AFRICA NAZARENE UNIVERSITY
School of Law
Criminology and Penology
(Law 214)
Lecturer: Mr. James MAMBOLEO
Topic:”Emile Durkheim’s Theory of Crime and Crime
Causation”
Dan KASHIRONGE _ 13j01allb043
Abstract
The concept of “crime” has over the ages been subject to various definitions as the society tries to address it. Criminology is thus the study of crime and crime causation. It concerns itself with understanding the deep essence of crime as an act or omission, and all the reasons behind its occurrence. In this pursuit, criminology draws on various other fields such as sociology, biology, psychology, etc. This field of study is often argued to be a subdivision of sociology which the larger field since its main focus is grounded in
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Rejecting all definitions of crimes, as per the commonsense of any society, as acts that are harmful to society, Durkheim observes that all crimes, as a common characteristic, consist in acts universally disapproved of by members of each society; they shock sentiments, which, for a given society, are found in all healthy consciences.9 Put simply, a crime is a deviant behavior only because it goes against social norms. From this perspective, arguably, the French sociologist seems to
In reference to the pre-classical school of criminology whereby crime causation was understood as based upon supernatural forces, i.e. forces beyond the natural or human capacities.
6 Walter A. Lunden; Pioneers in Criminology XVI--Emile Durkheim (1858-1917); Journal of Criminal Law and
Criminology. Vol. 49|Issue 1, Article II (1958), p. 5.
7 Ibid.
8 Prins, A., Criminalite et Repression, Bruxelles, 1886; as quoted in Walter A. Lunden, Pioneer in
Criminology… (As above, p. 5)
9 http://www.s-cool.co.uk/a-level/sociology/introduction-to-deviance/revise-it/deviance-durkheimscontribution. Retrieved on July 27, 2014.
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adopt the legal definition of crime, as any act that the law makes punishable.10 However, unlike the proponents of that legal definition, he hold the view that the said act punishable by the law serves a significant
Positivist criminology emerged in the nineteenth century after people stopped relying on pure thought and reason and started to observe and analyze to understand the way things worked. “Positive philosophy was an explicit repudiation or reaction to the critical and ‘negative’ philosophy of the Enlightenment [Classicalist] thinkers” (Bohm 21). Positivism has two main elements: One “is the belief that human behavior is a function of forces beyond a person’s control [and] the second aspect of positivism is embracing the scientific method to solve problems” (Siegel 7-8). . Positivism is known for the use of science and the scientific method in their research. Positivists such as Lombroso, whom is considered the father of criminology, set the stage for examination of external forces
Criminology is the scientific study of the nature, extent, cause, and control of criminal behavior (Siegel 4). Criminology is not just understanding criminal actions but also studying how to correct and prevent crime, overall. There are five major Criminological theories, (1) Classical Theory, (2) Positivist Theory, (3) Marxist / Conflict Theory, (4) Sociological Theory, and (5) Multifactor / Integrated Theory.
Criminological theories interpret the competing paradigms of Human Nature, Social Order, Definition of Crime, Extent and Distribution of Crime, Causes of Crime, and Policy, differently. Even though these theories have added to societies understanding of criminal behaviour, all have been unable to explain why punishment or treatment of offenders is unable to prevent deviancy, and thus are ineffective methods of control. The new penology is a contemporary response that favours the management of criminals by predicting future harm on society. However, all criminological theories are linked as they are a product of the historical time and place, and because of their contextual history, they will continue to reappear depending on the current
The SAGE dictionary of criminology- “Crime is not a self-evident and unitary concept. Its constitution is diverse, historically relative and continually contested. As a result an answer to the question ‘what is crime?’ depends upon which of its multiple constitutive elements is emphasized. This in turn depends upon the theoretical position taken by those defining crime”.
Criminology is a field that has been researched prolong. Most of the information explaining crime and delinquency is based on facts about crime (Vold, Bernard, & Daly 2002, p.1). The aim of this paper is to describe the theories of crime and punishment according to the positivists Emile Durkheim and Cesare Lombroso, and the classical criminologist Marcese de Beccaria. The theories were developed as a response to the industrialisation and the modernisation of the societies in the 18th and 19th centuries and were aiming to create a rational society and re-establish social solidarity (Vold et al 2002, p.101). The criminological perspectives of crime and punishment will be discussed in a form of dialogue between the three theorists exploring
As human beings we all see and hear about crimes from a day to day basis. We all question why we have crime and what makes a person commit a crime.
In the early 1800’s early European theorists started observing behaviors, interactions, and relationships between people and how they were affected by the industrial revolution. There were many theorists that were influenced by the social dynamics of the revolution including Auguste Comete, Andre Guerry, and Adolphe Quetelet. These theorist proposed important aspects that contributed to social structure theories including economic factors that influences crime. Separately, these theorists concluded that crime is not random and is caused by factors outside of one’s control. Emile Durkheim, a theorist who a very heavy influence on criminology had
Criminology and the criminal justice system have framed a “taken-for-granted, common-sense” understanding of ‘crime’ and the ‘criminal’ (Tierney, 2010). ‘Crime’ is commonly understood as a violation of the criminal law; originating from religion and the sin of God and then moving towards Classicalism. Classicalism rests on the assumption of free will and recognises rational choice of the individual. It influences much of our system of justice today; especially aspects of due process. It argues that criminality is therefore part of nature; and order is maintained through law and punishments. We can see this through Beccaria’s approach of certainty, celerity and severity (Beccaria, cited in Newburn, 2013, pp116). Positivism, associated with theorists such as Lombroso, offered more of a scientific approach in identifying the causes of crime and could recognise impaired ability such as mental illness. It argues that ‘crime’ is
Crime can not be removed completely from society because it will always be the necessary unacceptable norm that can be located in all forms of societies around the world. Crime is regarded, by many people such as politicians and other people of everyday society, as horrid and unnecessary. Emile Durkheim believes that crime is normal and it isn't possible for it to not exist. If crime is everywhere and in no area has crime ever been successfully eradicated then we should assume it is there for a reason. According to many books written by Emile Durkheim, such as Suicide, and The Division of Labor, society plays a large role in our actions and Durkheim explains that reasons to which why crime is executable. Experts in the Department of
Criminology has evolved over history into becoming a discipline all its own, along the way it grew and developed from a multiple sources of disciplines to become an integration of various theories. Reasons that seek to explain crime and deviant behaviors has mirrored the time in which research was being conducted and as time continues to change it is to be expected more theories will arise to incorporate past theories to become ever more inclusive. It is important to understand this development from the formulation of theories, the evolution of, the determining factors in testing, particular process such as social learning that are upheld as strong empirically sound theories in order for scholars to continue to advance further studies. But
Crime as a social construction is the idea that reality is created in our minds. What we perceive something to be ends up to be what it is. Crime, often described as deviance is a labelled behaviour. If one does not view an action as deviant at the time then it is not deviant, this shows us how deviance is a relative concept. In terms of how different people perceive crime, depending on what religious or ethnic backgrounds one may come from, there is heavy variation between individuals. What is illegal or legal in one culture can be very different in another culture. It can
Classical criminological theory was introduced in 1764. The tenants of this theory became the backbone for the development of all criminological theories to come. After over 200 years have passed since its conception, is classical criminological theory still relevant to today’s society in explaining the causes of crime? This essay will address this question by discussing the major components of classical criminological theory while highlighting its strengths and weaknesses. The essay will also examine a more modern criminological theory, Merton’s anomie/strain theory, and decipher major differences between the two theories. This essay will also explain the aspects of classical criminological theory that are applicable or outdated in their
Throughout the years, the association between a criminal offense and a criminal have become more relevant. Although there are many theories that try to illustrate the concept of why crimes happen, no theory has a profound influence of understanding an individual’s nature, relationship, development, and a society itself (Coleman & Ganong, 2014). To further explain, “theories of crime are defined in relation to modernity, spanning their development from the enlightenment to the present, with the advent of postmodernism” (Miller, 2012, p. 1798). In other words, theories of crime are an approach to understanding an individuals behaviour and actions in their environment, society, and themselves that may lead to crime. Nevertheless, within this paper, it will be comparing the case of
Crime is an act against the law where the consequence of conviction by a court is punishment is a serious one such as imprisonment. The Oxford English Dictionary states that crime is: - “An act punishable by law, as being forbidden by statute or injurious to the public welfare…An evil or injurious act; an offence, a sin”. The government usually set laws that the people must follow, punishment is given for those who lighten those laws. The legal or criminal justice system applies the law and punishes those who break it. Crime is described by Blackburn (1993; p.5) ‘acts attracting legal punishment […] offences against the community’. There is a social shame associate with crime. It is important to note that all breaches of the law are not criminal such as civil offenses and breach of contract. The word ‘crime’ is reserved for the offences that cause harm or injury to the public, individuals or the state. Social, political, financial and emotional conditions influence the definition of crime and how the law is useful. These changes may ban or allow behaviour. The data on crime will have to take this reason into account.
Criminology is the scientific study of crime and criminals. Criminological theories have provided empirical insight into factors that explain crime. However, as research developed they noticed that not just one theory can adequately explain crime and delinquency. In the early stages of research, they found the neoclassical theory that evolved from the classical school theory that made the assumption of “free will,” and that humans acted on rational choice. It was later developed that biological theories rejected the idea of “free will” and believed that human behavior could be due to genetics or human development starting at a young age. I will be going into better detail about the theories and their underlying assumptions, and how both theories play a significant role into our current knowledge of crime today.