Foundations of Critical Criminology – Week 7 Lecture
IMPORTANT: The TAKE HOME exam is going to be based on the issues of biological. Psychological, social, cultural and environmental determinism.
There is NO such thing as DETERMINED WILL (it is a myth) humans will always have free will (No one is determined by culture, social conditions etc.) (They are always in interaction with the social order in which they exist and in that particular social order there is a base.)
Free will vs. Determine Will: Governance and Order Maintenance.
Historical inertia of Gesellschaft governance is toward determinism.
All political regimes tend toward determinism.
The earliest proto states applied patterns of regularity observed in nature to the social context.
Astronomy (for calendars). Mathematics (earliest form of abstract writing), standard measures and weights. Exact calculation of time, all the means by which political and religious authority imposed itself on the masses in the form of divine rule.
3rd century BCE Babylonia, Egypt and later Qin established deterministic order of precise and graded power.
Thomas Szasz Points out that also in Rome of the imperial. The ruler was regarded as the common father of all. Pater Postesta or Parens Patriae
The idea that states, even though seen as dominant are highly susceptible and vulnerable (every single state fails just when it reaches that point of total and absolute dominance.)
^ He speaks about Lucifer (Satan) ^Even in hell, there are rules and a leader, (WE CANNOT GET AWAY FROM THE HIERARCHY!!!)
Emile Durkheim
Imagine a community of Saints in an exemplary an perfect monastery. In it crime as such will be unknown, but faults that appear venial to the ordinary person will arouse the same scandal as does normal crime in ordinary consciences. If therefore. That community has the power to judge and punish it. Will term such acts as criminal and deal with them as such.
There is no such thing as a perfect community. It’s normal to break the law, so you know the moral boundaries. (In a society of saints, there will be sinners)
Therapeutic State
Is the state ‘divesting’ itself of coercive restraint by deputizing medical establishment to mobilize the discourse of disease to produce conformity.
State makes available to medicine (deviants/criminals) for medical experimentation an intervention.
5 characteristics of the therapeutic state.
1.) Parens Patriae (the state as guardian, “father”)
Care for the ill, disabled, incompetent, and mad, initially fell the Church and feudal lords.
The KING stands as protector and kinsman for any man who is to be deprived of his status or a stranger of their property if they have no one to stand for them.
Edward II of Eng. & Wales the CROWN is responsible for the insane and their property.
2.) Assumes “crime” is determined by:
Biological (animalization super-predators)
Cultural
Psychological
Social (environmental, socialization etc.)
Or some combination of the above rather than free will in social context.
For medical determinists of morality.
‘SICKNESS’ is the operative framing instead of “badness” and sin get conflated. Therefore, treatment and cure.
3.) Bureaucracy and Medicalization of Human Conduct
The state deputizes experts, clinicians, physicians who staff:
The bureaucracy that dispenses nostrums (cures) for behaviors which punishment cannot deter
under specific conditions. Mental health acts permit physicians the:
Power of detention for up to 72 hours.
Medical and assorted clinical experts mobilized to include more human behaviors into their orbit of control.
Medical theories of criminality are important because medicine has long claimed a special provenance over criminality.
4.) Just as “punishment” is a condition of “crime”. Treatments are a condition of the therapeutic state, either eradication
Nostrums (cures and treatments) range from.:
Eugenics
therapeutic measures: psychotherapy, surgery, Lobotomy’s, chemical therapy.
contemporary theory, and research now includes gene therapy, Maori “warrior gene”, Black Criminogenicity XYY chromosomes)
Divestment
A relinquishing of its jurisdiction over many of its traditional subjects and areas. Many classes of its criminal offenders are no longer subject to its sanctions. The mentally ill, the juvenile, and at times the alcoholic, the drug addict, and the psychopath
Because punishment fails the state divests its authority to science with the aim of producing conformity.
Science is fetishized.
Prisoner/Experimentation and the Geneva Convention, or Nuremberg Code of Medical Ethics
The 1910 Journal of the National Medical Association proposed experimenting on prisoners as expiation for their debt to society. The singled out African Americans.
World Medical Association 1961. Prisoners being captive groups should not be used as the subjects of the experiments.
Resolution was never adopted because of opposition from US physicians
1.) The voluntary consent of the human subject is essential.
Person should have the legal capacity to give consent should be so situated as to be able to exercise free power of choice without the intervention of any element of force, fraud, deceit. duress, overreaching, or other ulterior form of constraint or coercion and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision.
2.) The experiment should be such as to yield fruitful results for the good of society. Unprocurable by other methods or other means of study and not random and unnecessary in nature.
3.) The experiment should be so designed and based on the results of animal experimentation and a knowledge of the natural Hhstory of the disease or other problem under study that the anticipated results will justify the performances of the experiment.
4.) The experiment should be so conducted as to avoid all unnecessary physical and mental suffering and injury.
5.) No experiments should be conducted where there is a priority reason to believe that death or disabling injury will occur, except perhaps in those experiments or the experimental physicians also service subjects.
6.) The degree of risk to be taken should never exceed that determined by the humanitarian importance of the problem to be solved by the experiment.
7.) Proper preparations should made, and adequate facilities provided to protect the experimental subject against even remote possibilities of injury disability. Or death.
8.) The experiment should be conducted only by scientifically qualified persons. The highest degree of skill and care should be required through all stages of the experiment. Of those who conduct or engage in the experiment.
9.) During the course of the experiment, the human subject should be at liberty to bring the experiment to an end. If he has reached the physical or mental state where continuation of the experiment seems to him to be impossible.
10.) During the course of the experiment, the scientist in charge must be prepared to terminate the experiment at any stage if he has probable cause to believe in the exercise of the good faith superior skill. And careful judgment required of him that a continuation of the experiment is likely to result in injury, disability, or death to the experimental subject.
Article 3.1
A.) Consent shall be given voluntarily
B.) Consent can be withdrawn at any time
C.) If a participant withdraws consent, the participant can also request the withdrawal of their data or human biological materials.
In considering the voluntariness of consent, REBs and researchers should be cognizant of situations where undue influence, coercion or the offer of incentives may undermine the voluntariness of a participants consent to participate in research.
Pre-existing entitlements to care education and other services should not be prejudiced by the decision of whether to participate in or withdraw from a research project.
Coercion is more extreme form of undue influence involving a threat of harm or punishment for failure to participate. Coercion would negate the voluntariness of a decision to participate or remain in a research project.
The offer of incentives in some contexts may be perceived by prospective participants as a way for them to gain favor or improve their situation. This may amount to undue inducement, and this negate the voluntariness of a participants consent.
Disease
Any impairment of normal physiological function affecting all or part of an Organism. A specific pathological change caused by infection, stress, etc.
There are three types of disease: 1st, 2nd, 3rd generation
First Generation:
They have measurable physiological characteristics and effects.
They are genetic and/or environmental.
Congenital physiological impairments. Sickle cell anemia. Various organ malfunctions and deformations, asthma, autoimmune diseases, leukemia, etc.)
Acquired (HIV, malaria, aids, diabetes, asthma, various cancers, etc.)
These are clearly connected to the functioning of the body and with damage. The disease does to the body.
Second Generation:
Are those referred to as “mental disorders” or “mental illnesses?” These are “behavioral maladies.” (observational diseases, can’t be measured)
Are constituted not by any immutable physiological characteristic to a pathogen or gene problem, but by:
Feelings, thoughts, and behaviors they produce in people which we can only know from what sufferers say and do.
Weather on observation the person is non-conforming on a spectrum of mild to serious discredited performances.
They are not curable; they are manageable through a regiment of chemical treatment that mimic endocrine chemicals and other bodily hormones.
They are a product of the psychiatric professions Diagnostic and Statistic Manual.
Names and characteristics of diseases are determined by professional expertise and achieve their status as a disease by vote.
From one generation to the next, the status of the disease may change. Hysteria for women, Masturbation and effeminacy for men, homosexuality in men and women
Third Generation:
Are normally referred to as addictions. (Seen as capitalist outcome)
Are based on appetites, drives, and desires that are believed to be beyond conscious control.
Are any form of excess that impairs conduct and performance
Are ‘goal directed’ that are beyond conscious control and take a life of their own and the person becomes dependent.
Beginning in the 1950s, courts in US and Canada accepted the psychiatric definition as well as Alcoholics Anonymous definition of chemical dependency as disease.
Courts began to refer “addicts” to either mental facilities for treatment or to programs such as Alcoholics Anonymous.
Addictions can include some second-generation diseases: Sex addict, hoarding kleptomania
Unlike cancer, which can be in remission, the motto for 3rd generation diseases is “Once an addict, always an addict.”
There is no universal definition for addiction.
In anthropological terms, addiction is seen differently by different cultures.
The State
John Hepburn argues “political society is built upon a foundation of repressive force.” How is this relevant to criminology as an established way of making sense of social order? The following questions must be considered:
What is the state?
Can there be law without the state?
Can there be crime without law?
Can one have law in stateless and proto state societies?
Can there be nations without states?
At the root of these questions is who or what has the right to compel or coerce obedience.
What is the state?
1.) The apex legitimate authoritarian unit that A.) administers production and the allocation of surplus and B.) has the hierarchy of credibility in the production of ideology. It is a legalized protection racket.
2.) A corporate, often, incorporated legal entity. (Basically tax collectors for the government)
3.) In order to be, the state must ‘successfully claim the monopoly on the legitimate use of force within a given territory.’ (Gives police right to arrest you, trouble if you resist arrest)
4.) Necropoltics the qualified and unqualified right to kill. (Soldier/Military)
5.) Biopower disperser, or withholder of the benefits of life.
6.) Has exclusive sovereignty over a definite contiguous, graphical territory, distant territories as administrative units of the central government, sederentize and legibilize
7.) The state consists of 5 ‘institutional’ units bound together in a system. defined as a network of individuals bound by authority and power as a unit in pursuit of a defined objectives for which it has responsibility. and is answerable to the government.
Power
The chance of men to realize their own will in a communal action, even against the resistance of others who are participating in action. (Max Weber) (Commanding others)
Basically:
One group is imposing its will on the other groups of individuals by direct force or;
Buy less obvious violence (inducement/rewards) achieved through “consent” = force of persuasion/persuasion of force.
For Marxists power cohere’s.
First in force.
Secondly, conferred or deputised not circulated.
Thirdly becomes latent, while persuasion becomes manifest.
Authority
Possessing the right to issue commands or regulations and the right to use force to compel obedience.
Inner moral compulsion of the subject to obey.
Consent the (force of persuasion) is where subjects believe the status quo is in their interest and will comply on this basis.
Legitimation of rules and rulings.
A claim on the right to exercise authority force, ideally based on charisma, tradition, or rationality.
Is the probability that other authorities will act to confirm decisions of a given authority.
Ancient Egyptian pharaoh’s using the idea of “Antiquity” maces to beat people into submission to obey
Authority + Power
At its most basic, POWER is the mobilization of knowledge, (ideas + practice). and physical force to produce:
Predictability?
Control outcomes against the will of others
At its most basic AUTHORITY is the:
Right of command
Consent to power (learned habit to concede to those with power)
Those with power and authority manipulate and manage social order through hegemony.
Persuasion of Force. (Latent)
Force of Persuasion. (Manifest)
Force + Persuasion = Consent Hegemony
Force:
In sociological terms, the means capacity and use of coercion to cause persons or groups to act move in desired ways.
Persuasion:
The means capacity, and use of rhetorical devices, (ideology, discourse, condensation symbols, etc.) and threat to cause persons or groups to act move without coercion.
Consent Is the process by which the masses come to give credibility to and acceptance of state authority?
Hegemony Occurs through the elite’s control and manipulation of cultural media and regimes of socialization, (IE schools) to normalize their morality and values, (IE worldview) as universal norms.
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