NCJ Number
49997
Journal
CRIME ET/AND JUSTICE Volume: 5 Issue: 3 Dated: (NOVEMBER 1977) Pages: 197-211
Date Published
1977
Length
15 pages
Annotation
THE WORK OF 15 CLASSICAL AND CONTEMPORARY THEORISTS IS EXAMINED TO DETERMINE IF THE SOCIOLOGY OF CRIMINAL LAW FITS ONE OF THE PARADIGMS PROPOSED BY RITZER AND THE DIRECTION IN WHICH THEORISTS ARE MOVING.
Abstract
THE THREE PARADIGMS PROPOSED BY RITZER ARE THE SOCIAL FACTS PARADIGM, THE SOCIAL BEHAVIOR PARADIGM, AND THE SOCIAL DEFINITION PARADIGM. A PARADIGM IS DEFINED AS A FUNDAMENTAL IMAGE OF THE SUBJECT MATTER WITHIN A SCIENCE. THE SOCIAL FACTS PARADIGM IS COMPOSED OF TWO THEORIES; STRUCTUAL-FUNCTIONALISM WHICH CLAIMS THAT STRUCTURES AND INSTITUTONS CAN CONTRIBUTE TO THE MAINTENANCE OF SOCIAL FACTS AND CAN HAVE NEGATIVE CONSEQUENCES FOR THEM, AND CONFLICT THEORY WHICH PERCEIVES SOCIETY TO BE BASED ON CONFLICT AND CONSENSUS EMPHASIZING THE ROLE OF POWER IN MAINTAINING ORDER. THE SOCIAL BEHAVIOR PARADIGM IS AN ATTEMPT AT A SYSTEMATIC ANALYSIS OF THE CONDITIONS UNDER WHICH CRIMINAL LAWS DEVELOP. THE SOCIAL DEFINITION PARADIGM IS COMPOSED OF THREE THEORIES; ACTION, SYMBOLIC INTERACTIONISM, AND PHENOMENOLOGY. ACTION THEORISTS PUT THEMSELVES IN THE PLACE OF THE ACTOR TO UNDERSTAND THE CULTURAL AND SOCIAL MILIEU IN WHICH HE EXISTS. SYMBOLIC INTERACTIONISTS VIEW BEHAVIOR AS A PROCESS OF INTERPRETATION INSERTED BETWEEN THE ENVIRONMENT STIMULUS AND THE ACTOR'S RESPONSE. PHENOMENOLOGISTS TRY TO EXPLAIN BEHAVIOR IN TERMS OF STUDYING THE PROCESS THROUGH WHICH SOCIAL FACTS ARE CREATED BY THE ACTOR RATHER THAN THROUGH STUDYING THE FACTS THEMSELVES. IT IS CONCLUDED THAT MOST OF THE THEORISTS ADHERE TO EITHER THE STRUCTURAL-FUNCTIONALIST OR CONFLICT THEORIES, WHICH PLACE THEM WITHIN THE SOCIAL FACTS PARADIGM. THREE OF THE CLASSICAL THEORISTS, BECCARIA, BENTHAM, AND TARDE, ARE SOCIAL DEFINITIONISTS, AND DURKHEIM IS CLASSIFIED AS A STRUCTURAL FUNCTIONALIST. SIX OF THE CONTEMPORARY THEORISTS ARE CLASSIFIED AS STRUCTURAL-FUNCTIONALISTS, AND FIVE ARE CONSIDERED CONFLICT THEORISTS, ALLOWING THEM ALL TO FIT THE SOCIAL FACTS PARADIGM. THE TREND SEEMS TO BE TOWARD ACCEPTANCE OF THE CONFLICT THEORY. THEORISTS STUDIED ARE: CESARE BECCARIA, JEREMY BENTHAM, GABRIEL TARDE, EMILE DURKHEIM, JEROME HALL, FRANCIS ALLEN, C. RAY JEFFERY, AUSTIN TURK, STUART HILLS, RONALD AKERS, WILLIAM CHAMBLISS, AND RICHARD QUINNEY. FOOTNOTES CONTAIN REFERENCES. (GLR)