INTRODUCTION
Crime is usually understood as a universally defined idea. It is usually a set of actions that are fundamentally harmful to society and that are rewarded or sanctioned by the force of law. Sociologists across the world however contest this perspective, they do so by suggesting that crime in itself is a social construct that is shaped throughout culture, history, and society. The social construct of sociology concerns itself with the definition, of the collective meaning, that people have assigned to the actions of crime, describing some behaviours as acceptable but labelling others as deviant. Legally, crime is described as behaviour that the law condemns and punishes.
This blog aims to analyze and investigate the evolution of the various definitions of crimes across different Times and cultures, which affect and reflect the norms of society. As an example, we can take the act of alcohol consumption: Today it is legal in the United States and accepted as a part of its culture, but during the prohibition period of the country it was strictly banned and penalized. This example shows how crime is context-dependent as it changes with the tide of societal attitudes and policies.
THE SOCIAL CONSTRUCTION OF CRIME
Crime is not a distinguishing characteristic of an act; it is determined by society’s reactions and the laws of society that are in place. This is studied in, the labelling theory first developed by Howard Becker, which supports the idea that no act is naturally criminal until the label is given by society.[1]
Similarly, Stanley Kohen’s moral panic also demonstrates how media and societal reactions can amplify certain behaviors framing them as criminal or threatening.[2] Also, the cultural norms and values of a society play a very important role in deciding what a crime is. For example, considering the act of jaywalking, in Germany, there is a strict adherence to pedestrian laws and there is a culture of respect for such conduct. In contrast, many developing countries, do not have jaywalking as a form of severe misconduct, and the act is often overlooked.
TIMELINE – THE EVOLUTION OF CRIME ACROSS CULTURES
The evolution of crime as a concept demonstrates how changes in social priorities, governance structures, and cultural changes redefine the interpretations of criminal behaviour.
Ancient civilizations: In Mesopotamia, Hammurabi’s code characterized acts such as theft and fraud as crimes, focusing on maintaining economic stability and social hierarchy.[3]Ancient Roman law similarly emphasized order, with penalties for crime ranging from property thefts to acts of treason reflecting the priorities of protecting the state and its societal culture.
Middle Ages: Crime in this period was defined to include practices that opposed feudalism. Poaching, for instance, was heavily penalized in England because it was a threat to aristocratic land rights.
Colonial Period: There was an expansion of imperialism with which imperial powers imposed their legal systems onto colonized territories. British colonial law, for example, brought Western property rights to India criminalizing many indigenous practices, such as communal land use. This led to lasting tensions between traditional customs and imported legal frameworks.
Nineteen and twentieth centuries: With the Industrial Revolution, came about new kinds of crimes which included laws against the exploitation of the labour force. This brought about laws to protect the rights of workers. And, as human rights movements gained popularity across the world, slavery and child labour were also criminalized. These changes in moral values were reflected in the change of laws.[4]
Modern-day changes: In the last few decades new categories of crimes have emerged with the technology change. Cybercrime and data theft are two such categories. On the global front, we also see issues such as climate change, which have led to stricter environmental laws. The current shift seen in societal focus regarding gender and equality has also influenced reforms in areas such as domestic violence and workplace harassment.
COMPARATIVE ANALYSIS OF LEGAL DEFINITIONS
In today’s society, legal definitions of crime are not only considerably different but also vary in interpretation and application from one jurisdiction to another. This difference is due to the reflection of the underlying values, priorities, and legal frameworks of different nations.
Different interpretations of law: We can analyze the example of freedom of speech, which is protected in most legal systems. In the United States, the First Amendment broadly protects speech including controversial or offensive expressions, unless it directly incites violence or the breaking of law. In contrast, we can study, Germany’s basic law, which guarantees freedom of speech but it explicitly restricts hate speech, particularly speech glorifying Nazism, this reflects its historical context and the country’s commitment to combating extremism. While both nations value free speech, their legal interpretations prioritize different social concerns, that is, individual liberty versus collective responsibility. For another example, we can take up LGBTQ+ rights, in 2018, India’s Supreme Court decriminalized consensual same-sex relationships by overturning section 377 of the Indian Penal Code. Meanwhile, Russian laws, prohibit public expressions of LGBTQ+ rights, framing them as, harmful to society’s values. These contrasting interpretations highlight the influence of cultural and political dynamics on the various legal definitions of crime.
THE IMPACT OF SOCIAL NORMS ON LEGAL SYSTEMS
How Social Norms Influence Legal Systems: The definition of crimes itself is affected as criminal behavior in itself is defined by society, for instance, in a few cultures gambling is considered as an acceptable practice, but in other cultures, it is considered as a crime. This is due to the different moral standards prevailing in various societies.
Legal changes: Societal changes often lead to legal changes as well. For example, in a few societies, there are enduring movements for gender equality and LGBTQ+ rights, which can force the governments to remove laws that criminalize certain behaviours that were once considered crimes.
Legislative agendas: Governmental laws are usually in agreement with the issues that their society needs them to address, for example, with an increasing awareness of environmental deterioration, governments have started to impose stronger laws of environmental protection throughout the world.
We can further analyze this with the help of a case study, The legalization of marijuana: The Canadian government passed the Cannabis Act in 2018, legalizing marijuana to be used recreationally. This legalization is an excellent case example of how social changes can influence legal agendas. Over decades public opinion has shifted towards viewing cannabis as a controllable substance rather than as a gateway drug.[5] In contrast, we can analyze, Singapore’s misuse of the Drugs Act, which is marked by heavy penalties and mandatory capital punishments for trafficking of larger quantities. These laws contrast sharply with each other as Canada is focused on regulation and harm reduction of marijuana, whereas Singapore is focused on deterrence through heavy punishment and penalties.[6]
THE ROLE OF POWER AND POLITICS IN DEFINING CRIME
Crime is also often defined through the view of various power structures. Political authorities, influential groups, and the media also play a crucial role in shaping legal definitions. For instance, we can analyze 19th-century England’s anti-vagrancy laws, which criminalized poverty, and thus targeted poverty-stricken individuals.[7]
At the international level, with conventions such as the Rome statute, crimes like genocide and war crimes have been universally criminalized, this created a minimum scale for justice that goes across various national borders.[8]
CONCLUSION
The analyses of the social construction of crime, reveal crime to be naturally circumstantial and fluid. Crime does not represent an objective truth or a universal fact but it instead represents the values, priorities, and power plays of various societies. Hence, different perspectives, examine the idea of crime as an objective moral boundary and instead often view it as a tool, which is wielded to maintain social order or to reinforce existing power structures.
Moreover, as we see a change, in global legal norms, the strain between universal principles and cultural particularity becomes increasingly significant. “Should international standards try for a harmonization of the various definitions of crime or should they respect societal cultures and traditions?” is a question, often being asked, as it raises important ethical thoughts about fairness, anatomy, and justice present in the process of criminalization.
Lastly, understanding the social construction of crime is important, to evaluate the purpose and the effectiveness of various legal systems across societies. It implores us to reconsider, what should be labeled as criminal, and most importantly, why should it be labeled as criminal. This compels us to confront the border implications of justice in an ever-changing global landscape across the world.
Author(s) Name: Twesha Khambra (Kirit P. Mehta School of Law, NMIMS, Mumbai)
References:
[1] Howard Becker, Outsiders: Studies in the Sociology of Deviance (Free Press 1963) https://monoskop.org/images/2/2b/Becker_Howard_Outsiders_Studies_In_The_Sociogy_Of_Deviance_1963.pdf accessed 26 December 2024.
[2] Stanley Cohen, Folk Devils and Moral Panics (1st edn, MacGibbon & Kee 1972) https://infodocks.wordpress.com/wp-content/uploads/2015/01/stanley_cohen_folk_devils_and_moral_panics.pdf accessed 26 December 2024.
[3] The Code of Hammurabi (Yale Law School, The Avalon Project) https://avalon.law.yale.edu/ancient/hamframe.asp 26 December 2024.
[4] ILO, ‘International Labour Standards on Child Labour’ (International Labour Organization) https://www.ilo.org/topics-and-sectors/child-labour#:~:text=International%20Labour%20Standards%20on%20child%20labour 26 December 2024.
[5] Cannabis Act 2018 (Canada) https://laws-lois.justice.gc.ca/eng/acts/c-24.5/ 26 December 2024.
[6] Misuse of Drugs Act 1973 (Singapore) https://sso.agc.gov.sg/Act/MDA1973 26 December 2024.
[7] Vagrancy Act 1824 (England) https://lordslibrary.parliament.uk/vagrancy-act-1824-will-it-be-repealed/#:~:text=The%20Vagrancy%20Act%201824%20criminalised%20’sleeping%20out’ 26 December 2024.
[8] Rome Statute of the International Criminal Court (adopted 17 July 1998, entered into force 1 July 2002) 2187 UNTS 3 https://www.icc-cpi.int/sites/default/files/NR/rdonlyres/ADD16852-AEE9-4757-ABE7-9CDC7CF02886/283503/RomeStatutEng1.pdf 26 December 2024.
