The Function and Purpose of Law Consensus, conflict, and interactionist perspective
“Is it a crime, to fight, for what is mine?” - Tupac Shakur
Philosophy of Law Societies develop formal and informal mechanisms to maintain control. These formal mechanisms become laws.
Views of Crime Why are some behaviors considered criminal while others are not? Consensus View Conflict View Interactionist View
How is Crime Defined? Consensus View Crimes are behaviors that are harmful to the majority of citizens. These behaviors are defined in the law as crimes. These laws represent the norms, goals and values of the vast majority of society . In other words, we as a society agree that these behaviors should be ‘criminal’.
How is Crime Defined? Conflict View Criminal law (i.e. the definition of crime) is shaped and controlled by an ongoing class struggle. Criminal law is created and enforced by the ruling class as a means to controlling the behaviors of the non-ruling class.
How is Crime Defined? Interactionist View Criminal law is structured to reflect the preferences of the people who hold social power. Socially powerful people use the law to shape the legal process (Moral entrepreneurs).
How is Crime Defined? Criminal law defines crime. The definition of crime is constantly changing and evolving. Social forces mold the definition of crimes. Criminal law has a social control function.
Questions to Consider “Rather than representing commonly held values, the content of the criminal law often reflects the values of the minority who hold social, political, and economic power.” In what ways can conflict be beneficial to society? Can conflict actually support consensus?