined by existing patriarchal categories of womanhood. In the face of this pacifying or passive image of women, feminist criminologists wish to generate a discursive and real (extended) space within which expressions of women’s own views of their identity and womanhood may emerge.
There are many forms of criticism leveled at feminist criminology, some ‘facile’ (Gelsthorpe 1997) such as those of Bottomley & Pease (1986), or Walker (1987) who suggest that feminist thinking is irrelevant to criminology. A major strand of criticism is leveled at what it is argued is its ethnocentrism (Rice 1990, Mama 1989, Ahluwalia 1991), that is, that in its silence on the experience of black women it is as biased as male criminology in its ignorance of the experience of women. Criminology, claim these writers is sexist and racist and that both errors need to be corrected. A significant number of criticisms are leveled at feminist criminology by Pat Carlen in an important paper from 1992 (Carlen 1992). Among Carlen’s criticisms is that of an apparent inability of feminist criminology to reconcile theoretical insight with political reality, exhibiting a ‘theoreticist, libertarian, separatist and gender-centric tendenc[y]’. She suggests that this libertarianism reflects itself in a belief that crime reduction policies can be achieved without some form of ‘social engineering’. Further criticizing feminism's libertarian streak, Carlen suggests that feminists injunction to allow women to speak for themselves reveals a separatist tendency, arguing that what feminists call for is merely good social science and should be extended to let all classes of humans speak for themselves. This separatism, claims Carlen, further manifests itself in a refusal to accept developments in mainstream criminology branding them ‘malestream’ or in other pejorative terms. Perhaps the most damning criticism of feminism and of certain stripes of radical feminism in particular is that, in some aspects of western societies, it has itself become the dominant interest group with powers to criminalize masculinity (see Nathanson & Young 2001).
, the postmodernist school
applies postmodernism to the study of crime and criminals, and understands "criminality" as a product of the power
to limit the behaviour of those individuals excluded from power, but who try to overcome social inequality and behave in ways which the power structure prohibits. It focuses on the identity of the human subject, multiculturalism
, feminism
, and human relationships to deal with the concepts of "difference" and "otherness" without essentialism or reductionism
, but its contributions are not always appreciated (Carrington: 1998). Postmodernists shift attention from Marxist concerns of economic and social oppression to linguistic production, arguing that criminal law
is a language
to create dominance relationships. For example, the language of courts (the so-called "legalese") expresses and institutionalises the domination of the individual, whether accused or accuser, criminal or victim, by social institutions. According to postmodernist criminology, the discourse
of criminal law is dominant, exclusive and rejecting, less diverse, and culturally not pluralistic
, exaggerating narrowly defined rules for the exclusion of others.
Criminology
Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society...
which takes a conflict perspective, such as marxism
Marxism
Marxism is an economic and sociopolitical worldview and method of socioeconomic inquiry that centers upon a materialist interpretation of history, a dialectical view of social change, and an analysis and critique of the development of capitalism. Marxism was pioneered in the early to mid 19th...
, feminism
Feminism
Feminism is a collection of movements aimed at defining, establishing, and defending equal political, economic, and social rights and equal opportunities for women. Its concepts overlap with those of women's rights...
, political economy
Political economy
Political economy originally was the term for studying production, buying, and selling, and their relations with law, custom, and government, as well as with the distribution of national income and wealth, including through the budget process. Political economy originated in moral philosophy...
theory or critical theory
Critical theory
Critical theory is an examination and critique of society and culture, drawing from knowledge across the social sciences and humanities. The term has two different meanings with different origins and histories: one originating in sociology and the other in literary criticism...
. The focus of critical criminology is the genesis of crime and nature of ‘justice’ within a structure of class
Class
- General :* Class , a group of students attending a specific course or lesson** Lessons, in education** Classroom* Class , an analytical concept used differently to group phenomena from grouping as 'types' or 'kinds'...
and status
Status
Status , is a state, condition, or situation.Status may also refer to:* Social status, in sociology** Achieved status** Ascribed status** Master status** Political status** Socioeconomic status** Sociometric status...
inequalities. Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
of crime are viewed as connected to a system of social inequality
Social inequality
Social inequality refers to a situation in which individual groups in a society do not have equal social status. Areas of potential social inequality include voting rights, freedom of speech and assembly, the extent of property rights and access to education, health care, quality housing and other...
and as the means of producing and perpetuating this inequality.
Critical criminology sees crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
as a product of oppression
Oppression
Oppression is the exercise of authority or power in a burdensome, cruel, or unjust manner. It can also be defined as an act or instance of oppressing, the state of being oppressed, and the feeling of being heavily burdened, mentally or physically, by troubles, adverse conditions, and...
. workers
Working class
Working class is a term used in the social sciences and in ordinary conversation to describe those employed in lower tier jobs , often extending to those in unemployment or otherwise possessing below-average incomes...
, (particularly, the poorer sections) and less advantaged groups within society, such as women and ethnic minorities, are seen to be the most likely to suffer oppressive social relations based upon class division, sexism
Sexism
Sexism, also known as gender discrimination or sex discrimination, is the application of the belief or attitude that there are characteristics implicit to one's gender that indirectly affect one's abilities in unrelated areas...
and racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
. More simply, critical criminology may be defined as any criminological topic area that takes into account the contextual factors of crime or critiques topics covered in mainstream criminology. In North America, critical criminology challenges the status quo
Status quo
Statu quo, a commonly used form of the original Latin "statu quo" – literally "the state in which" – is a Latin term meaning the current or existing state of affairs. To maintain the status quo is to keep the things the way they presently are...
.
Socially contingent definitions of crime
It can also rest upon the fundamental assertion that definitions of what constitute crimes are socially and historically contingent, that is, what constitutes a crimeCrime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
varies in different social situations and different periods of history.
For example, homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
was illegal in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
up to 1967 when it was legalized for men over 21. If the act itself remained the same, how could its ‘criminal qualities’ change such that it became legal? What this question points out to us is that acts do not, in themselves, possess ‘criminal qualities’, that is, there is nothing inherent that makes any act a crime other than that it has been designated a crime in the law that has jurisdiction in that time and place.
Whilst there are many variations on the critical theme in criminology, the term critical criminology has become a cynosure for perspectives that take to be fundamental the understanding that certain acts are crimes because certain people have the power to make them so. The reliance on what has been seen as the oppositional paradigm, administrational criminology, which tends to focus on the criminological categories that governments wish to highlight (mugging
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
and other street crime, violence, burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
, and, as many critical criminologists would contend, predominantly the crimes of the poor) can be questioned.
The gap between what these two paradigm
Paradigm
The word paradigm has been used in science to describe distinct concepts. It comes from Greek "παράδειγμα" , "pattern, example, sample" from the verb "παραδείκνυμι" , "exhibit, represent, expose" and that from "παρά" , "beside, beyond" + "δείκνυμι" , "to show, to point out".The original Greek...
s suggest is of legitimate criminological interest, is shown admirably by Stephen Box in his book Power, crime, and Mystification where he asserts that one is seven times more likely (or was in 1983) to be killed as a result of negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
by one’s employer, than one was to be murdered in the conventional sense (when all demographic weighting had been taken into account).
Yet, to this day, no one has ever been prosecuted for corporate manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
in the UK. The effect of this, critical criminologists tend to claim, is that conventional criminologies fail to ‘lay bare the structural inequalities which underpin the processes through which laws are created and enforced’ (Taylor Walton and Young 1973) and that ‘deviancy and criminality’ are ‘shaped by society’s larger structure of power and institutions’ (ibid). Further failing to note that power represents the capacity ‘to enforce one’s moral claims’ permitting the powerful to ‘conventionalize their moral defaults’ legitimizing the processes of ‘normalized repression’ (Gouldner 1971). Thus, fundamentally, critical criminologists are critical of state definitions of crime, choosing instead to focus upon notions of social harm or human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
.
Conflict theories
According to criminologists working in the conflictGroup conflict
Group conflict, or hostilities between different groups, is a pervasive feature common to all levels of social organization .. Although group conflict is one of the most complex phenomena studied by social scientists, the history of the human race evidences a series of group-level conflicts that...
tradition, crime is the result of conflict within societies that is brought about through the inevitable processes of capitalism
Capitalism
Capitalism is an economic system that became dominant in the Western world following the demise of feudalism. There is no consensus on the precise definition nor on how the term should be used as a historical category...
. Dispute exists between those who espouse a ‘pluralist’ view of society and those who do not. Pluralists, following from writers like Mills (1956, 1969 for example) are of the belief that power is exercised in societies by groups of interested individuals (businesses, faith groups, government organizations for example)– vying for influence and power to further their own interests. These criminologists like Vold (Vold and Bernard 1979 [1958]) have been called ‘conservative conflict theorists’ (Williams and McShane 1988). They hold that crime may emerge from economic differences, differences of culture, or from struggles concerning status, ideology, morality, religion, race or ethnicity. These writers are of the belief that such groups, by claiming allegiance to mainstream culture, gain control of key resources permitting them to criminalize those who do not conform to their moral codes and cultural values. (Selin 1938; Vold 1979 [1958]; Quinney 1970 inter alia). These theorists, therefore, see crime as having roots in symbolic or instrumental conflict occurring at multiple sites within a fragmented society.
Others are of the belief that such ‘interests’, particularly symbolic dimensions such as status are epiphenomenological by-products of more fundamental economic conflict (Taylor, Walton & Young 1973; Quinney 1974, for example). For these theorists, societal conflict from which crime emerges is founded on the fundamental economic inequalities that are inherent in the processes of capitalism (see, for example, wikipedia article on Rusche and Kirchheimer's Punishment and Social Structure, a book that provides a seminal exposition of Marxian analysis applied to the problem of crime and punishment). Drawing on the work of Marx (1990 [1868]); Engels, (1984 [1845]); and Bonger (1969 [1916]) among others, such critical theorists suggest that the conditions in which crime emerges are caused by the appropriation of the benefits others’ labor through the generation of what is known as surplus value
Surplus value
Surplus value is a concept used famously by Karl Marx in his critique of political economy. Although Marx did not himself invent the term, he developed the concept...
, concentrating in the hands of the few owners of the means of production, disproportionate wealth and power.
There are two main strands of critical criminological theory following from Marx, divided by differing conceptions of the role of the state in maintenance of capitalist inequalities. On the one hand instrumental Marxists hold that the state is manipulated by the ruling classes to act in their interests. On the other, structuralist Marxists believe that the state plays a more dominant, semi-autonomous role in subjugating those in the (relatively) powerless classes (Sheley 1985; Lynch & Groves 1986). Instrumental Marxists such as Quinney (1975), Chambliss (1975), or Krisberg (1975) are of the belief that capitalist societies are monolithic edifices of inequality, utterly dominated by powerful economic interests. Power and wealth are divided inequitably between the owners of the means of production and those who have only their labor to sell. The wealthy use the state’s coercive powers to criminalize those who threaten to undermine that economic order and their position in it. Structural Marxist theory (Spitzer 1975; Greenberg 1993 [1981]; Chambliss & Seidman 1982) on the other hand holds that capitalist societies exhibit a dual power structure in which the state is more autonomous. Through its mediating effect it ameliorates the worst aspects of capitalist inequalities, however, it works to preserve the overall capitalist system of wealth appropriation, criminalizing those who threaten the operation of the system as a whole. As such this means that the state can criminalize not only those powerless who protest the system’s injustices, but also those excessive capitalists whose conduct threatens to expose the veneer of the legitimacy of capitalist endeavor.
Whereas Marxists have conventionally believed in the replacement of capitalism
Capitalism
Capitalism is an economic system that became dominant in the Western world following the demise of feudalism. There is no consensus on the precise definition nor on how the term should be used as a historical category...
with socialism
Socialism
Socialism is an economic system characterized by social ownership of the means of production and cooperative management of the economy; or a political philosophy advocating such a system. "Social ownership" may refer to any one of, or a combination of, the following: cooperative enterprises,...
in a process that will eventually lead to communism
Communism
Communism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...
, anarchists are of the view that any hierarchical system is inevitably flawed. Such theorists (Pepinsky 1978; Tift & Sulivan 1980; Ferrell 1994 inter alia) espouse an agenda of defiance of existing hierarchies, encouraging the establishment of systems of decentralised, negotiated community justice in which all members of the local community participate. Recent anarchist theorists like Ferrell attempt to locate crime as resistance both to its social construction through symbolic systems of normative censure and to its more structural constructions as threat to the state and to capitalist production.
In a move diametrically opposed to that of anarchist theorists, Left Realists
Left realism
Left Realist Criminology emerged out of Critical Criminology as a reaction against what was perceived to be the Left's failure to take a practical interest in everyday crime, leaving it to the Right Realists to monopolize the political agenda on law and order...
wish to distance themselves from any conception of the criminal as heroic social warrior. Instead they are keen to privilege the experience of the victim and the real effects of criminal behaviour. In texts such as Young 1979 & 1986, Young and Matthews 1991, Lea and Young 1984 or Lowman & MacLean 1992, the victim, the state, the public, and the offender are all considered as a nexus of parameters within which talk about the nature of specific criminal acts may be located. Whilst left realists tend to accept that crime is a socially and historically contingent category that is defined by those with the power to do so, they are at pains to emphasise the real harms that crime does to victims who are frequently no less disadvantaged than the offenders.
All of the above conflict perspectives see individuals as being inequitably constrained by powerful and largely immutable structures, although they to varying degrees accord to humans a degree of agency. Ultimately, however, the relatively powerless are seen as being repressed by societal structures of governance or economics. Even left realists who have been criticised for being ‘conservative’ (not least by Cohen 1990), see the victim and the offender as being subject to systems of injustice and deprivation from which victimising behaviour emerges.
It is important to keep in mind that conflict theory while derived from Marxism, is distinct from it. Marxism is an ideology, accordingly it is not empirically tested. Conversely, conflict theory is empirically falsifiable and thus, distinct from Marxism (Cao, 2003).
Criticism
Conflict Criminologies have come under sustained attack from several quarters, not least from those – left realistsLeft realism
Left Realist Criminology emerged out of Critical Criminology as a reaction against what was perceived to be the Left's failure to take a practical interest in everyday crime, leaving it to the Right Realists to monopolize the political agenda on law and order...
– who claim to be within the ranks. Early criminologies, pejoratively referred to as ‘left idealist’ by Jock Young
Jock Young
This article is about the sociologist. For the rapper, see Yung JocJock Young is a British sociologist and criminologist.He began teaching at Enfield College of Technology....
1979, were never really popular in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, where critical criminology departments at some universities were closed for political reasons (Rock 1997). These early criminologies were called into question by the introduction of mass self report victim surveys (Hough & Mayhew 1983) that showed that victimisation was intra-class rather than inter-class. Thus notions that crimes like robbery were somehow primitive forms of wealth redistribution were shown to be false. Further attacks emanated from feminists who maintained that the victimisation of women was no mean business and that left idealists' concentration on the crimes of the working classes that could be seen as politically motivated ignored crimes such as rape, domestic violence, or child abuse (Smart 1977). Furthermore, it was claimed, left idealists neglected the comparative aspect of the study of crime, in that they ignored the significant quantities of crime in socialist societies, and ignored the low crime levels in capitalist societies like Switzerland and Japan (Incardi 1980).
Feminist theories
FeminismFeminism
Feminism is a collection of movements aimed at defining, establishing, and defending equal political, economic, and social rights and equal opportunities for women. Its concepts overlap with those of women's rights...
in criminology is more than the mere insertion of women into masculine perspectives of crime and criminal justice, for this would suggest that conventional criminology was positively gender
Gender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...
ed in favour of the masculine. Feminists contend that previous perspectives are un-gendered and as such ignore the gendered experiences of women. Feminist theorists are engaged in a project to bring a gendered dimension to criminological theory. They are also engaged in a project to bring to criminological theory insights to be gained from an understanding of taking a particular standpoint, that is, the use of knowledge gained through methods designed to reveal the experience of the real lives of women.
The primary claim of feminists is that social science in general and criminology in particular represents a male perspective upon the world in that it focuses largely upon the crimes of men against men. Moreover, arguably the most significant criminological fact of all, namely that women commit significantly less crime than men, is hardly engaged with either descriptively or explanatory in the literature. In other words, it is assumed that explanatory models developed to explain male crime are taken to be generalizable to women in the face of the extraordinary evidence to the contrary. The conclusion that must be drawn is that not only can those theories not be generalized to women, but that that failure might suggest they may not explain adequately male crime either (Edwards 1989, Messerschmidt 1993, Caulfield and Wonders 1994)
A second aspect of feminist critique centers upon the notion that even where women have become criminologists, they have adopted ‘malestream’ modes of research and understanding, that is they have joined and been assimilated into the modes of working of the masculine paradigm
Paradigm
The word paradigm has been used in science to describe distinct concepts. It comes from Greek "παράδειγμα" , "pattern, example, sample" from the verb "παραδείκνυμι" , "exhibit, represent, expose" and that from "παρά" , "beside, beyond" + "δείκνυμι" , "to show, to point out".The original Greek...
, rendering it simultaneously gender blind and biased (Menzies & Chunn 1991). However, as Menzies and Chunn argue, it is not adequate merely to ‘insert’ women into ‘malestream’ criminology, it is necessary to develop a criminology from the standpoint of women. At first glance this may appear to be gender biased against the needs and views of men. However, this claim is based on a position developed by Nancy Hartsock
Nancy Hartsock
Nancy Hartsock is a feminist philosopher. She is known for her work in feminist epistemology and standpoint theory, especially the essay "The Feminist Standpoint", which also integrates Melanie Klein's theories on psychoanalysis and the Oedipal crisis...
known as standpoint feminism
Standpoint feminism
Standpoint feminism argues that feminist social science should be practiced from the standpoint of women or particular groups of women as some claim that they are better equipped to understand certain aspects of the world...
. Based on the work of Marx, Hartsock suggests that the view of the world from womanhood is a ‘truer’ vision than that from the viewpoint of man. According to Marx (Marx 1964, Lucacs 1971) privilege blinds people to the realities of the world meaning that the powerless have a clearer view of the world – the poor see the wealth of the rich and their own poverty, whilst the rich are inured, shielded from, or in denial about the sufferings of the poor. Hartsock (1983 & 1999) argues that women are in precisely the same position as Marx’s poor. From their position of powerlessness they are more capable of revealing the truth about the world than any ‘malestream’ paradigm ever can. Thus there are two key strands in feminist criminological thought; that criminology can be made gender aware and thus gender neutral; or that that criminology must be gender positive and adopt standpoint feminism.
Cutting across these two distinctions, feminists can be placed largely into four main groupings: liberal, radical, Marxist, and socialist (Jaggar 1983). Liberal feminists are concerned with discrimination on the grounds of gender and its prevalence in society and seek to end such discrimination. Such ends are sought through engagement with existing structures such as governments and legal frameworks, rather than by challenging modes of gender construction or hegemonic patriarchy (Hoffman Bustamante 1973, Adler 1975, Simon 1975, Edwards 1990). Thus liberal feminists are more or less content to work within the system to change it from within using its existing structures.
Critical feminists – radical feminists, Marxists, and socialists – are keen to stress the need to dispense with masculine systems and structures. Radical feminists see the roots of female oppression in patriarchy, perceiving its perpetrators as primarily aggressive in both private and public spheres, violently dominating women by control of their sexuality through pornography, rape (Brownmiller 1975), and other forms of sexual violence, thus imposing upon them masculine definitions of womanhood and women’s roles, particularly in the family. Marxist feminists, (Rafter & Natalizia 1981, MacKinnon 1982 & 1983) however, hold that such patriarchal structures are emergent from the class producing inequalities inherent in capitalist means of production. The production of surplus value requires that the man who works in the capitalist’s factory, pit, or office, requires a secondary, unpaid worker – the woman – to keep him fit for his labours, by providing the benefits of a home – food, keeping house, raising his children, and other comforts of family. Thus, merely in order to be fit to sell his labour, the proletarian man needs to ‘keep’ a support worker with the already meagre proceeds of his labour. Hence women are left with virtually no economic resources and are thus seen to exist within an economic trap that is an inevitable outcome of capitalist production. Socialist feminists attempt to steer a path between the radical and the Marxist views, identifying capitalist patriarchy as the source of women’s oppression (Danner 1991). Such theorists (Eisenstein 1979, Hartmann 1979 & 1981, Messerschmidt 1986, Currie 1989) accept that a patriarchal society constrains women’s roles and their view of themselves but that this patriarchy is the result not of male aggression but of the mode of capitalist production. Thus neither capitalist production nor patriarchy is privileged in the production of women’s oppression, powerlessness, and economic marginalization. Socialist feminists believe that gender based oppression can only be overcome by creating a non-patriarchal, non-capitalist society, and that attempting merely to modify the status quo from within perpetuates the very system that generates inequalities.
Of significant importance in understanding the positions of most of the feminists above is that gender is taken to be a social construct. That is, the differences between men and women are not by and large biological (essentialism) but are insociated from an early age and are defined by existing patriarchal categories of womanhood. In the face of this pacifying or passive image of women, feminist criminologists wish to generate a discursive and real (extended) space within which expressions of women’s own views of their identity and womanhood may emerge.
There are many forms of criticism leveled at feminist criminology, some ‘facile’ (Gelsthorpe 1997) such as those of Bottomley & Pease (1986), or Walker (1987) who suggest that feminist thinking is irrelevant to criminology. A major strand of criticism is leveled at what it is argued is its ethnocentrism (Rice 1990, Mama 1989, Ahluwalia 1991), that is, that in its silence on the experience of black women it is as biased as male criminology in its ignorance of the experience of women. Criminology, claim these writers is sexist and racist and that both errors need to be corrected. A significant number of criticisms are leveled at feminist criminology by Pat Carlen in an important paper from 1992 (Carlen 1992). Among Carlen’s criticisms is that of an apparent inability of feminist criminology to reconcile theoretical insight with political reality, exhibiting a ‘theoreticist, libertarian, separatist and gender-centric tendenc[y]’. She suggests that this libertarianism reflects itself in a belief that crime reduction policies can be achieved without some form of ‘social engineering’. Further criticizing feminism's libertarian streak, Carlen suggests that feminists injunction to allow women to speak for themselves reveals a separatist tendency, arguing that what feminists call for is merely good social science and should be extended to let all classes of humans speak for themselves. This separatism, claims Carlen, further manifests itself in a refusal to accept developments in mainstream criminology branding them ‘malestream’ or in other pejorative terms. Perhaps the most damning criticism of feminism and of certain stripes of radical feminism in particular is that, in some aspects of western societies, it has itself become the dominant interest group with powers to criminalize masculinity (see Nathanson & Young 2001).
Postmodern theories
In criminologyCriminology
Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society...
, the postmodernist school
Postmodernist school
In criminology the Postmodernist School applies postmodernism to the study of crime and criminals, and understands "criminality" as a product of the power to limit the behaviour of those individuals excluded from power, but who try to overcome social inequality and behave in ways which the power...
applies postmodernism to the study of crime and criminals, and understands "criminality" as a product of the power
Power (sociology)
Power is a measurement of an entity's ability to control its environment, including the behavior of other entities. The term authority is often used for power perceived as legitimate by the social structure. Power can be seen as evil or unjust, but the exercise of power is accepted as endemic to...
to limit the behaviour of those individuals excluded from power, but who try to overcome social inequality and behave in ways which the power structure prohibits. It focuses on the identity of the human subject, multiculturalism
Multiculturalism
Multiculturalism is the appreciation, acceptance or promotion of multiple cultures, applied to the demographic make-up of a specific place, usually at the organizational level, e.g...
, feminism
Feminism
Feminism is a collection of movements aimed at defining, establishing, and defending equal political, economic, and social rights and equal opportunities for women. Its concepts overlap with those of women's rights...
, and human relationships to deal with the concepts of "difference" and "otherness" without essentialism or reductionism
Reductionism
Reductionism can mean either an approach to understanding the nature of complex things by reducing them to the interactions of their parts, or to simpler or more fundamental things or a philosophical position that a complex system is nothing but the sum of its parts, and that an account of it can...
, but its contributions are not always appreciated (Carrington: 1998). Postmodernists shift attention from Marxist concerns of economic and social oppression to linguistic production, arguing that criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
is a language
Language
Language may refer either to the specifically human capacity for acquiring and using complex systems of communication, or to a specific instance of such a system of complex communication...
to create dominance relationships. For example, the language of courts (the so-called "legalese") expresses and institutionalises the domination of the individual, whether accused or accuser, criminal or victim, by social institutions. According to postmodernist criminology, the discourse
Discourse
Discourse generally refers to "written or spoken communication". The following are three more specific definitions:...
of criminal law is dominant, exclusive and rejecting, less diverse, and culturally not pluralistic
Cultural pluralism
Cultural pluralism is a term used when smaller groups within a larger society maintain their unique cultural identities, and their values and practices are accepted by the wider culture. Cultural pluralism is often confused with Multiculturalism...
, exaggerating narrowly defined rules for the exclusion of others.