Eleanor Finch
Constitutive criminology, introduced by Stuart Henry and Dragan Milovanovic, is a postmodernist-influenced theory that views crime as a socially constructed concept shaped by cultural definitions, power dynamics, and media portrayal. The three components of this theory are:
1. Crime as a social construct: Constitutive criminology argues that crime is not an absolute or fixed concept but is socially constructed and varies across different cultural and historical contexts.
2. The role of power and media: This theory highlights how power dynamics and media representations influence societal attitudes and definitions of crime, impacting criminal justice policies and practices.
3. Co-production of crime: It understands crime as a co-production of human agents and the cultural and social structures they create, emphasizing the role of human agency and resistance in the meaning of crime and legality.
| Characteristics | Values |
|---|---|
| Crime is a socially constructed concept | Influenced by cultural definitions, power dynamics, and media portrayal |
| Crime is not an absolute or fixed concept | Changes over time and varies across different cultural contexts |
| Crime is shaped by social and cultural definitions | Crime is a co-production of human agents and the cultural and social structures they continuously create |
| Criminals are "excessive investors" | Offenders invest energy to make a difference to others without allowing those others to make a difference to them |
| Victims are "recovering subjects" | Victims suffer the pain of being denied their own humanity and the power to make a difference |
| Power dynamics play a significant role | Those in power can manipulate the law to criminalize behaviors that threaten their position |
| Media representations shape societal attitudes | Media portrayals of crime can influence public policy and the criminal justice system |
| Focus on changing the discourse | Changing the way society talks about crime can help reduce it |
| Understanding of crime is influenced by socio-political context | Crime is shaped by power dynamics and political ideologies |
| Crime is a reflection of power struggles | Crime reflects the power dynamics within a society |
| Influence of cultural phenomena | Cultural products like media and public discourse shape perceptions of crime and the criminal justice system |
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What You'll Learn
Crime is socially constructed
Constitutive criminology is a theoretical framework that views crime as a socially constructed concept. This means that crime is not an absolute or fixed idea, but rather a phenomenon that is shaped by social, cultural, and political contexts. This theory, developed by Stuart Henry and Dragan Milovanovic, argues that our understanding of crime is influenced by cultural definitions, power dynamics, and media portrayal.
Crime, according to constitutive criminology, is a co-production of human agents and the cultural and social structures they create. It is seen as an integral part of society's overall production. This perspective challenges traditional criminology theories that focus on psychological, biological, or individual factors influencing criminal behaviour. Instead, it emphasizes the role of social interactions and cultural beliefs in defining what constitutes a crime.
The media, for example, plays a significant role in shaping societal attitudes toward crime. The way crimes are reported, which crimes receive attention, and how criminals are portrayed all influence public perception. This, in turn, impacts the policies and practices of the criminal justice system. Constitutive criminologists argue that power dynamics and political ideologies often influence which behaviours are criminalized. Those in power can manipulate the law to criminalize behaviours that threaten their position while normalizing behaviours that reinforce their power.
This understanding of crime as a socially constructed concept has implications for how we address and respond to criminal behaviour. Constitutive criminology aims to change the discourse around crime and power dynamics, encouraging a less harmful portrayal by the media and other social groups. It also highlights the need to consider the broader social and cultural context in which crime occurs when developing criminal justice policies and practices.
In summary, the concept of "crime is socially constructed" is a fundamental aspect of constitutive criminology. This theory challenges traditional views of crime by arguing that crime is shaped by societal and cultural factors. By recognizing the influence of media, power dynamics, and cultural beliefs, constitutive criminology provides a unique perspective on understanding and addressing criminal behaviour.
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Power dynamics and media portrayal
Constitutive criminology is a theoretical framework within the field of criminology that views crime as a socially constructed concept influenced by power dynamics and media portrayal. It argues that our understanding of crime and criminal behaviour is shaped primarily by social and cultural definitions rather than psychological, biological, or social factors. This theory, influenced by postmodernism, tries to understand the co-production of crime by humans in their everyday lives within the context of societal structures.
Power dynamics play a significant role in constitutive criminology as they influence what behaviours are classified as criminal. Those in power can manipulate the law to criminalise behaviours that threaten their position while normalising behaviours that reinforce their power. This perspective highlights that crime is not solely about individual wrongdoings but can also reflect power struggles within a society. For instance, laws are often formulated based on societal definitions of crime, which then dictate the response of the criminal justice system.
Media representations of crime can also shape societal attitudes and influence public policy. The way crimes are reported, which crimes receive attention, and how criminals are portrayed can impact public perception. Media outlets often focus on sensational or rare crimes, influencing the public to believe that certain types of crime are more prevalent or dangerous than they are. This can lead to demands for stricter laws and harsher punishments.
Constitutive criminology urges a shift in the discourse that facilitates expressions of power in mainstream culture. Large-scale social groups, including the news media, are essential in this transformation. By producing discourse that perpetuates power and domination, the media influences popular culture and spreads socially constructed problems. As such, constitutive criminologists encourage the creation of a less harmful discourse to counter the negative portrayal of crime news.
Overall, constitutive criminology provides a unique perspective on understanding crime by emphasising that our conception of crime is not fixed but deeply influenced by societal and cultural factors. This approach underscores the importance of examining the broader context in which crime occurs and how these definitions shape the criminal justice system's response.
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Cultural and structural contexts
Constitutive criminology is a theory that emerged in the 1980s from Stuart Henry's studies on crime and social control in the workplace. It views crime as a socially constructed concept that is deeply rooted in cultural and structural contexts. The cultural and structural contexts of constitutive criminology are integral to understanding its perspective on crime and criminal behaviour.
The cultural context of constitutive criminology highlights the influence of cultural definitions, power dynamics, and media portrayal on our understanding of crime. Constitutive criminologists argue that crime is not an absolute or fixed concept, but rather a socially constructed phenomenon that varies across different cultural contexts and changes over time. The media, including news media and popular culture, plays a significant role in shaping public discourse and perceptions of crime. It influences the types of crimes that receive attention, how they are reported, and how criminals are portrayed. This, in turn, impacts the policies and practices of the criminal justice system. Constitutive criminology urges a shift in the discourse surrounding crime, addressing the harm caused by media representations that perpetuate power and domination.
Power dynamics and political ideologies are also key aspects of the cultural context in constitutive criminology. Behaviours that challenge the power of those in control can be criminalized, while behaviours that reinforce their power can be normalized. This perspective underscores that crime is not solely about individual wrongdoings but can also reflect power struggles within a society. The labelling of certain behaviours as criminal has a direct impact on criminal justice policies and practices, influencing everything from policing and prosecution to sentencing and rehabilitation.
The structural context of constitutive criminology is closely related to its cultural context. It recognizes that crime is shaped by broader societal structures, including legal and political systems. Constitutive criminology draws on theories such as structuration theory, which explores the relationship between social forms and social action. It also incorporates elements of social constructionism, which examines how social phenomena are created, established, and turned into human tradition.
The structural context of constitutive criminology also intersects with its cultural context in understanding the co-production of crime. This theory views crime as a dialectical co-production, influenced by human agents and the cultural and social structures they create. It suggests that crime is the harm resulting from humans investing energy into relations of power that deny or diminish the humanity of those subjected to this power dynamic. Offenders are seen as "excessive investors", while victims are viewed as "recovering subjects". This perspective highlights the role of human agency and resistance in the constitution of crime and legality, as well as the identities of those involved.
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Influence of postmodernism
Constitutive criminology is a postmodernist-influenced theory of criminology. It was posited by Stuart Henry and Dragan Milovanovic in their 1996 work, *Constitutive Criminology: Beyond Postmodernism*. Constitutive criminology draws on a range of theories, including symbolic interactionism, social constructionism, phenomenology, chaos theory, and postmodernism.
Postmodernism has had a growing influence on intellectual culture, including criminology. The postmodernist school in criminology applies postmodernist thought to the study of crime and criminals. It is based on the understanding that "criminality" is a product of the use of power to limit the behaviour of those excluded from power. It focuses on the identity of the human subject, multiculturalism, feminism, and human relationships to deal with the concepts of "difference" and "otherness".
Postmodernists shift attention from Marxist concerns of economic and social oppression to linguistic production, arguing that criminal law is a language used to create dominance relationships. For example, the language of courts expresses and institutionalises the domination of the individual, whether accused or accuser, criminal or victim, by social institutions. Constitutive criminology uses the postmodernist view of knowledge as being political, subjective, and ranked.
Constitutive criminology draws on postmodernism to understand the co-production of crime by humans in their everyday lives with products, institutions, and societal structures. It argues that crime is a socially constructed concept influenced by cultural definitions, power dynamics, and media portrayal. Crime is not an absolute or fixed concept but a socially constructed phenomenon that changes over time and across different cultural contexts. This means that what is considered a crime in one society or historical period may not be seen as a crime in another.
The central tenet of constitutive criminology is that crime and its control cannot be removed from the structural and cultural contexts in which they are produced. It identifies offenders as \"excessive investors\" who invest energy in making a difference to others without those others having the ability to do the same to them. Victims, on the other hand, are those who suffer the pain of being denied their own humanity and the power to make a difference.
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The role of critical criminologists
Constitutive criminology is a theory that views crime as a socially constructed concept influenced by cultural definitions, power dynamics, and media portrayal. It is a theoretical framework within the field of criminology that challenges traditional theories of crime that focus on psychological, biological, or social factors influencing criminal behaviour. Instead, constitutive criminology argues that our understanding of crime is shaped by social and cultural definitions. This theory was introduced by Stuart Henry and Dragan Milovanovic in the late 1980s, drawing on diverse theories such as symbolic interactionism, social constructionism, and phenomenology.
Critical criminology, a branch of criminology, also challenges traditional approaches to understanding crime by emphasising the role of social harm, social inequality, and the criminal justice system. Critical criminologists argue that crime is a product of oppression of marginalised groups, including the poor, women, and ethnic minorities. They focus on the larger systemic factors of crime, such as power, domination, and oppression, which are often neglected by mainstream criminology.
Furthermore, critical criminologists expose the role of laws as tools of the powerful, arguing that crimes are socially constructed to reflect the interests of dominant groups. They shed light on the criminalisation of marginalised groups, such as racial minorities and the working class, who face over-policing and harsher sentencing, perpetuating cycles of poverty and marginalisation. Critical criminologists also address corporate and state crimes, including environmental pollution, financial fraud, war crimes, human rights abuses, and systemic racism within the criminal justice system.
Additionally, critical criminologists contribute to correctional reform advocacy, particularly in the area of prisoner education. They enrich the understanding of the corrections system by offering insights into the day-to-day realities of incarceration and the hidden politics of prison administration. Critical criminology also encompasses feminist criminology, which focuses on the gendered nature of criminalisation and punishment, and indigenous criminology, which challenges the dominant ideologies of race and racial inferiority inherent in mainstream criminology.
Overall, the role of critical criminologists is to provide a critical perspective on crime, challenging traditional theories and highlighting the social, political, and economic inequalities that contribute to criminal behaviour. They advocate for a more holistic understanding of crime that considers the broader social and cultural contexts, as well as the impact of power dynamics and historical contingencies.
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