NCJ Number
37430
Date Published
1976
Length
344 pages
Annotation
SYSTEMMATIC CROSS-CULTURAL COMPARISON OF PUBLIC ATTITUDES AND CRIMINAL SANCTIONS REGARDING VARIOUS FORMS OF DEVIANT BEHAVIOR IN INDIA, INDONESIA, IRAN ITALY, YUGOSLAVIA, AND THE UNITED STATES.
Abstract
WHILE IT WAS DISCOVERED THAT THERE WAS EXTENSIVE DIVERSITY IN BOTH LAW AND PERCEPTION CONCERNING SUCH BEHAVIOR AS TAKING DRUGS, HOMOSEXUALITY, AND ABORTION, EVIDENCE WAS FOUND FOR A BASICALLY IN VARIANT STRUCTURE IN PERCEPTION OF DEVIANCE ACROSS ALL CULTURES. WITHIN THE COUNTRIES THAT WERE STUDIED, IT WAS THE STRENGTH OF RELIGIONS BELIEF AND URBAN VERSUS RURAL BACKGROUND THAT ACCOUNTED FOR THE MAJOR DIFFERENCES IN PERCEPTION THAT WERE IDENTIFIED. THESE FINDINGS CHALLENGE MANY OF THE ASSUMPTIONS OF CONFLICT THEORY IN SOCIOLOGY, OF CULTURAL RELATIVISM IN ANTHROPOLOGY, AND OF ETHICAL RELATIVISM IN MORAL PHILOSOPHY. ALL ARE DISCUSSED IN RELATION TO RESEARCH ON MODERNIZATION, SOCIAL DEVELOPMENT, AND THE EVOLUTION OF LAW. AMONG THE FINDINGS OF THE STUDY WAS THAT THOSE COUNTRIES WITH THE LEAST PUNITIVE SANCTIONS ARE THOSE THAT ARE THE MOST HIGHLY DEVELOPED AND THE LEAST TOTALITARIAN. HOWEVER, PUBLIC OPINION IN THESE COUNTIRES FAVORS HARSHER PUNISHMENTS THAN THE LAW PROVIDES. IN CONTRAST, IN THE DEVELOPING COUNTRIES OF INDIA, IRAN, AND INDONESIA WHERE PENAL SANCTIONS ARE MORE SEVERE, PUBLIC OPINION IS MUCH MORE LIBERAL. THE STUDY CONCLUDES THAT THE CRIMINAL LAW IS A STABLE CULTURAL INFLUENCE WHICH ACTS AS AN ANCHOR TO A CONSTANTLY CHANGING PUBLIC OPINION AND THAT CHANGES IN THE CRIMINAL LAW SHOULD THEREFORE BE MADE ONLY UNDER EXTREME CIRCUMSTANCES.