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Conflict Theory

Help, help, I’m being oppressed!

Conflict versus Consensus

• As a view of society
• As an explanation of law
• As an explanation of criminal justice
• As an explanation of crime

A Theory of Law

Consensus: law gradually evolves as common values

(mores/folkways) get codified

law is shaped by the customs of society (Sumner) law is functional (control deviance, symbolic) for all

Versus

Conflict: Process of law making and content of law:

result of struggle between interest groups to win control of police power

As an Explanation of the

Criminal Justice System

Consensus: The CJS exists to serve and

protect all people.

Conflict: The CJS is the tool of the powerful

The powerless lack the ability to resist official arrest, prosecution… Power: race, class, ethnicity, gender

Conflict theory as an Explanation

of Crime

• Thorston Sellin (1938)
  • Cultural conflict theory
• George Vold (1958)
  • Group conflict theory
• Gist: violate laws of the majority simply by

following the norms of one’s own reference

group

Explaining Crime II

Direct Group Conflict

• Crimes resulting directly from clashing

group interests:

• Civil rights protesters
• Riots
• Pro-life activists
• Terrorism

Capitalism will Self-Destruct

• The laboring class produces goods that

exceed the value of their wages (profit)

• The owners invest the profit to reduce the

workforce (technology)

• The workers will no longer be able to afford

the goods produced by the owners

Marxist Criminology

• Instrumental Marxist Position
  • Hard line position
    • Crime and the creation and enforcement of law the direct result of capitalism
• Structural Marxist Position
  • Softer Position
    • Governments are somewhat autonomous
    • Over time, the direction of the law (creation and enforcement) will lean towards the capitalists

Quinney (1980) cont.

• Primary goal of capitalists? Maintain Power!
  • To do this, must trample rights of others
  • But, also must portray an egalitarian society
  • Accomplished by controlling media, academics

Implications for Law

• Capitalists control the definition of crime
  • Laws protect the capitalists (property, $)
  • Laws ignore crimes of the capitalists (profiteering)

Implications for Crime?

• Crimes of the Capitalists (must control)
  • Economic Domination
  • Crimes of the Government
  • Crimes of Control
  • Social Injuries (should be crimes)
• Crimes of the Lower Class
  • ―Rebellion‖
  • Crimes of ―Accommodation‖

POLICY IMPLICATION?

• The policy implication of Marxist

Criminology is clear.

• Dismantle the capitalist structure in favor of a socialist structure.

Colvin and Pauly

• Structural Marxism
• Agree with Marxist class structure, BUT...
  • Workers divided into ―Class Fractions‖
    • Fraction I = dead end, low skill
    • Fraction II = unionized workers
    • Fraction III = salaried

Colvin and Pauly cont.

• Key Thesis:
  • How parents are controlled/disciplined at work determines how they parent/control their kids
• How are workers controlled?
  • Faction I = coercive control
  • Faction II = controlled by material incentives
  • Faction III = bureaucratic control