Defining state crime
- Created by: chelseanicole
- Created on: 18-01-18 10:14
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- Defining state crime
- Domestic law
- Chambliss - "acts defined by law as criminal and committed by state officials in pursuit of their jobs as representative of state"
- Social harms and zemiology
- Michalowski - much harm done by states is not against the law. "legally permissible acts whose consequences are similar to those of illegal acts" in the harm they case
- Similarly, Hillyard et al - replace study of crimes with zemiology - study of harms - including state-facilitated poverty
- Evaluation: critics argue that 'harms' definition is potentially v vague. What level of harm must occur before an act is defined as a crime?
- Similarly, Hillyard et al - replace study of crimes with zemiology - study of harms - including state-facilitated poverty
- Michalowski - much harm done by states is not against the law. "legally permissible acts whose consequences are similar to those of illegal acts" in the harm they case
- Labelling and societal reaction
- Human rights
- Human rights as a way of defining state crime
- Natural rights - people have simply by virtue of existing, such as right to life, liberty and free spech
- Civil rights - such as rights to vote, privacy, to fair trial, or to educatiom
- Herman and Schwedinger - we should define state crime as violation of people's basic human rights
- Evaluation: Cohen - while gross violations of human rights e.g torture are clearly crimes, other acts e.g. economic exploitation are not self-evidently criminal, even if we find them morally unacceptable
- Risse et al - advantage of this definition is that it makes state's susceptible to shaming if they infringe human rights. Provides leverage to make them respect their citizen's rights
- Human rights as a way of defining state crime
- Whether an act constitutes a crime depends on whether the audience for the act defines it as a crime
- recognises state crime is socially - what people regard as state crime varies between culture or groups
- Kauzlarich - anti-Iraq War protesters. While they saw the war was harmful and illegitimate, unwilling to label it as criminal
- recognises state crime is socially - what people regard as state crime varies between culture or groups
- Human rights
- Domestic law
- International law
- Rothe and Mullins - base definitions of state crime on international law. Define a state crime as any action by or on behalf of, a state that violates international law
- Advantage - does not depends on the sociologists own personal definitions of harm or who social audience is
- evaluation: international law is a social construction involving use of power. Strand and Tuman - found japan sought to overturn international ban on whaling
- Advantage - does not depends on the sociologists own personal definitions of harm or who social audience is
- Defining state crime
- Domestic law
- Chambliss - "acts defined by law as criminal and committed by state officials in pursuit of their jobs as representative of state"
- Social harms and zemiology
- Michalowski - much harm done by states is not against the law. "legally permissible acts whose consequences are similar to those of illegal acts" in the harm they case
- Similarly, Hillyard et al - replace study of crimes with zemiology - study of harms - including state-facilitated poverty
- Evaluation: critics argue that 'harms' definition is potentially v vague. What level of harm must occur before an act is defined as a crime?
- Similarly, Hillyard et al - replace study of crimes with zemiology - study of harms - including state-facilitated poverty
- Michalowski - much harm done by states is not against the law. "legally permissible acts whose consequences are similar to those of illegal acts" in the harm they case
- Labelling and societal reaction
- Human rights
- Human rights as a way of defining state crime
- Natural rights - people have simply by virtue of existing, such as right to life, liberty and free spech
- Civil rights - such as rights to vote, privacy, to fair trial, or to educatiom
- Herman and Schwedinger - we should define state crime as violation of people's basic human rights
- Evaluation: Cohen - while gross violations of human rights e.g torture are clearly crimes, other acts e.g. economic exploitation are not self-evidently criminal, even if we find them morally unacceptable
- Risse et al - advantage of this definition is that it makes state's susceptible to shaming if they infringe human rights. Provides leverage to make them respect their citizen's rights
- Human rights as a way of defining state crime
- Whether an act constitutes a crime depends on whether the audience for the act defines it as a crime
- recognises state crime is socially - what people regard as state crime varies between culture or groups
- Kauzlarich - anti-Iraq War protesters. While they saw the war was harmful and illegitimate, unwilling to label it as criminal
- recognises state crime is socially - what people regard as state crime varies between culture or groups
- Human rights
- Domestic law
- Rothe and Mullins - base definitions of state crime on international law. Define a state crime as any action by or on behalf of, a state that violates international law
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