Crime RP PDF
Crime RP PDF
Volume 12
Article 4
Issue 3 September
September 1985
Recommended Citation
Kramer, Ronald C. (1985) "Defining the Concept of Crime: A Humanistic Perspective," The Journal of Sociology & Social Welfare: Vol.
12 : Iss. 3 , Article 4.
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DEFINING THE CONCEPT OF CRIME:
A HUMANISTIC PERSPECTIVE
Ronald C. Kramer
Western Michigan University
ABSTRACT
469
controversial issue: how to define the concept of
crime. The definition of the concept of crime is
important, of course, because of the types of
questions it directs attention to and the order of
phenomena it leads one to investigate. A definition
of crime establishes the subject matter of the
discipline of criminology and sets limits on what is
to be considered criminological work. Therefore, a
humanistic criminology can only be developed if an
appropriately humanistic definition of crime is used
as its initial point of departure.
470
definitions of crime more suitable to the task of
humanistic criminology will be offered.
PARADIGMS IN CRIMINOLOGY
471
asked, how they should be asked, and what rules
should be followed in interpreting the answers
obtained. The paradigm is the broadest unit of
consensus within a science and serves to
differentiate one scientific community (or
sub-community) from another. It subsumes,
defines and interrelates the exemplars, theories,
and methods, and instruments that exist within
it.
472
This paradigm focuses on the process whereby certain
actions and persons are selected out and defined as
criminal by political authorities. The definitional
paradigm asserts that no behavior is inherently
criminal (Becker, 1963). Criminality is not a quality
which resides within the behavior or the person;
rather, criminality is an ascribed social status
attached to behavior and persons by various legal
control agents in a process of social interaction.
473
of reacting toward the breaking of laws" (Sutherland
and Cressey, 1978:3), few have appreciated the
radically different nature of these topics as subject
matter for the study of crime. It is important for
criminologists to make the distinction between the
behavioral and definitional paradigms because, in a
more fundamental way than the participants in the
traditional debate, they define crime in different
ways, they ask different kinds of questions and, they
focus attention on different aspects of the reality of
crime.
474
definition of crime is a legal definition, although it
is a very different type of legal definition from that
used within the behavioral paradigm. Criminologists
who work within the definitional paradigm contend that
crime is a legal category which is created by the
state. Criminality is a legal status ascribed by
legal actors in a legal process governed by specific
procedural (legal) rules. No behavior or person is
inherently criminal. They become criminal only when
they are defined as such by political authorities.
475
the right to be protected from legalized oppression by
criminal justice agents who have been granted the
responsibility of protecting our lives and our
property.
476
Given their overwhelming emphasis on correction-
alism, criminologists who work within the behavioral
paradigm make a moral judgment that certain types of
behavior are bad, wrong, harmful, or immoral and they
need to be controlled or prevented. The critical
question is, "who selects the behavior to be studied
(and controlled- and what are the standards or
criteria which are used to make the selection? Much
of the debate over the definition of crime, of course,
centered on this question. Criminologists working
within the behavioral paradigm have traditionally
allowed the state, or political authorities to decide
what types of behavior should be studied as criminal
by using a legal definition of crime. According to
this definition, crime is behavior which is in
violation of criminal law. By choosing this defini-
tion of crime, criminologists decide to use the legal
norms which are encoded in the criminal law as the
standards by which behavior will be classified as
criminal for purposes of scientific study. This
choice, however, requires a judgment on the part of
the criminologist that it is more appropriate for
legal authorities to select the behavior that crimino-
logists will study than to allow criminologists to set
up their own independent criteria. This results in a
loss of scientific autonomy.
477
strife, conflict, slaughter, and destruction." The
Schwendingers (1977:8) make much the same point:
478
allied to the state and serve its interests. That
criminologists might serve as an arm of the political
authorities worries even those who are not identified
with the radical wing of the discipline. Emilio Viano
(19775:XIV) asks:
479
If sociology makes no moral judgments indepen-
dent of criminal statutes, it becomes sterile and
inhumane--the work of moral eunuchs or legal
technicians. Recognizing that cultural defini-
tions of crime are a product only of powerful
interest groups in government, the analyst of
crime should not necessarily be tied to the moral
judgments reflected in those statutes.
480
Now different individuals will, of course, have
different ideas about what constitutes social harm.
But, perhaps, humanistic criminologists can come to
some consensus about what serious social harms are.
The notion of basic human rights may serve as a useful
starting point in this attempt. The Schwendingers
(1970 were the first to propose a social definition of
crime based on the notion of fundamental, historically
determined, human rights. They argued (1970:145) that
"all persons must be guaranteed the fundamental
prerequisites for well being," which includes, food,
shelter, clothing, medical services, challenging work,
recreational experiences, security from predatory
individuals and repressive social elites. To the
Schwendingers these material requirements, basic
services, and enjoyable relationships are not to be
regarded as rewards or privileges but, as basic human
rights whose violation constitutes crime. Recently
others have followed their lead. In an introductory
text, Galliher and McCartney (1977:3) state:
481
and committing social harms. These are the human
life rights of all individuals.
482
suffering. These behaviors are brought within the
boundaries of criminology so that they may be
described, explained and hopefully controlled. Many
traditional forms of crime (as defined legally), would
remain as the focus of criminological research from a
humanistic perspective. Most importantly, however,
such an approach would open up new areas for inquiry -
concerning social harms perpetuated by the state,
large corporations, and ruling elites - and raise
fundamental questions concerning the operation of
economic and political institutions in general.
483
Notes
As Blumberg concluded:
484
A criminologist cannot be bound by the official
and conventional definitions of lawmaking,
lawbreaking, and law enforcement. It is the
essence of his job that he notes and accounts for
the disparity and differences between the official
world and the real world as it is revealed in
field research. (P. 17).
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