NCJ Number
63975
Journal
Kriminologisches Journal Volume: 11 Issue: 2 Dated: (1979) Pages: 102-123
Date Published
1979
Length
22 pages
Annotation
THE CONFLICT MODEL OF THE GENESIS OF NORMS IN CRIMINAL LAW IS CRITICIZED, AND AN ALTERNATIVE MODEL IS PRESENTED.
Abstract
THE GROWING INTEREST IN CRIMINAL SOCIOLOGY AND THE LABELING APPROACH TO CRIMINOLOGY HAS BROUGHT LEGAL NORMS AND THEIR GENESIS TO THE ATTENTION OF CRIMINOLOGICAL RESEARCH. THE CONFLICT THEORY SEES THE GENESIS OF LEGAL NORMS AS A PERMANENT STRUGGLE BETWEEN VARIOUS GROUPS OF SOCIETY FOR ECONOMIC RESOURCES. IN PARTICULAR, THE CRIMINAL CODE BECOMES AN INSTRUMENT OF POWER THROUGH WHICH THE RULING MINORITY PROTECTS ITS INTERESTS AGAINST THE REST OF THE POPULATION. THE MODEL IS NOT ENTIRELY CONVINCING SINCE THOSE WHO (ACCORDING TO THE THEORY) WILL BE OPPRESSED BY THE LAW ALMOST NEVER APPEAR AS PARTIES IN THE LEGISLATIVE CONFLICT. IN ADDITION, CONTRARY TO THE SOCIETIES OF EARLY INDUSTRIALISM, THE IMMEDIATE INFLUENCE OF SOCIAL AND ECONOMIC LEADERS IN THE LEGISLATIVE PROCESS CANNOT BE DEMONSTRATED. INSTEAD THE CHIEF GENERATOR OF LEGAL NORMS APPEARS TO BE THE MIDDLE CLASS. AN ALTERNATIVE MODEL IS SUGGESTED WHICH PRESENTS THE GENESIS OF CRIMINAL NORMS AS AN EXERTION OF GOVERNMENT POWER. THE SUPPORTING ARGUMENT IS THAT THE GENESIS OF CRIMINAL LAW ALREADY PRESUPPOSES AN EXISTING SYSTEM OF POWER. LEGAL NORMS CANNOT CREATE POWER; THEY MERELY CONSOLIDATE IT. FURTHERMORE, IN THE CONSTITUTIONAL DEMOCRACY, LEGISLATING IS A COMPLEX PROCESS WHICH CANNOT EASILY BE DIRECTLY CONTROLLED--EXCEPT BY A SMALL GROUP OF LEGAL EXPERTS IN THE GOVERNMENT. THE DECISIVE INFLUENCE OF THE GOVERNMENT IS INCREASED BY THE RELATIVE APATHY OF SOCIAL AND ECONOMIC LEADERS IN CRIMINAL LEGISLATION. THESE GROUPS ARE MORE INTERESTED IN CONTINUED ECONOMIC GROWTH AND CONSUMER SPENDING. THE CRIMINAL CODE IS FAR TOO CRUDE A TOOL FOR THE CONTROL OF SUCH INVOLVED ECONOMIC DEVELOPMENTS. THE ARTICLE CONTAINS FOOTNOTES AND A BIBLIOGRAPHY. --IN GERMAN. (SAJ)