Criminology's Constitutive Nature: Understanding Crime's True Roots

Constitutive criminology is a theoretical framework that views crime as a socially constructed concept influenced by cultural definitions, power dynamics, and media portrayal. Unlike traditional criminology theories, constitutive criminology argues that our understanding of crime and criminal behaviour is shaped by social and cultural definitions rather than psychological, biological, or social factors. This theory, introduced by Stuart Henry and Dragan Milovanovic, defines crime as the harm resulting from humans investing energy in relations of power that denies or diminishes those subject to this investment, their own humanity. Constitutive criminology draws on a range of theories and perspectives, including structuration theory, social constructionism, symbolic interactionism, and postmodernism, to understand the co-production of crime by humans in their everyday lives within the wider societal structure.

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Crime as a social construct

Constitutive criminology is a postmodernist-influenced theory of criminology that views crime as a social construct. This theory, proposed by Stuart Henry and Dragan Milovanovic, defines crime as "the harm resulting from humans investing energy in relations of power that denies or diminishes those subject to this investment, their own humanity".

The central tenet of constitutive criminology is that crime and its control are inherently tied to the structural and cultural contexts in which they are produced. It draws on the concept of social constructionism, which holds that the meaning of acts, behaviours, and events is not inherent but is assigned through social interactions, power dynamics, and social norms. This challenges the notion that crime is an inherent and absolute concept, instead highlighting how various social forces contribute to defining, interpreting, and responding to deviant behaviour.

From this perspective, crime is not a fixed or universal category but is subject to variation across time, cultures, and societies. What constitutes a crime in one context may not be considered as such in another. For example, behaviours such as homosexuality, bullying, and drug use have been criminalised and decriminalised at different points in time and in different societies. The social construction of crime is influenced by factors such as social norms, values, and power structures, with those in positions of authority having the ability to shape the legal system and define criminality.

Additionally, the social response to crime is not solely based on the qualities of the act but also on the social and moral standing of the offender and the victim. This is evident in the criminal justice system, where socially disadvantaged groups may be disproportionately targeted and penalised due to structural barriers and biases. Constitutive criminology also recognises that knowledge itself is political and subjective, and can be used to exert power and control.

Overall, constitutive criminology provides a framework for understanding how crime is constructed, interpreted, and addressed within specific social, cultural, and historical contexts. It highlights the dynamic and contingent nature of criminality, challenging the idea of inherent criminality and emphasising the role of social forces in shaping our understanding of deviance.

Knowledge as power

Constitutive criminology is a theoretical framework that challenges traditional ways of thinking about crime and deviance. It does so by focusing on the ways in which power and knowledge shape our understanding of these phenomena. This approach is often described as "knowledge as power," highlighting the idea that knowledge is not a neutral or objective entity, but rather a tool that can be used to exert power and maintain social control.

The concept of "knowledge as power" is rooted in the understanding that knowledge is not simply a reflection of reality but is constructed and shaped by those in positions of power. In the context of criminology, this means that our understanding of what constitutes crime, deviance, and punishment is influenced by the social, political, and historical contexts in which these concepts are defined. Constitutive criminologists argue that this understanding of knowledge is inherently linked to power dynamics and can be used to maintain social order, reinforce inequalities, and serve the interests of those in power.

For example, constitutive criminologists might examine how laws are created and enforced, revealing how they reflect the values and interests of dominant groups in society. They might also explore how certain behaviours or groups are labelled as "deviant" or "criminal," and how these labels are used to exert control and maintain social hierarchies. By doing so, constitutive criminology exposes the ways in which knowledge about crime and deviance is constructed, contested, and used to serve particular purposes.

The "knowledge as power" perspective also emphasizes the role of

Control and crime

The notion of control in the context of crime encompasses various dimensions, including social, economic, and political control. Social control refers to the ways in which society influences individuals' behaviours to conform to social norms and expectations. This can be achieved through mechanisms such as socialization, education, and the internalization of societal values. Those who deviate from these norms may be labelled as "criminals," indicating a loss of control over their behaviour or a rejection of societal norms.

Economic control also plays a significant role in the relationship between control and crime. Access to economic resources and opportunities can influence individuals' propensity to engage in criminal activities. For instance, individuals facing economic disenfranchisement may resort to illegal means to improve their economic situation. In this context, a lack of control over legitimate economic resources contributes to the constitution of crime.

Political control is also critical, as laws and policies inherently involve power and control. The creation and enforcement of laws entail decisions about prohibited behaviours, influenced by those in power. Constitutive criminology challenges the neutrality of these laws, arguing they reflect the interests of the powerful.

The criminal justice system is a mechanism for exercising control over those who deviate from societal norms. Its response to crime, including incarceration, involves controlling individuals' freedoms. Constitutive criminology critiques the assumption of a just system, highlighting how it can perpetuate inequalities and reinforce social control.

Understanding the relationship between control and crime requires a nuanced approach that considers social, economic, and political factors influencing criminal behaviour. By doing so, we can address the root causes of criminality and work towards equitable crime responses.

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Media influence

Constitutive criminology is a postmodernist-influenced theory that views crime as an integral part of society's overall production. It defines crime as the harm caused by "humans investing energy in relations of power that deny or diminish those subject to this investment, their own humanity". The media plays a significant role in shaping public perception and understanding of crime and criminal justice. This is especially true in the age of social media and the internet, where information and communication technologies mediate much of our understanding of the world.

Media criminology is an area of study that focuses on the relationship between media, crime, and the criminal justice system. It recognises the media's influence on society and the impact of its representation of crime and criminal justice on public opinion, policy, and criminal behaviour. The media not only reflects but also shapes the reality of crime, as it is through media that most people become aware of crime-related issues. Therefore, the way the media portrays crime, criminals, victims, and law enforcement has a significant impact on how society understands and responds to crime.

Media representations of crime can influence public perception and understanding of criminal justice. The media can contribute to propagating fear of crime or even instigate criminal behaviour. For example, overreporting of crimes on social media platforms like Facebook, especially those involving Black suspects, can create a skewed view of race and crime. This interplay between social media and traditional news outlets creates a self-reinforcing negative cycle, with media outlets being financially incentivised to overrepresent crimes to drive viewer engagement and advertising revenue.

Furthermore, media outlets and entertainment companies often sensationalise crimes, further increasing viewer engagement and reinforcing negative messages about certain communities being prone to criminal activity. However, the media can also have a positive impact by drawing attention to the excesses of law enforcement and the criminal justice system, leading to a more effective and less biased approach to addressing crimes.

In conclusion, media influence is a crucial aspect of constitutive criminology. The media's portrayal of crime and criminal justice shapes public perception and understanding, impacting societal attitudes and policies related to crime. While the media can contribute to negative outcomes, it also has the power to facilitate positive change by exposing injustices and promoting a more informed approach to crime and criminal justice.

Power dynamics

Constitutive criminology is a postmodernist-influenced theory of criminology that views crime as a socially constructed concept influenced by power dynamics, cultural definitions, and media portrayal. It argues that our understanding of crime and criminal behaviour is shaped by social and cultural definitions rather than psychological, biological, or social factors. This theory defines crime as "the harm resulting from humans investing energy in relations of power that denies or diminishes those subject to this investment, their own humanity".

The power dynamics at play in constitutive criminology are evident in the theory's understanding of offenders and victims. Offenders are described as "excessive investors" who exert power and control over victims, who are described as "recovering subjects" suffering the pain of being denied their humanity and agency. This dynamic reflects the inherent power imbalance between the two parties, where the offender holds the power to cause harm, while the victim is left disempowered and vulnerable.

Constitutive criminology also acknowledges the role of societal power structures and political ideologies in shaping what behaviours are classified as criminal. Those in positions of power can influence laws and criminal justice policies by criminalizing behaviours that threaten their position and normalizing behaviours that reinforce their power. This dynamic highlights how crime can be a reflection of power struggles within a society, with laws being used as tools to maintain power.

Media representations and public discourse further contribute to the power dynamics in constitutive criminology. The media plays a significant role in shaping societal attitudes towards crime and influencing public policy. The way crimes are reported, which crimes receive attention, and how criminals are portrayed can impact public perception and shape the practices of the criminal justice system. This dynamic underscores the media's power in influencing societal norms and values regarding crime and justice.

Additionally, constitutive criminology challenges traditional power structures by advocating for a new understanding of the relationships between crime, law, and society. It seeks to 'decriminalize criminology' and address global-scale threats to personal safety, property, and public order, such as climate change, environmental degradation, and oppression based on ethnicity or gender. This perspective shifts power away from traditional authority figures and towards a more inclusive and socially just vision of society.

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