Outline and evaluate the view that crime and deviance are socially constructed
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missjadebrownoutlookcom (student)
Outline and evaluate the view that crime and deviance are socially constructed
All crime is considered deviant but not all deviant acts are considered criminal. To analyse the difference between what is crime and what is simply deviant behaviour a clear definition of both needs to be established in order to evaluate whether crime and deviance are socially constructed.
Crime is simply a set of universal rules that are punishable by law. They vary in severity from little misdemeanours to unspeakable acts of maliciousness. Depending on the type of criminal activity will decide on the outcome of the punishment (James, 2017). Whereas, deviance is recognised as a behaviour that is infringing against expected rules and norms. Deviance is more than merely non-conformity; it is behaviour that strays substantially from social expectations. Although these acts are considered offensive, they are not punishable by law and typically the punishment is stigma from within society (Nagel, 2016). For anything to be considered criminal or deviant originally the act itself must have been created and developed by a society. It is the perception of a society that determines whether the act is deviant or criminal making it socially constructed. (Scott & Marshall, 2009)
History has shown us that incidents which were once considered deviant or criminal are now not and have developed over time to conform with today’s principles within society. A clear example of this would-be homosexuality. Homosexuality was a criminal act until eventually, the act was decriminalised and the law changed in 1967 for two men to be in a relationship together without the fear of being arrested. Previous to this law males who engaged in any sexual activity with other males could face a prison sentence (BBC, 2017). In fact, many people would have described this activity as a mental illness (Burton, 2015). However, our societies have become more tolerant and evolved as our human rights have advanced. Although it is now illegal to discriminate against somebody because they are gay (Stonewall, 2016), there are still segments of our communities that would find this act deviant thus making the act itself reflective of the social conformities at that time and place.
A personal subject matter such as sexual promiscuity varies widely from one country to another. While in broadminded civilizations such as the UK, sex between two consenting adults is nobody else’s concern and individuals are educated about the dangers so they can decide for themselves (Beckford & Jamieson, 2008), while in certain countries it can be cause of punishable legal action. (Fakim, 2012)
For instance, in Sudan which has an enormous Muslim population majority, they have much harsher punishments for sexual promiscuity as opposed to the UK who only see the act as liberating or at worse deviant. They adhere to Sharia Law which has a Zina ruling thus meaning sex outside of marriage is punishable by law (Muslim, 2007). It was only in 2012 when a young mother was convicted by the Zina ruling and sentenced to death by stoning (BBC, 2008). As barbaric as it may seem to someone living in the UK, in a society where religion advocates ...
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For instance, in Sudan which has an enormous Muslim population majority, they have much harsher punishments for sexual promiscuity as opposed to the UK who only see the act as liberating or at worse deviant. They adhere to Sharia Law which has a Zina ruling thus meaning sex outside of marriage is punishable by law (Muslim, 2007). It was only in 2012 when a young mother was convicted by the Zina ruling and sentenced to death by stoning (BBC, 2008). As barbaric as it may seem to someone living in the UK, in a society where religion advocates their moral code this is naturally how their society is constructed.
Another case study which is slightly more relatable to how our rulings have developed alongside our attitudes is that which was conducted by Troyer & Markle in 1983 as they tackled smoking. In the 1800’s smoking was utterly frowned upon and seen as activity linked to those who were involved in prostitution or were immigrants. However, post WW1 it soon became a symbol of status due to many soldiers participating in the activity. It is remarkable how a specific event or a certain icon can impact a whole generation on what is now deemed socially acceptable. In spite of this, as our knowledge of science advanced we soon became aware of the health implications that came along with smoking. By the 1960’s smoking soon became judged again and was considered a deviant act by many as the cancer rate grew. As norms change so does legislation which then influences what we view as deviant behavior (Johnson, 1985). We now have regulations on the tobacco packaging to make them all standarised in the hope it deters future people from enrolling in this activity. (Nash, 2013)
Marxism suggests that deviance is socially constructed as it means to stray from the ruling classes ideology since they control the means of production, and are therefore the intellectual rulers in society. They have the power to define working class activities as deviant, in doing so control them (Beirne, 1979). An example of this would be corporate collar crimes that go under the radar, as opposed to single mothers who are given harsher punishments in comparison to companies who commit tax fraud on such a large scale yet seem to ween through the system. “The poor have criminal records, the middle class have skeletons in the closet and the rich have excellent accountants”. (Fogg, 2014)
Howard Becker’s proposed the Labelling Theory and claimed that is not the act itself that is deviant; it is the response of society which defines it as such and, crucially, the responses of the powerful determine how society is expected to view such behaviours. Rather than being universal, deviance is relative – it depends on who commits it and how it is responded too (Becker, 1997).
A piece of anthropological research which undoubtedly reinforces this theory would be that which was carried out by Malinowski. A young boy named Kima’I committed suicide after being publically accused of having incest with a female cousin. When Malinowski asked the community what they thought of the incident they all responded with disgust, however, when pressed further on the topic, it came to light that many had also committed acts of incest and the act itself was far more common than people were aware of. Malinowski concluded from this evidence that just because someone breaks a ruling, it does not automatically follow that others will define it as deviant, and only if a person is effectively labelled, consequences follow. (Schneiderman, 2018)
Controversially, Taylor, Walton and Young (Taylor, et al., 2013) have disputed Becker’s view and claimed that deviance is in fact not outlined by society but by the actions of those who breach the social conventions. They claim there are clear consistencies in what people would find criminal and deviant for example, premeditated murder of an infant would be criminal and deviant irrespective of the audience. With this in mind they are suggesting that deviancy can be explained and recognised not just from the perception of others in a specific environment but in any environment. (Haralambos, 2008)
In conclusion, the law of a country does not exist without constant influences – it is moulded together by a moral conduct of traditions and customs adhered to in that society. Although many sociologist’s opinions would vary on how these customs come about, majority would agree that it is these social norms which we infringe on ourselves that impact the laws which thus give us a clear definition of what is crime and what is deviance. Granted these norms are interchangeable and adapt continuously depending on various influences such as class, media and even religion. Consequently, making them socially constructed. We like to think that morality is well defined, but morality defined by human societies is subject to change.
References
Anon., n.d. Standardised Tobacco Packaging. [Online]
Available at: http://smokefreeaction.org.uk/smokefree/standardpacksindex-html/
BBC, 2008. Stoning victim 'begged for mercy'. [Online]
Available at: http://news.bbc.co.uk/1/hi/7708169.stm
BBC, 2017. Decriminalisation of homosexuality: History of Gay Rights in the UK. Decriminalisation of homosexuality: History of Gay Rights in the UK, 25 Aug.
Becker, H. S., 1997. Outsiders: Studies in Sociology of Deviance. New Edition ed. New York: Free Press.
Beckford, M. & Jamieson, A., 2008. Britain is Among Casual Sex Capitals of the Western World, Research Claims. The Telegraph, 30 November.
Beirne, P., 1979. Empiricism and the Critique of Marxism on Law and Crime. Social Problems, 1 April, 26(4), p. 373–385.
Burton, N., 2015. When Homosexuality Stopped Being a Mental Disorder. Psychology Today, 18 September.
Fakim, N., 2012. Morocco: Should Pre-Marital Sex be Legal?. BBC News, 9 August.
Fogg, A., 2014. What is crime? We can't measure it because we haven't defined it. The Guardian, 16 January.
Haralambos, M., 2008. Sociology Themes and Perspectives. 7th Edition ed. Hammersmith: HarperCollins Publishers Limited.
James, P., 2017. The Crime Book. 1st Edition ed. London: Darling Kindersley Limited.
Johnson, N. R., 1985. Cigarettes: The Battle Over Smoking. Social Forces, 64(1), pp. 228-229.
Muslim, S., 2007. Prescribed punishment for an adulterer and an adulteress. In: The Book Pertaining to Punishments Prescribed by Islam (Kitab Al-Hudud). s.l.:Darussalam, p. 4191.
Nagel, J., 2016. Introducing Sociology: A Graphic Guide. London: Icon Books Ltd.
Nash, L., 2013. Children and Families Bill. [Online]
Available at: https://publications.parliament.uk/pa/bills/lbill/2013-2014/0059/amend/su059-II-a.htm
Schneiderman, H. G., 2018. Engagement and Disengagement Class, Authority, Politics and Intellectuals. Abingdon: Routledge.
Scott, J. & Marshall, G., 2009. Oxford Dictionary of Sociology. 3rd Edition ed. Oxford: Oxford University Press.
Stonewall, 2016. Key Dates for Lesbian, Gay, Bi and Trans Equality. Stonewall Acceptance Without Exception, 26 July.
Swift, J., 2017. The Crime Book. London: DK Penguin Random House.
Taylor, I., Walton, P. & Young, J., 2013. The New Criminology for a Social Theory of Deviance. 40th Anniversary Edition ed. Abingdon: Routledge.
Thorpe, C. et al., 2015. The Sociology Book. London: Dorling Kindersley Limited.
Worth, R., 2010. Crime (Sex) and Punishment (Stoning). [Online]
Available at: http://www.nytimes.com/2010/08/22/weekinreview/22worth.html?pagewanted=all
Bibliography
Anon., n.d. Standardised Tobacco Packaging. [Online]
Available at: http://smokefreeaction.org.uk/smokefree/standardpacksindex-html/
BBC, 2008. Stoning victim 'begged for mercy'. [Online]
Available at: http://news.bbc.co.uk/1/hi/7708169.stm
BBC, 2017. Decriminalisation of homosexuality: History of Gay Rights in the UK. Decriminalisation of homosexuality: History of Gay Rights in the UK, 25 Aug.
Becker, H. S., 1997. Outsiders: Studies in Sociology of Deviance. New Edition ed. New York: Free Press.
Beckford, M. & Jamieson, A., 2008. Britain is Among Casual Sex Capitals of the Western World, Research Claims. The Telegraph, 30 November.
Beirne, P., 1979. Empiricism and the Critique of Marxism on Law and Crime. Social Problems, 1 April, 26(4), p. 373–385.
Burton, N., 2015. When Homosexuality Stopped Being a Mental Disorder. Psychology Today, 18 September.
Fakim, N., 2012. Morocco: Should Pre-Marital Sex be Legal?. BBC News, 9 August.
Fogg, A., 2014. What is crime? We can't measure it because we haven't defined it. The Guardian, 16 January.
Haralambos, M., 2008. Sociology Themes and Perspectives. 7th Edition ed. Hammersmith: HarperCollins Publishers Limited.
James, P., 2017. The Crime Book. 1st Edition ed. London: Darling Kindersley Limited.
Johnson, N. R., 1985. Cigarettes: The Battle Over Smoking. Social Forces, 64(1), pp. 228-229.
Muslim, S., 2007. Prescribed punishment for an adulterer and an adulteress. In: The Book Pertaining to Punishments Prescribed by Islam (Kitab Al-Hudud). s.l.:Darussalam, p. 4191.
Nagel, J., 2016. Introducing Sociology: A Graphic Guide. London: Icon Books Ltd.
Nash, L., 2013. Children and Families Bill. [Online]
Available at: https://publications.parliament.uk/pa/bills/lbill/2013-2014/0059/amend/su059-II-a.htm
Schneiderman, H. G., 2018. Engagement and Disengagement Class, Authority, Politics and Intellectuals. Abingdon: Routledge.
Scott, J. & Marshall, G., 2009. Oxford Dictionary of Sociology. 3rd Edition ed. Oxford: Oxford University Press.
Stonewall, 2016. Key Dates for Lesbian, Gay, Bi and Trans Equality. Stonewall Acceptance Without Exception, 26 July.
Swift, J., 2017. The Crime Book. London: DK Penguin Random House.
Taylor, I., Walton, P. & Young, J., 2013. The New Criminology for a Social Theory of Deviance. 40th Anniversary Edition ed. Abingdon: Routledge.
Thorpe, C. et al., 2015. The Sociology Book. London: Dorling Kindersley Limited.
Worth, R., 2010. Crime (Sex) and Punishment (Stoning). [Online]
Available at: http://www.nytimes.com/2010/08/22/weekinreview/22worth.html?pagewanted=all
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missjadebrownoutlookcom (student)
