- Created by: xoemmamcl
- Created on: 05-12-18 13:56
Why Theorise CCP?
- Theorists speak from historical background but it is important in how crime and punishment is seen today.
- Important to understand theory to make sense of why punishment may be appropriate and what they have found in the past.
- Gives broader ideas of social structure and power.
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Marxism – 1818 – 1883 - Societies had to be unders
- Base – All things needed to produce eg, machines & factories.
- Superstructure – Everything not do with production in society eg education & family.
- Base shapes the superstructure & superstructure maintains the base.
- ‘Base and Superstructure metaphor’ – the idea that economic ‘base’ of society determines developments in the ‘superstructural’ realms of law. Marx described the consciousness of people in a situation of class conflict as idealogical as they may represent and believe their ideas are objective and of universal validity. In reality, these ideas express class interests.
- The economics of the base could not explain everything that existed in the superstructure.
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Capitalist Society poliarized into two groups
- Capitalism – This struggle is the key to understanding society, social control and punishment.
- Bourgeoise – class of people who own the means of production eg, Factories.
- Proletariat – working class, have to sell their labour power to capitalists in order to live.
- Class inequality is further enhanced by the interactions between ruling class and the others.
- Marx – understanding the struggles between these two groups was key to understanding social control and punishment.
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Capitalism causes crime
- Argues that capitalism is based on oppression and economic exploitation.
- Therefore, crime happens as a result of inequality and poverty.
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Consciousness of people in class conflicts is ideo
- Marx argued that the ruling classes used their control of social institutions to gain ideological dominance, or control over the way people think in society.
- Marx argued that the ideas of the ruling classes were presented as common sense and natural and thus unequal, exploitative relationships were accepted by the proletariat as the norm.
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Result of this? – False consciousness
- Where the masses, or proletariat are deluded into thinking that everything is fine and that the appalling in which they live and work are inevitable.
- This delusion is known as False Consciousness.
- In Marxist terms, the masses suffer from false class consciousness and fail to realize their common interest against their exploiters.
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Marx view on punishment
- State and law operating in favour of ruling class rather than whole society and punish people for disobeying functions of their class in order to reinforce their power.
- Deviance is going away from norms and values of ruling classes.
- Ruling classes have the right to define working activities as deviant and have control over them.
- Wealthier classes make laws to protect themselves – benefit fraud more punished than embezzlement.
- Real criminals are the elite – they are exploiting the rest of society.
- Therefore, punishing people for disobeying laws reinforces power and maintains the elites position in society.
- Working classes are punished more harshly.
- Critique – Ignores relationship between crime and other factors other than class such as ethnicity and gender. – It is deterministic and simplistic to assume that punishment is directly linked to the economic structure of society.
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Durkheim – 1858 – 1917
- Durkheim had a functionalist view of crime.
- Focus on crime and society.
- Argued crime is inevitable and a normal part of society.
- Crime is socially useful as it sets boundaries for social values and norms.
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- “The bonds which unite men one with another” – took different forms in two different kinds of society.
- Durkheim saw punishment as playing an important role in the creation and maintenance of solidarity which was necessary for social order and continued existence of society.
- Simple societies held together by “mechanical solidarity through likeness”. – people were united by the similiarity in the labour and general social roles they performed – gave rise to a homogenous conscience collective. - Collective conscience – a set of shared beliefs, ideas, and moral attitudes which operate as a unifying force within society.
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Mechanical Solidarity (Pre-industrial)
- Social integration of people with same values.
- Individuals in this group tend to live under the same conditions.
- Argued that crime is inevitable in this society as everyone behaved the same way.
- Anyone who deviated from the conscience collective was a criminal.
- Punishment is an important part of keeping society together as when crime occurs it affects everyone.
- Crime could be defined as “an act is criminal which offends strong defined states of the collective conscience”
- Aim is to protect conscience collective and therefore, punishment tends to be severe.
- Punishment serves to restore and reinforce the outraged conscience collective. Punishment is not primarily a deterrent or reformative. It is produced by collective retributive emotions and has a useful denunciatory effect. – Its main function is to maintain social cohesion intact.
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Organic Solidarity (Industrial)
- Don’t have same beliefs and values.
- Social solidarity was now organic – derived from people who were no longer largely self-sufficient as a result of their own labour.
- Conscience collective became weaker and more humanist.
- Labour divisions - The Division of Labour expounds Durkheim’s theory. It is about the development of specialised work in society.
- Could result in anomie. – Could lead to bad social conditions such as crime.
- Punishment is not as harsh.
- Focuses on regulating connections between people.
- Tends to use more restorative methods when dealing with punishment of crime. Punishment – dwindled in importance as division of labour progresses and punitive law would be replaced with “restitutive law” – required law breakers to make reparation to their victims rather than suffer retributive punishment.
- Argues crime is socially useful and crime and punishment helps develop society.
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- Anomie – state of normlessness – occurs when a society is progressing but rules are not progressing alongside it. – Having no norms can lead to trouble and cause criminal behaviour. It is caused by strains in the social system.
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- Doesn’t explain all crime.
- Doesn’t mention how social forces influence penal institutions.
- His version of conscience collective is problematic, structuralist view.
- Focus is on social control and conformity – doesn’t look at individuals directly and how deviance is connected with some groups more than others.
- Avoids questions of power and who is responsible for making laws and deciding how a criminal act should be punished.
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- Assigns power of punishment to state to maintain social order and collective consciousness.
- Collective conscience can be restored by punishing offenders.
- Anomie weakened punishment – lead to more crime.
- Similarities in todays society? – punishments have become more focused on rehabiliation and reforming the offender. Eg, Commmunity Payback Orders.
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- Seeks to analyse punishment in social context and examine how changing power relations affect punishment.
- Punishment of the soul not the body.
- Discipline and Power – new system of discipline through surveillance.
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- Schooled into conformity by constant surveillance and repetitive forced labour.
- Surveillance created knowledge of criminals body and created a new kind of power.
- Prison – more efficient and profitable in terms of economy of power to place people under surveillance than to subject them to some exemplary penalty.
- Argued – can be seen in other institutions such as asylums.
- Aims to deprive prisoners of freedom.
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- Exaggerates amount of power over prisoners.
- Goffman 1962 – showed how inmates can resist these controls in prison and hospitals.
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