Crime

Discussion about a particular thinker who analyzes societies over time, focusing on change and continuity.
References to different interpretations of Marx that students may not be familiar with.
Overview of the agenda for the week, which includes discussing cannabis, Marx's methods for understanding questions, and Chambliss's application of Marx.

Emphasis on understanding Chambliss's work through the lens of Durkheim's theories.
Classroom re-creation of Durkheim’s viewpoint on human nature:
- Individuals possess a duality; each person has unique experiences but is also shaped by social dimensions.
- Individuals are interlinked through shared culture, mind, and values.
- Durkheim’s concept of "collective conscience" as a unifying reference that defines crime in relation to social norms.

The state serves as the embodiment of the collective conscience; it translates social cultural norms into laws.
Durkheim’s definition of Crime:
- Crime is that which offends the collective conscience and disrupts social unity.
Durkheim’s viewpoint on punishment:
- Viewed as an emotional reaction, a form of vengeance, rather than a means of correcting behavior.
- Crime has a social function—acts to unite the community, prompting collective reaffirmation of values.

Collective reactions to shocking crimes demonstrate a communal need for reassurance regarding shared beliefs and values.
Example of public response to horrific crimes representing a desire to connect and reaffirm norms.
Although punishment appears directed at the offender, it ultimately communicates societal values back to the community.

Chambliss critiques Durkheim's view, suggesting it neglects crucial aspects of law formation.
Chambliss’s stance on law:
- Law does not necessarily emerge from societal consensus but can be imposed from external entities (e.g., the state).
- Discussion revolves around understanding the nature of crime and the law's origins.

Chambliss as a contemporary American sociologist and criminologist.
His affiliation with criminology organizations and his contributions to sociology.
Discussion on the relevance of historical legal practices from England to contemporary American law.
- English law's influence on American legal foundations due to colonialism.
Examination of theft laws in England during the 14th century and their relevance today.

Central question posed by Chambliss: Why does the law define certain acts as criminal?
Distinction from Durkheim—focus here is on the justification of criminal definitions rather than mere observance.
Chambliss's argument is that consensus observed today does not imply historical consensus at origin.

Chambliss evaluates different laws from various historical periods. Key focus areas:
- Origins of murder laws and their evolution from customary practices.
- Shift from family-driven dispute resolution towards state-centric legal regimes post-Norman conquest of England.
Insights into the purpose and implications of the law during the transition from communal to state-controlled justice systems.

The transformation where killing was once viewed as a familial matter transitions into a violation of state law.
Comparison of customary restitution practices with the takeover of legal authority by the state—emphasizing that the state claimed authority unjustly.
Laws against murder thus became state-enforced criminal acts rather than community-restorative actions.

Discussion of whether consensus existed when the laws were created.
Recognition that customary law allowed families to settle disputes harmoniously prior to state intervention.
The role of the state in redefining crimes, claiming authority over legal matters and potentially disenfranchising community practices.

Current legal systems still reflect this historical pattern where the state represents the offended party, overshadowing individual familial grievances.
Emphasis on how modern legal frameworks often fail to address the needs of victims directly, focusing instead on state interests.

Chambliss aims to understand how social struggles influence law formation and class relations.
Transition to Marx and his conflict theory, providing tools to analyze societal conflict and political change.
The necessity of examining legal developments reflecting societal inequalities and power dynamics.

Wrap-up of Chambliss’s arguments setting the stage for further exploration of Marx's theories on societal dynamics and law-making.
Prepare for the next session focused on Marx, emphasizing the importance of understanding the historical context of law formation and conflict in societal structures.