NCJ Number
43570
Journal
Crime and Social Justice Volume: 7 Dated: (SPRING-SUMMER 1977) Pages: 4-13
Date Published
1977
Length
10 pages
Annotation
QUESTIONS CONCERNING THE DEFINITION OF CRIME RAISED BY THE DOWNFALL OF THE ALLENDE GOVERNMENT IN CHILE ARE ADDRESSED IN A DISCUSSION FOUNDED IN MARXIST THEORY.
Abstract
BY A LEGALISTIC CRITERION, THE COUNTER-REVOLUTIONARIES IN CHILE MAY BE REGARDED AS CRIMINALS BECAUSE THEY VIOLATED THE LAWS OF A DEMOCRATIC GOVERNMENT. BY A SECOND CRITERION, INVOLVING THE RELATIONS BETWEEN SOCIAL HARMS AND CLASS INTERESTS, THE POLITICAL ACTS OF THE CHILEAN COUNTER-REVOLUTIONARIES ARE CRIMES BECAUSE THEY ARE HARMFUL TO THE INTERESTS OF THE WORKING CLASS. THESE CRITERIA RAISE QUESTIONS WITH REGARD TO THE DEFINITION OF CRIME: IS THE CRITERION OF LEGALITY GENERALLY NECESSARY FOR DELINEATING CRIMES? WHERE SOCIAL HARMS ARE NOT LEGALLY CLASSIFIED AS CRIMES DUE TO THE POWER STRUCTURE OF A NATION, ARE THESE HARMS LESS CRIMINAL? DOES THE ABSENCE OF SOCIALIST LEGAL DISTINCTIONS FROM THE LAWS OF NATION EXCLUDE SUCH THINGS AS CAPITALIST EXPLOITATION FROM THAT NATION'S ROSTER OF CRIMES? THE FUNDAMENTALS OF LEGAL RELATIONS IN BOURGEOIS SOCIETIES ARE REVIEWED IN ORDER TO PLACE THE DEFINITION OF CRIME IN A CONTEXT INTENDED TO CLARIFY THESE AND RELATED QUESTIONS. THIS CONTEXT INVOLVES SUCH FACTORS AS CLASS CONTROL OF THE STATE OR OF ITS PARTS, ORGANIZED VIOLENCE UNDERLYING LEGALITY, INDEPENDENCE OF CIVIL SOCIETY FROM THE STATE, INDIVIDUAL LIBERTIES AND CLASS MORALITY, AND THE ROLE OF INDIVIDUAL RIGHTS IN BOURGEOIS SOCIETY, THE EVENTS IN CHILE ARE SAID TO INDICATE THAT THE ABSENCE OF POLITICALLY INDEPENDENT DEFINITIONS OF CRIME AMONG THE POPULAR CLASSES CAN SET THE STAGE FOR FASCISM.