Advanced Higher
DT – 06/07
Bell Baxter High School
Modern Studies Department
Advanced Higher – Study Theme 2: Law and Order and
Research Methods
Context 1:
Theories of Law and Order
Unit Booklet 1
The nature and role of laws and the values underpinning laws
Context A: Theories of Law and Order
a. Understand the nature and role of laws and the values
underpinning laws
b. Analyse the nature and limits of individual rights in the
UK
c. Explain the concept of responsibility and duty within
the framework of law and order.
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AH Modern Studies
An Introduction to Criminality
Try to answer the following questions as honestly and objectively as possible.
1. Have you ever committed a crime?
2. Put the following crimes in order of seriousness
Murder/assault/speeding/rape/burglary/shoplifting/fraud/vandalism
3. What do you think should be the most serious punishment in society?
4. At what age do you think that people should become criminally responsible?
5. What do you consider to be the major causes of crime in society today?
Come to class prepared to discuss the above questions and issues.
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CRIME AND DEVIANCE
Defining crime
Crime is any act or failure to act that breaks the law of the land.
The legal system of a country will determine what a criminal act is and what is and is not illegal. Acts
that deviate from what is socially considered acceptable may not in fact break the law and the
perception of what is socially acceptable can change over time.
From a sociology point of view crime is interesting on a number of levels. Sociologists think of
questions such as:
 Who decides what is criminal?
 Why are some crimes punished in a certain way? 4o years ago a man would have probably
received a lesser punishment for beating his wife than he would for driving without due care
and attention
 Are some groups more powerful than others in making decisions about what is considered
criminal?
 Is there a social consensus i.e. a commonly held view that agrees on what should and should
not be considered illegal?
 Or, do we accept the views presented to us in education and the media without stopping to
question them?
So, when we think about the definition of crime we need to think of the social forces that result in
some things being illegal and some not. We must also consider the process that determines which
crimes are the most serious.
Conclusions
 Deviance is breaking social norms. Social norms change over time and in different cultures
and evolve as a social process rather than a decision making process by people in authority.
 Crime is breaking the law. Decisions about what is and is not legal are made consciously by
people in authority in the legal profession and the government.
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Social Norms Case Studies
Case study 1.
Two young Arab men are visiting Inverness on their holidays. They walk through the main street
holding hands and chatting about their impression of Scotland.
Case study 2.
In the year 1906, a young couple, Andy and Sarah, decide that getting married is too expensive
and they would rather have a holiday instead. They go off to Blackpool for a week and on their
return move into a house together.
Case study 3.
Munir comes from a strict Hindu family. He has been told he must enter an arranged marriage with
the daughter of a local business man. Munir has a dilemma, he has a girlfriend, Laylah, and he has
just discovered she is pregnant, with his child. He can either decide that although he loves Laylah he
must leave her and marry the girl his parents have chosen in order to respect the wishes of his family.
Or, he can tell his parents he intends to marry Laylah, bring shame on the family and be cast out of
his home and shunned.
Case study 4.
Pamela is a primary teacher. One day in June she wakes to find the weather is already extremely hot,
the sun is beating down and the forecast says it is to be the hottest day of the year. She decides to
go to work wearing shorts and a bikini top.
Case study 5.
Robbie and friends all go out clubbing, every Friday night. This is a ritual that has been going on for
ages and they always have a great time. One Friday Robbie texts his friends and tells them that he
is going to church instead.
For you to consider
1. Which social norms are being broken in each case?
2. Can you come up with other current social norms?
3. How have social norms changed over time?
Points to consider
 Deviance is any action or behaviour that violates social norms
 Social norms are codes of conduct that are considered normal by any particular culture.
 Deviance is socially constructed i.e. the idea of what is deviant changes according to the
social group you are in.
 Deviance is culturally relative i.e. different cultures have different ideas of what is the norm.
 The concept and definition of deviance changes over time.
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The Values Upon Which The Law Is Based
Laws in any society are based on, and reflect the dominant values and attitudes of that society.
Here is the big question for you to ponder
? ARE THESE VALUES ALWAYS THE SAME?
In other words, is there a “universal” set of ideas, beliefs or principles that all societies believe in, and
that all laws reflect? Is there a sense of RIGHT and WRONG, a fundamental truth that cannot
be changed?
Most people would argue that this is quite clearly not the case. The laws of society reflect the
values of that society and they are determined by many variables, in particular:

Religion

Media

Public opinion

The government

The economy
Quite often different societies would agree on what did and did not constitute a crime. They would
often not agree however on the relative importance of crimes or on the severity of the punishments
that were appropriate. (Just think about our recent discussions on crime and punishment.)
The following articles from the BBC news website will highlight this issue.
Task
Your task is to read the articles and take notes on how laws differ between societies, comparing our
laws with those in other countries.
Article 1 – BBC news website, Sunday 1st September 2002 and is in two parts.
Article 2 – BBC news website, Tuesday 30th September 2003
Article 3 – BBC news website Tuesday 12th June 2007
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Article 1 - (Part 1)
Gang rape victim welcomes verdict
Ms Mai (left) says God has given her justice
A Pakistani woman raped on the orders of a self-appointed village council has said she is
satisfied with the death sentences handed down to six men involved in the assault. A special
security court in the south of Punjab Province sentenced the men to death by hanging on
Saturday.
Four were found guilty of rape. Two others, who sat on the tribal council, were judged to have
abetted the crime.
The council had ordered Mukhtar Mai to be raped as a punishment for her family, after her
brother was accused of having an affair with a woman from a more powerful tribe. Human
rights activists in Pakistan have also expressed satisfaction with the convictions. But they say
the government must now act on the issues brought up by this case, which provoked national
outrage.
The chairman of the Human Rights Commission of Pakistan, Afrasiab Khattak, described the
informal judicial system as feudal and barbaric.
'Justice'
The 30-year-old Ms Mai was not in court to hear the judge pass the death sentence on her
rapists.
Her father said that when she heard the news from a relative she was
overcome. Ms Mai told Reuters news agency by telephone: "God has
provided justice to me.
"If courts start giving decisions like this, I am sure rapes will be reduced,
if not stopped totally.
"I am satisfied with the decision."
Humiliation
The rape was ordered by a tribal "panchyat" or council in the village of
Mirwali, near Muzaffargarh city, in June.
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Clan influence
remains high in rural
Pakistan
It took a week before it was even reported to police.
In many of Pakistan's remote areas, tribal councils, made up of
community elders, still work like a lawful body, judging cases ranging
from animal theft or tribal rivalry to murder.
Mukhtar Mai's brother, Abdul Shakoor, said the story of his affair was
concocted to cover up the fact that he had been sodomised by three
men earlier in the day and threatened to report the incident.
When Ms Mai appeared before the gathering from the rival tribe to ask
for a pardon for her brother, council members decided she should be gang raped to punish her
family. After the attack she was forced to walk home, semi-naked.
Appeals
The role played by the village council, which has no legal standing, has
raised particular concerns.
The Human Rights Commission said the government had allowed this
kind of informal justice system to flourish throughout Pakistan and it had
to be controlled.
Activists say this case again illustrates the horrific abuse many women
face in Pakistan - most of whom never see their attackers brought to
justice.
Defence lawyers say they will launch an appeal against the verdicts.
The brother said he
was sodomised
(Part 2)
Death sentences for gang rape
Activists say the case highlights cruel customs
A special court in Pakistan has found six men guilty of their part in the gang-rape of a woman a case which has provoked national outrage.
All six - including two men from a self-appointed tribal council in a remote part of Punjab
province - have been sentenced to death by hanging. Defence lawyers said they would appeal
against the guilty verdict. Human rights activists in Pakistan have expressed satisfaction with
the conviction, but say the government must now act on the issues brought up by this case.
Eight other men who were accused of abetting the rape of 30-year-old Mukhtar Mai in June
were acquitted.
The rape was ordered by a tribal "panchyat" or council in the village of Mirwali, near
Muzaffargarh city, to punish Mukhtar Mai's family after her brother was accused of having an
illicit affair with a woman from a more powerful tribe.
In many of Pakistan's remote areas, tribal councils, made up of community elders, still work
like a lawful body, judging cases ranging from animal theft or tribal rivalry to murder. Mukhtar
Mai's brother, Abdul Shakoor, said the story of his affair was concocted to cover up the fact
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that he had been sodomised by three men earlier in the day and threatened to report the
incident.
National outrage
Mukhtar Mai testified that when she apologised to the council, one man said she should be
pardoned but another immediately insisted that she should be raped. She described begging
the council to save her, but they took no notice and four men raped her while hundreds of
villagers did nothing to stop the assault. Afterwards, she said she was forced to walk home
half-naked in full public view, covered only with a piece of cloth.
However the police took no action until a case was registered a week after the rape. The role
played in the incident the village council, which has no legal standing, has raised particular
concerns.
A spokesman for the human rights commission said the government had allowed this kind of
informal justice system to flourish throughout the country and it needed to be immediately
controlled. Activists also say this case illustrates the horrific abuse many women face in
Pakistan, with most of them never seeing their attackers brought to justice.
The BBC's Susannah Price in Islamabad says the widespread publicity surrounding this case
ensured it was brought before an anti-terrorism court, which dealt with it relatively quickly.
Article 2
'Honour killing' father begins sentence
A Muslim man is beginning a life sentence for murdering his daughter because he disapproved
of her Christian boyfriend. Abdullah Yones admitted stabbing 16-year-old Heshu to death at
their home in Acton, west London. The Old Bailey heard Kurdish Abdalla Yones, 48, murdered
Heshu on 12 October 2002 because he feared she was becoming westernised.He pleaded for
the court to pass the death sentence on him for his "appalling" crime after he tried to take his
own life.
'Strong punch'
Heshu, who was described as popular and fun-loving, planned to run away from home after
starting a relationship with an 18-year-old Lebanese teacher. In a letter to her parents,
apparently showing she planned to run away, Heshu wrote: "Bye Dad, sorry I was so much
trouble.
"Me and you will probably never understand each other, but I'm sorry I wasn't what you
wanted, but there's some things you can't change. Hey, for an older man you have a good
strong punch and kick. I hope you enjoyed testing your strength on me; it was fun being on the
receiving end. Well done." Yones was a political refugee who fled Saddam Hussein's regime in
Iraq 10 years ago.
Cut his throat
The court heard that after repeatedly stabbing his daughter and slitting her throat, he cut his
own throat and jumped from a third floor balcony. Scotland Yard described it as a "brutal
honour killing" - a reference to the practice of women being killed by male relatives to redeem
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the family name. Detective Inspector Brent Hyatt said: "There was nothing, nothing at all
'honourable' about her murder.
"After hacking his daughter to death, Mr Yones has attempted every defence, from psychiatric,
and diminished responsibility to extreme provocation, in order to save his own skin." He added
that Yones first claimed al-Qaeda members had broken into the flat, murdered Heshu and then
attacked him. He only admitted murdering her last Monday. Yones's counsel, Icah Peart QC,
said his client wanted to be sentenced to death.
Judge Neil Denison said Yones had tried to commit suicide twice but told him he would pass
the only sentence he could for murder - life imprisonment. He added: "This is, on any view, a
tragic story arising out of irreconcilable cultural differences between traditional Kurdish values
and the values of western society."
But Scotland Yard warned the sentence should be a warning to those who condone or stay
silent about the mistreatment of women in their communities. Commander Andy Baker added:
"Violence in the name of culture will not be tolerated. Murder in the name of honour will be
punished by the severest penalties available in law." Scotland Yard believe there were 12
'honour killings' in the UK last year and said they were not restricted to Muslims, but also
occurred in Sikh and Christian families.
A specialist police unit is researching the practice but police say only a handful of people
believed 'honour killings' were an appropriate cultural response. Mr Baker said people who had
tried to shield Abdalla Yones from police could now be investigated on suspicion of perverting
the course of justice. "We are completely satisfied that some members of the community, or
his friends, tried to assist him in that cover-up," he said. "It's not about one person committing
the murder, it's about the few that acknowledge it and support it and are involved in it."
Article 3
Equality law 'should go further'
Campaigners have urged the government to go further with proposals for a single equality law,
saying more needs to be done for victims of inequality. The Single Equality Bill was criticised
as merely "tinkering" with issues like pay equality and age discrimination.
The government says it wants to clarify the "piecemeal" legislation that has cropped up over 40
years. Issues addressed include elderly people being refused credit cards and loans, and
women breastfeeding in public. The bill, which covers England, Wales and Scotland, aims to
draw together the current patchwork of laws regarding sex, race and religious discrimination.
'Lagged behind'
The Green Paper, essentially a discussion paper designed to lead to a future bill, will be
consulted on until September. Among its proposals are measures to tackle age discrimination,
on which campaigners say the government has "lagged behind" efforts to tackle race, gender
and disability discrimination.
The paper notes concerns that older people in hospital or care services are sometimes not
treated with dignity, while others are discriminated against when they apply for loans. But it
says it wants to protect positive age-related measures, like concessionary bus passes and
holidays catering for older people.
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It also proposes requiring landlords to carry out alterations to communal areas, like stairs and
hallways, if they have a disabled tenant. The paper says that many people end up "virtual
prisoners in their own home". Landlords would not be able to refuse to install alterations like
wheelchair ramps and stair lifts, if the tenant pays for it themselves. But Disability Rights
Commission chief executive Bob Niven said it "failed to measure up".
Tougher enforcement
Planes and ships would still be excluded from equal access laws, he said, and there were no
measures to make it easier to bring cases against bosses. He said tougher enforcement was
needed of existing anti-discrimination laws, which were being repeatedly broken by businesses
and employers. And Kate Jopling, of Help the Aged, said it was a "disgrace" that efforts to
deliver equality on the grounds of age had been left "lagging so far behind".
She said older people were discriminated against in the NHS and the insurance industry, and
she hoped the Green Paper offered a chance to close "gaping holes" in age discrimination law.
Proposals also include making private clubs give women equal rights - although it would not
ban clubs aimed exclusively at men or women, or a particular social group.
Only half of the 2,500 working men's clubs give women full membership rights while some golf
clubs stop women playing at the weekend or restrict access to the club house.
'Second class'
The paper says clubs should not be able to treat some people as "second-class members" and
it proposes to extend the rights disabled people have as guests in private clubs to race and
sexual orientation.
But Trevor Phillips, who will chair the new Commission for Equalities and Human Rights
(CEHR), said: "This should be an opportunity to do something more ambitious than simply
ensuring that women get a place at the bar in the local golf club." Katherine Rake, director of
the Fawcett Society women's rights group, said: "This might be good news for women who
play golf, but for the millions more who just want to be paid equally it's a distraction.
"At the current rate of change, it's going to take 140 years until women are paid equally - and
the government has missed a huge opportunity to speed that up. This is tinkering at the
edges."
Other proposals include giving women the legal right to breastfeed their babies in public, and
some protection for transsexuals - although it also suggests a "provision allowing organised
religion to treat people differently on the grounds of gender reassignment". While the
Commission for Racial Equality, soon to be replaced by the CEHR, welcomed the paper, it
said it still "needs improvement" and should put racial equality at the heart of the bill.
'Piecemeal' laws
Communities Secretary Ruth Kelly said laws had been introduced over 40 years "in a
piecemeal fashion" and the paper aimed to make them "as clear and effective as possible".
A spokeswoman for her department called on critics to recognise that the Single Equality Bill
would unite "nine pieces of major legislation and around 100 pieces of ancillary legislation,"
making the law clearer and more effective.
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"Whilst we appreciate that it is always the job of lobby groups to call on the government to go
further, it is important people recognise the scale of the reforms we are putting forward today,"
she said. Susan Anderson, of the Confederation of British Industry, said the underlying causes
of inequality had to be tackled as well, but welcomed the government's decision not to
"completely overhaul" discrimination regulation.
"This would have created an industry for lawyers, and distracted employers from the real task
of raising equality and diversity in ways that benefit them and their employees," she added.
Religion
Throughout history, the law in different societies has been based on religion. Since the 10
Commandments the “word of God” has often been taken as law. Different religions however have
different views and beliefs, e.g. Hindus believe the cow to be a sacred beast and the killing of a cow
can therefore be a serious crime.
UK history which has been dominated by Christianity considers crimes of murder, rape and theft
as important but as religion has declined in importance in society in the 20th and 21st centuries,
punishments for certain crimes have diminished e.g. murder is not as harshly punished as it was and
adultery is no longer seen as a crime at all.
The migration of many people in recent years has caused clashes of religious beliefs and attitudes
towards crime and the law. Immigrants may view some acts as acceptable but which would make them
criminals in their adopted country. You may remember the case of the 12 year old UK tourist who
“married” a 21 year old Turkish man. This may be acceptable in some Muslim nations but is
obviously not so in the UK. (This relates to the age of consent – 16).
Religious values and the law
When the wearing of crash helmets was made compulsory under UK law, many Sikhs could no
longer legally ride a motorcycle, as they were obliged by religious law to wear a turban.
Task
Refer back to article 2 and explain how religion affects people’s beliefs about crime and morality.
11
The Media
A country’s media can have a large impact on the law. Recently in the UK there has been growing
concern about the supervision of sex offenders. The most recent news has been about tracking of
convicted sex offenders once released from prison and the possibility of voluntary chemical
castration of sex offenders. Feelings run high when these issues are debated and often the public’s
perception is shaped or influenced by the media. Refer to the following story from:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/scotland/6709329.stm
31/05/2007
Action to keep track of offenders
The Scottish government has begun work on plans to release the names and pictures of sex
offenders who have gone on the run. It said the move was a "useful" way of finding potentially
dangerous offenders who failed to stick to the terms of their registration. The announcement
came after a meeting between First Minister Alex Salmond and Scottish Tory leader Annabel
Goldie. They also discussed using satellite tracking for serious offenders.
'All bets off'
Work is underway with the police and prosecutors to deliver the publishing scheme "in the
coming months". The meeting, also attended by Tory justice spokesman Bill Aitken and Kenny
MacAskill, the justice secretary, also approached the issue of making offenders face lie
detector tests. "We recognise the deeply held fears many communities have about the risks
that sex offenders present," said Mr MacAskill. "Sex offenders need to take responsibility for
their actions. When they decide to disappear then all bets are off with regard to how we find
them." Mr Aitken added: "This was an extremely helpful and constructive meeting. At the end
of the day what we all want to achieve is to greater public confidence in the system for
monitoring sex offenders."
http://news.bbc.co.uk/1/hi/uk/6746965.stm
The above link will provide information on libido reducing drug treatment, Sarah’s Law, lie detector
tests, sex offender crime figures and many other links.
Task
In your own time, visit this page, take appropriate notes and research some of the interesting and
appropriate links. At some time in the near future at least 2 of you will be asked to deliver, to the
class, a synopsis of some of the more interesting facts you have found out.
Sarah’s Law is a particularly interesting case as the News of the World published pictures of
names and addresses of men they claimed were sex offenders. They campaigned for Sarah’s Law
which would mean that local parents would be informed if someone on the Sex Offenders Register
was living in their area. Many commentators believe that this simply creates a moral panic. The public
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believe that sexual crimes against children are much more common than they were, is this the case or
are they just reported more?
Public Opinion
Laws can and do change over time in response to changes in public opinion, obviously influenced by
events and the media, etc. Obvious examples would include:

Dunblane, the Snowdrop Appeal, the Cullen Report and subsequent handgun ban

Hillsborough, the Taylor Report and the introduction of all seated stadia

The death of Princess Diana and calls for greater press controls

Rail crashes, subsequent investigations and calls for changes in the powers of the Rail
Regulator
The Government
Public opinion is often moulded by disasters and major news stories and so when governments
introduce appropriate legislation they are “pushing at an open door”. A perfect case in point was
the very quick introduction of the law to ban the use of handguns following the Dunblane tragedy.
However governments also try to change laws in order to “steer” public opinion. Examples of this
happening include:

When the government first introduced legislation to outlaw hanging the public were heavily in
favour of keeping capital punishment.

When the wearing of seatbelts in the front of cars was introduced the public were mostly
against it

Perhaps the best and most current example is the UK government’s attempts to introduce
ID cards.
Sometimes the government (laws) are led by public opinion, sometimes public opinion is led by the
government.
The Economic System
A Marxist would argue that the law, in a Capitalist society, reflects the values and economic
interests of the ruling class, i.e. the bourgeoisie.

Working class blood sports such as dog fighting has long been illegal and yet the
“aristocratic” sport of hunting foxes with dogs remains legal.
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
The hours that pubs stay open have been restricted since the industrial revolution as the
need for a “sober and reliable workforce” made these restrictions necessary.
Capitalist nations such as the UK, often view theft differently depending on the thief. A youth
stealing £100 from a post office with a knife might be viewed as more serious than a company
director defrauding the company he works for of millions.
Hence a Marxist may also argue that Capitalist societies will view crimes against property as more
serious than crimes against people.
The Rule of Law
Right wing perspectives – relationship between the state and the individual
Right wing perspectives assert that the role of the state is to protect and that state interference
should be minimal. The philosopher John Stuart Mill stated that “the only purpose for which power
can be rightfully exercised over any member of a civilised community, against his will, is to prevent
harm to others…” The emphasis here is on the rights of the individual, contemporary thinker Robert
Nozick states, “Individuals have rights, and that there are things that no person or group may do to
them (without violating their rights).”
Thus the right wing theorists assert the supremacy of the individual and the state’s role is to protect
individuals, as Mill states “to prevent the weaker members of the community from being preyed upon
by innumerable vultures, it was needed that there should be an animal of prey stronger than the rest,
commissioned to keep them down.” This is then the role of the state. Right wing theorists assert
that a state that interferes too much has overstepped the mark. They would therefore claim that
redistributive taxation is an example of the state interfering in individual rights.
Left Wing Perspectives Relationship between the State and the Individual
Marxists assert that the role of the state in Capitalist society is to uphold the interests of the ruling
class. Socialisation agencies such as education and the media influence people to conform to the
values necessary to maintain the Capitalist order. Left wing theorists argue that the law is used to
uphold individual rights as opposed to the rights of the working class as a whole. They assert that
many laws centre on the protection of property, as this is the principle concern of capitalism. “White
collar crime” is “ignored” as the state protects one group of individuals to the detriment of the
masses. They would cite examples of laws failing to protect workers from pollution as an example of
the ruling classes’ interests being put before the masses’.
Task
Compare left and right wing perspectives on the rule of law.
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Traditional Marxist Perspectives on Crime
“The history of criminal legislation in many countries shows that an excessive
prominence was given by law to the protection of property”
Herbert
Manheim
“Property crime is better understood as a normal and conscious attempt to amass
property than as the product of faulty socialisation or inaccurate and spurious labelling.
Both working class and upper class crime… are real features of society involved in a
struggle for property, wealth and self-aggrandisement. A society which is predicated on
unequal right to the accumulation of property gives rise to the legal and illegal desire to
accumulate property as rapidly as possible.”
Taylor et al 1975
Introduction
Interactionist approaches opened up a concern with the process of criminalisation, but failed to
explore this process in the context of the social, political and economic organisation s of
society. Nor did they ask why some acts were defined as deviant whereas others were not.
This issue became a central theme of Marxist criminology.
While Marx did not write at length about crime Marx argued that the laws were generally the
codified means by which one class, the rulers, kept another class, the rest of us in check.
Marxists recognise that for a society to function efficiently, social
order is
necessary. However, apart from communist societies, they
consider
that in all societies’ one class – the ruling class – gains far more
than other
classes. Marxists agree with functionalists that socialisation
plays a
crucial role in promoting conformity and order. However, unlike
the latter,
they are highly critical of the ideas, values and norms of
capitalist
society, which they term ‘capitalist ideology’.
Modern Marxists point to education and the media as socialising
agencies,
which delude or ‘mystify’ the working class into conforming to a social order, which works
against its real interests.
Basic Beliefs:
The idea that the poor are driven to commit crime strongly underpins the theories of those
criminologists who have taken Marx’s work further…
 Deviance is partly the product of unequal power relations and inequality in general.
 It is an understandable response to the situation of poverty.
 See power as largely being held by those who own the factors of production.
 Crime is often the result of offering society-demeaning work with little sense of
creativity.
 The Marxist concept of alienation can be applied here.
 The superstructure serves the ruling classes.
 The state passes laws, which support ruling class interests. Maintain its power, coerce,
and control the proletariat. They see individual property rights as much more securely
established in law than the collective rights of, for instance, trade unions.
 Laws passed reflect the wishes and ideologies of the ruling classes.
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

Moreover, people have unequal access to the law. Having money to hire a good lawyer
can meant the difference between being found not guilty or guilty.
Thus for Marxists punishment for a crime may depend and vary according to the social
class of the perpetrator.
Given the above, the main issues for Marxists are....




The manipulation of basic values and morality of society
The process of law creation.
The enforcement of law
Individual motivation.
Who Makes the Laws?
From a Marxist viewpoint....





Laws are made by the state, which represent the interests of the ruling class.
This line of argument forms the basis of a theory of widespread crime and selective law
enforcement;
Crime occurs right the way through society, but
poor criminals receive harsher treatment than rich criminals.
Marxists tend to emphasise ‘white collar, corporate crime’ and pay less attention to ‘blue
collar’ variants. They note that the crimes of the upper class exert a greater economic
toll on society than the crimes of the ‘ordinary people’
Definitions of Business Crime from A Marxist Viewpoint



Corporate or Business Crime: This term is usually applied to business persons holding
power who engage in fraudulent activity on behalf of their company to raise profits. This
notes that the economic cost of corporate crime is between 24 times to 42 times greater
than losses accounted for by “traditional” property crimes.
White Collar crime: term that is more generic used for a range of crime in business.
Organised crime: Best known examples include the MAFIA, where a complex web of
politics, the law and big business can all be intertwined in a world of corruption and
violence. Violence against members of the USA population by corporate gangsters in
pursuit of profit far exceeds violence by ‘lower class street criminals’
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Mannheim and Chambliss: Excessive Protection of Property
Many sociologists have noted the large number of laws dealing with property in capitalist
society. For example, Hermann Manheim writes that....
The history of criminal legislation in England and in many countries shows that an excessive
prominence was given by law to the protection of property.
According to William Chambliss, such laws were largely unnecessary in feudal society were
land, unmoveable property, was the main source of wealth and
landowners were the undisputed masters of the economic
resources of the country.
However, with the increasing importance of trade and
commerce, which involve movable property, and the eventual
removal of feudalism by capitalism resulted in vast numbers of
laws protecting the interests of the emerging class. Chambliss argues....
The heart of the capitalist system is the protection of private
property, which is, by definition, the cornerstone upon which
capitalistic economies function. It is not surprising, then, to find that
criminal laws reflect this basic concern.
Snider: Big Corporations Benefit from the Legal System
Lauren Snider notes that capitalistic state is often reluctant to
pass laws, which regulate big business concerns, which might
threaten profitability. She notes that capitalist states often use
vast sums to attract investment from big corporations. They
offer new investors...





Tax concessions
Cheap loans
Grants
Build infrastructures to help capitalism.
Snider suggests having offered this the state is unwilling to enforce laws against
pollution, workers health, and safety; or monopolies
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Bhopal - The Dangers of Unrestricted Capitalism
NAME
The events surrounding the tragedy at Bhopal provide a good case
study of how capitalist enterprises can be supported by the state on
a global scale. Union Carbide, an American owned multi-national
company, set up a pesticide plant in Bhopal, India. On the 3rd
December 1984 the plant accidentally leaked 27 tonnes of methyl
isocyanate (MIC), a deadly gas, into the surrounding atmosphere.
The leakage resulted in over 3000 initial death and at least 15,000
from related illnesses, including blindness, since. Amnesty
International cites 22,000 total deaths as its conservative estimate. Bhopal is frequently cited
as the world's worst industrial disaster.
Investigations since have revealed that the company set up the plant
India because pollution controls. In Snider’s terms 91993), the Indian
state supported such capitalist development in the interest of
allowing profits to be made. Marxists would point out that there have
been no criminal charges despite the high death and injury toll. They
would see the company owners as the true criminals in this scenario.
in
Case study
Name: Raisa Bee
Age at time of disaster: 4
Age at time of death: 16
Neighbourhood: Teela Jamalpura
She died at 6.45 in the morning of 31st October 1996 in the TB Hospital. She was four years
old when she was severely exposed to Carbide's toxic gases. In the interview her mother gave
she recalled, "That night my little daughter was vomiting all over the place and soiling her
clothes over and over. She was coughing and gasping for breath and crying that her eyes were
on fire.. She was very ill for over a week and we thought the worst was over. A few months
later her problems worsened and she would get acutely breathless and bring out sputum when
she coughed. She continued to have burning sensation in the eyes. She got weaker and
weaker and was wheezing all the time. She lost her appetite for food and stayed depressed all
the time. Then we spotted streaks of blood in her sputum. We took her to different doctors and
hospitals but her condition did not improve. She vomited a lot of blood before she died." The
medical records available with her mother show that Raisa was admitted at the JLN Hospital
on 7.8.1996 for 20 days with complaints of breathlessness, coughing and anxiety attacks.
Chest x-ray report dated 30.10.1996 from the TB.
Hospital mentions "Bilateral infiltration with cavity formation left mid zone". All three doctors in
the assessment panel in the Sambhavna Clinic's Verbal Autopsy project have opined that
Raisa's death is attributable to her exposure to Carbide's gases and the injuries caused to her
respiratory and neuropsychiatric systems. In their opinions tuberculosis was a complication
that arose out of the injury caused to her lungs. No claim for compensation for Raisa's death
has been registered.
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The Guinness Affair
This case involved fraudulent leaks to the financial markets by Guinness
directors, which artificially boosted the price of Guinness shares. The
directors concerned made sizeable profits from the company directly and
indirectly for themselves. One of the convicted offenders, Gerald Ronson,
(one of Britain’s 100 richest people) received a one-year sentence in
Ford Open Prison and was released on parole after serving about 6
months. During his time in prison, he had access to a telephone, and his wife continued to run
the group of companies he owned. Since his release, he has continued to be a successful
businessman. Another of the convicted offenders, Ernest Saunders, received a five-year
sentence and was released after about 18 months because of being diagnosed as suffering
from Alzheimer’s disease. Since then, it has proved to be a false diagnosis and Ernest
Saunders became a successful business consultant.
Exercise One
Arguments for and against the Marxist view of crime:
Show how the articles support the Marxist view of crime in a capitalist society. Make 5 statements
that would support this view and three that would reject this view.
Exercise Two
Quinney considers the following components the key components within a Marxist analysis of crime.
Complete the sentences below with the appropriate words to understand a Marxist analysis of
crime.
1. America and by implication Britain is first and foremost an advanced …….. society.
2. Within capitalist societies, the state is organised to serve the interests of the capitalist …..
3. Laws and conventions are created by the state and the capitalist class to preserve existing
social relations of ……
4. In order to maintain order in society, the control of crime (and deviance) is undertaken by
state agencies, such as the …… …….
5. As a result of this, working class people remain oppressed, particularly through ….. means.
6. Crime and deviance can only be eradicated with the collapse of capitalism and the creation of
a …… society.
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Exercise Three
Marxist sociologists claim that society is divided ideologically as well as socially. In saying this, they
alert us to the facts that not only are there different classes, but there are different class interests.
To identify the existence of these competing interests or the following statements into pairs which
express opposing views?
Which of Marx’s two broad classes do you think would agree with each statement?
1. Strikes are one of the few ways in which workers can exert the influence over their pay
and conditions of employment.
2. Is it right that those who have a great deal of wealth should not be taxed heavily because
they have earned it!
3. The shareholders of major companies want their employees to be paid a fair wage for the
work they do.
4. Taxes on rich people should be much higher than at present because they have made
their wealth largely by exploiting ordinary working people.
5. All that shareholders of companies are interested in is in maximising the returns they get
on their shares.
6. Strikes are unnecessary and counter-productive because they interfere with the smooth
running of industry for the benefit of owners, management and workers alike.
Exercise Four
Look at the following statements; link them either to Marxism, Functionalism, Interactionism,
Biological Explanations or Feminism. Look up the definitions if you are unsure.
1. Criminal law is not neutral but instead is an instrument of the ruling class.
2. Individuals become deviant through social processes. Societal reactions to deviance have
implications for those labelled deviant in society.
3. Crimes heighten social solidarity by uniting us against the offender.
4. Criminals can be scientifically differentiated from non-criminals.
5. Not only does criminal law reflect the interests of the powerful, so too does the criminal justice
system.
6. Capitalism creates crime
7. Women have been neglected or misrepresented in theories of crime and criminal justice policies.
8. Crime can only be dealt with through major social, political and economic change.
9. Social processes are key to what is defined and not defined as deviant.
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Exercise Five
Looks at the following statements, assess which can be used to argue the strengths or weaknesses
of Marxism.
1. The Marxist solution is simple yet monumental: it capitalism creates crime if capitalism is the
problem, and then the solution is clear, get rid of capitalism.
2. Marxists tend to view the behaviour of individuals as largely governed by external forces. Thus
their accounts are somewhat deterministic. Some theorists argue that individuals retain free will,
which enables them to decide whether they want to commit crime.
3. Marxists tend to represent working class crime as a creative response to oppression when reality
is that much working class crime is directed at working class people. Moreover, they do not fully
explain why all working class people do not commit crime.
4. It seems to ignore the individual motivation. The stress is primarily on the nature of capitalism
and how economic factors ‘force’ people to act in certain ways.
5. It seems implausible to explain all laws in terms of the interests of the ruling elite; many laws
appear to rest on general agreement.
6. Socialist states also have high crime rates at least as great as our own.
Resources Used in this Unit
Sociology Themes and perspectives: Michael Haralambos
Introductory Sociology: Bilton et al 3rd edition
Crime, Deviance and Social Control: Emma Wincup and Janis Griffiths.
Deviance: Peter Aggleton, Society Now Series of Books
Sociology and Interactive Approach: Nik Jorgensen et al
Investigating Deviance: Stephen Moore, Second Edition.
Introduction to Sociology: Mike O’Donnell, 4th edition
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ROBERT NOZICK - ANARCHY, STATE, UTOPIA
To be governed is to be watched, inspected, spied upon, directed, law-driven, numbered,
regulated, enrolled, indoctrinated, preached at, controlled, checked, estimated, valued,
censured, commanded, by creatures who have neither the right nor the virtue nor the wisdom
to do so.
To be governed is to be at every operation, at every transaction noted, registered, counted,
taxed, stamped, measured, numbered, assessed, licensed, authorized, admonished,
prevented, forbidden, reformed, corrected, punished.
It is, under pretext of public utility, and in the name of the general interest, to be placed under
contribution, drilled, fleeced, exploited, monopolized, extorted from, squeezed, hoaxed,
robbed; then at the slightest resistance, the first word of complaint, to be repressed, fined,
vilified, harassed, hunted down, abused, clubbed, disarmed, bound, choked, imprisoned,
judged, condemned, shot, deported, sacrificed, sold, betrayed;
And to crown all, mocked, ridiculed, derided, outraged, dishonoured. That is government; that
is its justice; that is its morality.
PJ Proudhon, "General Idea of Revolution in the 19th Century"
“… a minimal state. limited to the narrow functions of protection against force, theft, fraud,
enforcement of contracts, and so on, is justified; that any more extensive state will violate
person's rights not to be forced to do certain things, and is unjustified…”
Robert Nozick – Anarchy, State and Utopia
Can there be a more-than-minimal state which does not infringe people’s
basic rights? An essay be David Hannigan 2001
19th Century political philosopher John Stuart Mill ascertained that “ the only purpose for which
power can be rightfully exercised over any member of a civilised community, against its will, is to
prevent harm to others…” It is in this field of study that contemporary thinker Robert Nozick based
his 1974 work “Anarchy, State and Utopia”. In point of fact, the opening sentence of his book
describes that “Individuals have rights, and that there are things that no person or group may do to
them (without violating their rights). “ Nozick continues, with what will be the crux of his work, with the
query as to what a state or officials can do that does not infringe these rights: “ How much room do
individual rights leave for the state?” Nozick believes that individual rights and that nothing has the
right to interfere with the rights of individuals. Beginning from a “State of Nature” of the ilk of John
Locke – in fact, Nozick repeatedly refers to Locke’s philosophy – Nozick shows that not only
would a world in this state of nature, or anarchy, not last but the denizens themselves would move
towards an organised system, or as Locke called it “civil government.” Both Locke and Nozick
argue that in a state of nature there are no constraints on the actions of a person other than “the
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bounds of the law of nature.” It would follow that not everyone would abide by these laws and some
people will likely transgress these laws. Therefore some kind of reprisal is required, people may
reasonably “retribute[sic] to {a criminal} so far as calm reason and conscience dictate, what is
proportionate to his transgression, which is so much as may serve for reparation and restraint.”
Locke’s solution to the problem, as has been said, is civil government. Nozick, on the other hand,
follows through the problems occurred within the state of nature and derives that the only state
which can be morally obtained is one for the sole purpose of protection against violation of
individuals’ basic rights. John Stuart Mill claimed that “ to prevent the weaker members of the
community from being preyed upon by innumerable vultures, it was needed that there should be an
animal of prey stronger than the rest, commissioned to keep them down” Yet Mill also argued that
the aim of society was to “set limits” on the powers of the state. The essence of the remainder of
Nozick’s work is to “see how serious are the inconveniences that yet remain to be remedied by the
state, and to estimate whether the remedy is worse than the disease.” That is, would a more than
minimal state create more injustice than no state at all? That therefore is the purpose of this essay.
Can a state have more than a minimal protective role on civil society and still protect the basic rights
of the individual of non-interference? As some thinkers, such as PJ Proudhon quoted earlier, have
put it civil government can be worse than the problems that arise in an anarchical society. Can there,
in fact, be such a thing as an extensive state that does not violate an individual’s rights? Nozick
argues, as described by Bernard Williams in his essay “The Minimal State”: “Such powers, which
are of course claimed in varying degrees by all modern states, have according to Mr. Nozick, no
moral basis and offend against people’s individual rights.” Arguments for more-than-minimal states
are mostly arguments for some form of distributive justice. As Nozick believes most states today lay
claim to authority for which they have no moral basis:
“Political philosophers have tended to assume without argument that justice demands an extensive
redistribution of wealth in the direction of equality; and that it is a legitimate function of the state to
bring about this redistribution by coercive means like progressive taxation.”
Nozick argues against this, as he believes that individuals have rights over their own property. A
more-than-minimal state according to Singer would redistribute through taxation resulting in equality
of distribution, however it is Nozick’s belief that individuals hold rights of entitlement over their
property and that the state should have no power over these rights. Nozick, in fact, abhors taxation
and places it with forced labour. It is also his belief that if the state is going to place restrictions on
how long you can control a good, or place limitations on transfers then why does the state not
perform immediate confiscation of goods. As Thomas Scanlon, in his essay “Rights, Liberty and
Property”, states:
“This theory is an entitlement conception of justice. Such a conception is specified by 3
components: a principle of (initial) acquisition, a principle of transfer, and a principle of rectification.
Its central tenet is that any configuration of holdings that result from the legitimate transfer of
legitimately acquired holdings is itself just.”
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What Nozick is saying is that if you justly acquire a good initially then you have full entitlement rights
over that good. It is his principle that his entitlement theory differs from distributive justice, as there
are “fewer restrictions on the acquisition and exchange of property.” Egalitarian theorists claim that
gross inequalities of distribution within a society are plainly unjust and that the state must act to
rectify this problem. Nozick argues against this by claiming that justification is not needed for the
redistribution of goods as the inequality is just. The state played no part in the inequality present
as it came from independent actions of individuals who were acting justly and within their rights.
One argument Nozick puts forward as a means of justifying his system of rights is what he calls the
“Lockean Proviso”. This theory discloses that if an acquisition, transfer, or combination of
transfers leaves a third party in a worse off position than they were in the state of nature then that
transaction is unjust. As Scanlon puts it in his essay “ According to Nozick, the productivity of a
capitalist system in improving our material condition makes it unlikely that (in a competitive economy)
anyone could acquire holdings that would leave others below this standard. “ This however, raises
interesting questions. If the state has the capability to prevent the transfer or acquisitions that will
leave the 3rd party worse off then what limit is there in these transactions? Obviously, an example of
exhibition by theft is wrong and the state may enforce this but are all transactions this clear-cut?
Take for example the case of a gun manufacturer. This company justly acquires parts and labour,
justly employs people to assemble weapons and justly the weapon on the market; finally an individual
buys the weapons in a just transaction. No individual is left in a position worse than in the state of
nature with this combination of transfers therefore they are all considered just. However the very
purpose of the guns being manufactured is to create injury or to take life. It would seem that that
would leave a 3rd party in a grossly worse position than in a state of nature. It is justifiable under
Nozick’s theory for the state to place a restriction on the sale of arms manufacturing and sales of
weaponry? If this is the case then what other situations should the state justifiably be allowed to
intervene in apparently just transactions?
Robert Nozick’s argument is important as it outlines the possible injustices that many modern states
act upon its citizens: taxation and limitations on property rights. However, there are cases where the
role of the state comes into question. With the example of gun manufacturing the state, by
interfering in the transactions involved in the process, is acting as the more-than-minimal state that
Nozick loathes. However, by protecting the rights of third parties then the state is merely acting as
it was established – to protect the rights of its citizens. This blurred boundary between the minimal
state and the more extensive state is a problem for Nozick’s theory however, it is my opinion that by
acting in gun control laws then the state is acting in its initial role: “limited to the narrow functions of
protection against force.”
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Bibliography

John Stuart Mill, “On Liberty” (Penguin books 1974)

Robert Nozick, “Anarchy, State and Utopia” ( Blackwell 1991)

Jeffrey Paul (Editor), “Reading Nozick” (Basil Blackwell, 1981)
Possible essay questions:
1. What is a crime? (30)
2. “What is deemed deviant and criminal is subjective and varies from society to society and
individual to individual.” Discuss (30)
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