Models of Law

criminology

the study of the making/breaking of laws and society’s reaction

ferdinand tonnies

identified that there were two types of societies in which mechanisms for social control is varied

• gemeinschaft

• gesellschaft

gemeinschaft society

focused on community

• common work/goal = survival

• larger families in which everyone has a role

• heavy emotional and tight connections

• emphasis on friendship and kinship

gesellschaft society

focused on creating a society/dichotomy

• division of labor → work for others benefit

• smaller families

• less connection

• superficial interdependence → relying on others for personal gain

• “what’s in it for me?”

manifest functions

intended/expected consequences of law

latent functions

unintended/unrecognized consequences of law

emile durkheim

created the idea that law and crime is normal, functional, and helpful for reinforcing solidarity

consensus model of law

laws are a reflection of what society collectively agrees on, so crime violates an agreed upon social contract

• does not account for differences in beliefs about consequences, even if the consensus is that the behavior is bad

conflict model of law

society does not agree on law, so there needs to be some sort of power to enforce order

class conflict model of law

bourgeoise vs proletariat

• people in power vs people who need to utilize labor to get by

• crime is a tool for the wealthy to control the lower class

• does not account for laws that are based on consensus (mala in se behaviors)

group conflict model of law

law reflects conflict between groups

• groups do not have inherent power over the other

• does not recognize that there are crimes that can be agreed on

• idea that law is a prize awared to those with power

pluralism

society is characterized by plurality/diversity

theory

a framework for understanding social processes

individual level of analysis

• unit of analysis: individual

• outcomes measured: individual criminal act

• theoretical approach: micro

structural level of analysis

• unit of analysis: group, neighborhood, society, nation

• outcomes measured: crime rates

• theoretical approach: macro

cross-level level of analysis

• unit of analysis: combines individual and societal units

• outcomes measured: criminal acts and crime rates

• theoretical approach: social psychological AND social structural

• “how does macro influence micro”