Conflict Theory: The foundation of Marxism is rooted in the concept of conflict theory, which suggests that society operates in conflict rather than consensus.
Emphasis on competition among social classes rather than harmony.
In contrast to positivism, which assumes a consensus-driven societal structure.
Class Structure: Identifies the existence of different classes in society, particularly the bourgeoisie and the proletariat.
Bourgeoisie: The capitalist class who owns the means of production (factories, resources).
Proletariat: The working class who sell their labor and have no ownership of production.
Economic Systems:
Analysis of how capitalism shapes societal relationships and creates class distinctions.
Focus on the emergence of capitalism during the Industrial Revolution (e.g., steam engine, railroads).
Exploitation of the Proletariat: Bourgeoisie profits from lower wages paid to the working class, leading to a conflict of interests.
Unregulated labor conditions created significant risk (e.g., child labor, dangerous working environments).
Labor Unions: Emerged to combat exploitation and advocate for labor rights, such as wage increases, breaks, and regulations.
Superstructures: Marx introduced the concept of superstructures that include institutions (media, government, education) that maintain the status quo of capitalism.
Ideologies justify capitalism, presenting it as necessary and beneficial while vilifying non-participants.
Examples include societal beliefs that poverty results from laziness, reinforcing class divisions.
The idea that oppressed groups accept their socio-economic conditions as normal, even when detrimental to their interests.
Historical examples include narratives surrounding the American Dream and individual success through hard work.
Marx proposed that societal oppression eventually leads to revolts and movements for rights (e.g., civil rights, labor rights).
Structural inequality is perpetuated through existing socio-economic arrangements.
Criminal Justice as a Superstructure: The criminal justice system is viewed as a mechanism that perpetuates class divisions.
Targets the proletariat while the bourgeoisie face little scrutiny for corporate crimes (e.g., Jeffrey Reiman's concept of "The Rich Get Richer and the Poor Get Prison").
Targeting of Marginalized Groups: Criminal justice disproportionately affects those in poverty and limits their access to fair legal representation.
Profound differences exist in how laws are applied to different classes.
Example: Welfare fraud is aggressively pursued, while professional fraud (costlier in scale) sees leniency.
Representation Issues: Marginalized individuals often face legal disadvantages due to lack of resources or effective representation.
The Marxist framework provides critical insights into the structures of power and inequality in society, exposing the biases in the criminal justice system and the socio-economic challenges faced by marginalized communities.
It highlights the ongoing conflicts between the bourgeoisie and proletariat and the systems perpetuating these divides.
Marxism = conflict theory
How positivism for uses on the systems and rubric for crime operating with consensus
Look at the economic system and our relationships with each other
Enlightenment
Homogeneity and consensus under social contract
Presupposed laws and social control practices reflect mainstream norms and operate to benefit most of the population
Marxian Theory
Karl Marx
Advocate for the working middle class
Shifts in Social Hierarchy
Bourgeoisie
A new class gaining power through the capital
Overtook the nobility and landlords, reshaping power structures
Looks at industrialism
People with money and power own the means of production
Maximize profit, minimize wage
Intro to unions
Regulates labour because work was getting exploited (eg. The right to weekends, breaks, child labour laws)
The proletarian depended on bourgeoisie for work and employment
Transformation of the State
State becomes a tool for the ruling class, safeguarding economic and political dominance
Creations f courts, armies, and police to suppress working class resistance (eg. Riots and strikes)
Historical Materialism
Looks at society’s material conditions
Economic structures, labour relations, and class dynamics
Materialism and Social Change
Economic shifts drive changes in social relations
Feudalism to capitalism established inequality in economic and social systems
Industrial Revolution and Advanced Capitalism
Rise of advance capitalism
Bourgeoisie (elites with capital) privately owned means of production (factories, machinery, land)
Proletariat (working class) had no access to these means and had to sell their labour power for wages
Lead to exploitation
Social Super Structure
Didn’t look at just economy but the legal systems, education, media, government, and police to maintain current system
Proletariat = working class only has labour to sell
Bourgeoisie = owners of the means of production
Ideology
Systems that maintain existing social and political structures
Promote the superiority of the ruling class
Vilifying who falls outside the economic arrangement
Only those who succeed worked their way to the affluent while those who didn’t are considered lazy
False Consciousness
Masses accept social structure as natural and normal even when it works against their interest
Class Conflict
Societies foundation lies in the class struggle between the bourgeoisie and the proletariat
Capitalist system = conflict, inequality and power differentials
Labour Exploitation
Maximizing profit leads to minimized labour costs
More profit = less cost for someone to gain, exploit to lose
Eg. Minimum wage, lack of benefits, pt time/ contract work
Control over communication
Bourgeoisie controls production and information flow, limiting proletariats ability to challenge existing power structures
Eg. Large corporations control much of the advertising space, using it to promote consumerism and individual success narratives
People owning media = tweaking the news
Eg. Twitter change to X platform because of new ownership of Elon Musk and whole algorithm changes
Media chapels messaging and narratives
Marxism and Legal Apparatus
Capitalist power controls over
laws and policing
Designed to protect capitalist interests
Criminalize behaviours hat threaten capitalism
Eg. Strikes, immigration labour, welfare fraud
The “undesirable” (the dangerous classes)
Struggle with homeless and addiction etc…
People with nothing to lose even when put to prison
Targets them and targets crimes that come from poverty
Targets street crime so they don’t steal from the “rich”
Marxian theories of crime and deviance
Willed Bonger
Hedonism, capitalism makes us selfish
Structurally induced crimes were eliminated (eg. Poverty related crimes) only psychopathic (psychological positivism) crime would remain
Steven SPitzer
Capitalism creates “problem populations”
Social Junk = Unneeded Labourers
Social Dynamite = those critical of the system
(Both of which are considered dangerous classes)
The population that are controlled through criminalization (eg. Laws targeting squeegee kids, petty theft, and civil disobedience)
Marxism and Functions of Law
Austin Turk
Law as a social control agent within the superstructure
Groups struggle to control legal frameworks
Laws reflect the cultural, political, and economic interests of those in power
Enforcement targets the less powerful
Eg. Legislation focuses on suppressing uprisings rather than addressing systemic inequalities
Squeegee kids
Business owners complain too much homeless kids because it devalues heir business
External = dangerous
Internal = business owners complaints
Richard Quinney and William Chambliss
Law is not neutral
It is a tool for social control, powerful influence where behaviours are criminalized
Legal enforcements focuses on suppressing dissent rather than addressing actual social harm
Eg. Protest and anti-union laws protect corporate interests, not individual rights