Evaluate the view that the law discriminates against the working class.
OCR
A Level
2022
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Evaluate the view that the law discriminates against the working class.
This essay will evaluate the view that the law discriminates against the working class. It will explore sociological explanations for this view, such as Marxism, New Criminology, and Critical Criminology, and consider criticisms of these perspectives. The essay will also examine the role of official statistics, the impact of law enforcement practices, and the influence of the ruling class on law-making.
AO1: Knowledge and Understanding
A key argument suggesting that the law discriminates against the working class is the high prevalence of working-class convictions in official crime statistics. This could be interpreted as evidence of biased law enforcement or a tendency for the law to disproportionately target working-class individuals.
Marxist Explanations
Marxist theory argues that the law serves the interests of the ruling class, the bourgeoisie, who own and control the means of production. This view suggests that laws are created to protect the interests of the ruling class and to suppress dissent from the working class, the proletariat. For example, Chambliss's study of vagrancy laws in 16th century England demonstrated how these laws were designed to benefit the emerging merchant class by criminalizing the poor and forcing them into paid employment. Similarly, Mankoff argues that the law is used to maintain control over the working class, with the focus on prosecuting street crime while neglecting corporate crimes, which disproportionately benefit the bourgeoisie.
New Criminology
New Criminology builds on traditional Marxist ideas by incorporating interactionist perspectives. This approach emphasizes the role of social factors in shaping criminal behavior. The "Policing the Crisis" thesis, popularized by Hall et al., argues that the media and the state can create moral panics to divert attention away from social and economic inequalities. The focus on street crime in the 1970s, for example, was seen as a way to scapegoat the working class and distract from the economic crisis.
Critical Criminology
Critical criminology takes this argument further by highlighting the role of the state in perpetuating crime. Ross argues that the state actively breaks its own laws to protect the interests of major capitalist corporations, highlighting the notion of "state crime" as a form of systemic discrimination. Barak, for example, examines the role of the US government in supporting dictatorships and engaging in illegal wars to benefit corporations. Tombs and Whyte further argue that crimes of the powerful are often ignored or downplayed, while crimes of the powerless receive disproportionate attention.
AO2: Application
The above theories demonstrate how the law may be used to discriminate against the working class. The Marxist perspective suggests that the law is fundamentally biased against the working class, while New Criminology highlights the role of social factors in shaping criminal behavior and the use of moral panics to control the working class. Critical criminology emphasizes the role of the state in actively perpetuating crime to benefit the ruling class.
AO3: Analysis and Evaluation
While the theories discussed provide compelling explanations for the view that the law discriminates against the working class, they are not without criticism.
Critiques of Marxist Theories
Functionalist Sociology argues that the law reflects the collective conscience of society and operates to maintain social order. This suggests that the law is not necessarily biased against any particular class, but rather represents the values and interests of the majority.
Feminist criminology critiques traditional Marxist theories for ignoring the experiences of female victims of crime and the role of patriarchy in shaping law and crime.
Critiques of New Criminology
Hirst argues that New Criminology strayed too far from the Marxist tradition by focusing too much on individual actors and neglecting the structural inequalities inherent in capitalism. Other critics (Rock, Young) argue that New Criminology romanticizes criminals and fails to recognize the real harm that crime can inflict on victims.
Critiques of Critical Criminology
Carlen argues that New Criminology fails to adequately address the power of patriarchy in shaping criminal justice.
It is difficult to study crimes of the state due to limitations on access to information and funding. Tombs & Whyte argue that states actively prevent sociologists from studying crimes of the state.
Conclusion
The view that the law discriminates against the working class has been supported by a range of sociological theories, including Marxist, New Criminology, and Critical Criminology. However, these theories are not without criticism, and alternative perspectives, such as functionalism and feminism, offer alternative explanations. Ultimately, evaluating the view that the law discriminates against the working class requires careful consideration of the complex interplay between social, economic, and political factors that shape law and justice.
Does The Law Discriminate Against The Working Class?
The idea that the law discriminates against the working class is a long-standing debate within sociology. This essay will evaluate the perspectives of various sociological theories, including Marxism, New Criminology, and Critical Criminology, to examine the validity of this claim.
Marxist Perspectives on Law and Class
Marxist theory posits that the law is a tool used by the ruling class to maintain their power and control over the working class. Marxists argue that laws are created to protect the interests of the wealthy and powerful, while simultaneously oppressing and criminalizing the actions of the poor and marginalized. For example, Chambliss' study on vagrancy laws showed how these laws were changed over time to suit the needs of the merchant class, effectively criminalizing poverty.
Furthermore, Marxists like Reiman highlight the selective enforcement of the law, arguing that law enforcement agencies are more likely to target working-class individuals for crimes, while overlooking the transgressions of the elite. This selective enforcement reinforces existing power structures and perpetuates inequalities.
New Criminology and the Social Construction of Crime
Building upon Marxist ideas, New Criminology, as exemplified by Taylor, Walton, and Young, emphasizes the role of power and societal reactions in defining crime. They argue that crime is not an inherent quality of certain acts but rather a label applied by those in power. For instance, Stuart Hall's study "Policing the Crisis" demonstrated how the media, influenced by political agendas, amplified the issue of "mugging" in the 1970s, scapegoating young black men and justifying increased police presence in working-class communities.
Critical Criminology: Unveiling State Crimes
Critical criminology takes the analysis a step further by scrutinizing the state itself as a potential perpetrator of crime. This perspective, advanced by scholars like Tombs and Whyte, argues that states often engage in criminal activities, both domestically and internationally, to protect the interests of powerful corporations or to maintain their own power. However, these "crimes of the state" are often obscured or justified through legal and political maneuvering.
Evaluating the Marxist Perspective
While Marxist perspectives provide valuable insights into the power dynamics inherent in law creation and enforcement, they have also been subject to criticism. Critics argue that traditional Marxist views tend to romanticize working-class criminals while neglecting the actual victims of crime, many of whom are also from working-class backgrounds.
Furthermore, critics like Hirst suggest that New Criminology, in its attempt to integrate interactionist perspectives, moves too far away from its Marxist roots, diluting its analytical power. Additionally, feminist scholars like Carlen point out the lack of focus on patriarchal power structures within New Criminology's analysis of crime and deviance.
Alternative Perspectives: Functionalism and Beyond
Functionalist perspectives offer a contrasting view on the role of law in society. Durkheim, for instance, argued that the law reflects the collective conscience of society, promoting social solidarity. From this viewpoint, the criminal justice system serves to uphold shared values and maintain social order, ultimately benefiting all members of society, including the working class.
Conclusion
In conclusion, the argument that the law discriminates against the working class has considerable support from various sociological perspectives, particularly Marxism, New Criminology, and Critical Criminology. These theories highlight the influence of power, social inequalities, and selective law enforcement in perpetuating disparities within the criminal justice system. However, it's crucial to acknowledge the limitations of these perspectives and consider alternative viewpoints, such as those offered by functionalism, to gain a more comprehensive understanding of this complex issue.
Free Mark Scheme Extracts
AO1: Knowledge and Understanding
Candidates are expected to demonstrate knowledge and understanding of the view that the law discriminates against the working class. They will consider a range of sociological explanations such as:
- Marxism
- New Criminology
- Critical Criminology
Candidates may consider:
- Official statistics suggest most crime is committed by the working class.
- There may be reference to measurements/statistics of class-based crime/ prevalence of working-class conviction rates.
- Laws made in favour of the ruling class; Chambliss; Mankoff
- Non-decision making; Chambliss; Davis.
- Law creation reflects dominant hegemony
- Law enforcement tend not to enforce the law against the ruling class; Reiman
- Crime - inevitable outcome of capitalist values e.g. greed, looking after oneself at the expense of others, also poor people driven to crime by desperate conditions; Bonger; Gordon
- Crime diverts attention etc Selective law enforcement; Gordon
- Vagrancy law changed in 1530 to meet needs of merchant class - punished anyone on the road without a job - presumed to be a highwayman: Chambliss
- New Criminology combined traditional Marxist ideas with interactionism.
- Policing the Crisis, 1970s economic and social crisis, growth of ‘muggings’, media outrage, scapegoating; Stuart Hall
- Critical criminology: the law reflects the interests of the ruling class, the state will break its own laws, to protect itself or the interests of major capitalist corporations; Ross
- States crimes in other countries or against other countries to benefit major economic organisations; Barak
- Crimes of the powerful, scrutinising states and corporations, examined US and Iraq; Tombs and Whyte
- Other reasonable response.
AO2: Application
The selected knowledge should be directly specific to the question – the view that the law discriminates against the working class.
AO3: Analysis and Evaluation
Candidates will evaluate the view the law discriminates against the working class. They may consider theories such as
- Functionalism
- Feminism
Candidates may refer to
- Traditional Marxist views ignore the experiences of victims of crime
- Traditional Marxist view ignores complexity of influences on law-making behaviour
- New Criminology strayed too far from Marxist tradition: Hirst
- New Criminology too romantic a view of criminals; Rock, Young
- No specific discussion of power of patriarchy in New Criminology analysis: Carlen
- Difficult to study crimes of the state; Green and Ward
- States prevent sociologists studying crimes of the state, e.g. by restricting access to information and funding; Tombs and Whyte
- Issue of crimes of the state becomes complex to study when the idea of ‘human rights’ are brought into the debate; Green and Ward
- The law reflects the collective conscience of society; Durkheim
- The criminal justice system operates to look after the interests of society as a whole, to avoid anomie; Durkheim
- The process of prosecution provides a means of checking whether the law reflects the views of the majority of society
- Candidates may criticise the ideological and methodological underpinnings of the theoretical explanations.
- Other reasonable response