The Function and Purpose of Law

The Function and Purpose of Law

Consensus, conflict, and interactionist perspective

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Is it a crime, to fight, for what is mine?- Tupac Shakur

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Philosophy of LawSocieties develop formal and informal mechanisms to maintain control.These formal mechanisms become laws.

Sociologists have found that all societies develop mechanisms to maintain control.Current societies have developed laws to provide formal forms of social control. In ancient societies these were unwritten laws. Later, written laws or codes emerged, such as the Code of Hammurabi, and the Ten Commandments. Currently, we have the Constitution as the center of our societal code, in addition to state and local laws and rules that we abide by.

This is a poisonous North American Gila Monster (see above picture). Do you know what to do if one of them attacks you? (Submerge it in water to get it to let go). Do you know what to do if a person attacks you? Why do you know what to do if a person attacks you, but not a Gila monster? The answer is because crime is more prevalent in our society than Gila monster attacks. When something harmful, hurtful, or dangerous becomes prevalent and repetitive, we create laws to help prevent it from happening.

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Views of CrimeWhy are some behaviors considered criminal while others are not?

Consensus ViewConflict ViewInteractionist View

So why are some behaviors considered criminal while others are not? For example, drinking is not a crime (as long as your are over 21), driving is not a crime (as long as you are over 16), but drinking while driving is a crime.

There are three views of how and why some behaviors are illegal and are considered crimes, whereas others remain noncriminal. They are the Consensus view, Conflict view, and Interactionist view.

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How is Crime Defined?Consensus ViewCrimes are behaviors that are harmful to the majority of citizens.These behaviors are defined in the law as crimes.These laws represent the norms, goals and values of the vast majority of society.In other words, we as a society agree that these behaviors should be criminal.

The consensus view rests on the assumption that criminal law has a social control function restraining those who might otherwise engage in antisocial behavior. In the consensus view of crime, the MAJORITY of citizens believe the behavior is wrong. For example, the majority of people believe that certain actions, such as murder, rape, and theft, are wrong.

Consensus crimes are those that are essentially harmful to a majority of citizens and are prohibited by the existing criminal law.

Criminal law is the set of rules, codified by state authorities that express the norms, goals, and values of the majority of society.

Criminal law works to control behaviors that are inherently destructive and dangerous to society in order to maintain the existing social fabric and ensure peaceful functioning.5

How is Crime Defined?Conflict ViewCriminal law (i.e. the definition of crime) is shaped and controlled by an ongoing class struggle.Criminal law is created and enforced by the ruling class as a means to controlling the behaviors of the non-ruling class.

The conflict view holds that the law is the instrument that enables the wealthy to maintain their position of power and control over the behavior of those who oppose their ideas and values, or who might rebel against the unequal distribution of wealth. It contends that the criminal justice system is an instrument of social and economic repression. Under this crime theory crime is the outcome of class struggle between the rich and poor, or the have and have-nots.

Those who are largely effected by conflict crimes are those who are minorities, of lower socio-economic status, or have no position of authority (homeless, jobless, etc.). Examples of conflict crimes include unsafe working conditions, inadequate child care, violations of human rights, violations of disability acts, substandard housing, police brutality, and price-fixing.

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How is Crime Defined?Interactionist ViewCriminal law is structured to reflect the preferences of the people who hold social power.Socially powerful people use the law to shape the legal process (Moral entrepreneurs).

The interactionist view holds that socially influential people develop and use the criminal law (i.e. define what behaviors are criminal of noncriminal) to reflect their own views.

Criminal law is structured to reflect preferences and opinions of people who hold social power in a particular legal jurisdiction.

Moral entrepreneurs wage campaigns to control behaviors that they view as immoral and wrong.

Examples of interactionist crimes include Eco-terrorists, those who want marijuana legalized and smoke it, bombings in abortion clinics, and some terrorist acts.

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How is Crime Defined?Criminal law defines crime.The definition of crime is constantly changing and evolving.Social forces mold the definition of crimes.Criminal law has a social control function.

Regardless of ones view of how crime is developed, most authorities agree that crime can be defined by these four factors:Criminal law defines crimeThe definition of crime is constantly changing and evolvingSocial forces mold the definitions of crimesCriminal law has a social control function

The formal definition of crime is as follows: Crime is a violation of social rules of conduct, interpreted and expressed by a written criminal code, created by people holding social and political power. Its content may be influenced by prevailing public sentiments, historically developed moral beliefs, and the need to protect public safety. Individuals who violate these rules may be subject to sanctions administered by state authority, which include social stigma and the loss of status, freedom, and, on occasion, their lives.8

Questions to ConsiderRather than representing commonly held values, the content of the criminal law often reflects the values of the minority who hold social, political, and economic power.

In what ways can conflict be beneficial to society? Can conflict actually support consensus?

Your textbook states that Rather than representing commonly held values, the content of the criminal law often reflects the values of the minority who hold social, political, and economic power.

As you study your material this week consider the following questions: - In what ways can conflict be beneficial to society? - Can conflict actually support consensus?

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