Marxist and Conflict Theories of Deviance

• The text covers Marxist and conflict theories of deviance.

Development of Marxist Theory

• Marxist theory is a key theory in criminology that focuses on the capitalist system.
• Marx himself wasn't a criminologist, but is acknowledged by criminologists as a key theorist.
• At the core of Marxist theory is the capitalist system, which is seen to create conflict, inequality, and power differentials.
• It's argued by some that Marxism doesn't explain the conflict surrounding LGBTQ rights, due to its focus.
• Capitalist conflicts are designed to distract and divide workers, keeping them focused on divisive issues rather than uniting against capitalists, according to Turk (2002).
• Debates on issues such as transgender rights can divert attention and make it harder for workers to challenge those in power, maintaining control by the ruling class.
• Social relationships and class conflicts are an important feature.
• Laborers are in direct conflict with the bourgeoisie, leading to a struggle for power.
• Society should be best understood by its "social relationships."
• The fundamental basis of society is "class conflict."
• Capitalism creates a conflict between the social relationships of the owners of the means of production (bourgeoisie) and laborers (proletariat).
• The laborer (proletariat) is the actual creator of a given product, so is the owner of the profits from its creation.
• Laborers' maximization of wages directly conflicts with the bourgeoisie's profit maximization.
• Marx indicates that conflict arises when groups struggle for power, each aiming to maximize their advantage.
• The bourgeoisie will win in the short run, but the proletariat will win in the long run.

Dialectical Materialism

• Dialectical Materialism is the basis of Marxist philosophy.
• Dialectical Materialism has dialectic and negotiation of contradictions.
• Reality exists in the material world.
• Marx's philosophy is based on dialectical materialism.
• Marx thought that reality existed in the “material world", which had a meaning or reality separate from the meaning given to it by individuals.
• Marx also believed in the “dialectic,” which is a negotiation of contradictions.
• Marx believed that the material world was full of conflict. Through a process of negotiating those contradictions, a new reality might result.

Marxism and the Creation of Law and Deviance

• Importance of the law and its function are key tenants.
• Marx discussed how the law as the instrument used to support the ideology of capitalism.
• The law's function was to hide real power by offering power, on paper, to everyone equally.
• Equality on paper did not mean equality in practice.
• Marx believed that emphasizing the equality of the law on paper hides the reality that not everyone has equal power to use it.
• Emphasizing the equality of the law can lead to ignoring real inequality, making it seem like individuals are solely responsible for using the law.
• The role of economy and class conflict are important in Marxism and the Creation of Law and Deviance
• Spitzer's theory of deviance also is important
• False consciousness is also important.

Spitzer's Theory of Deviance

• Steven Spitzer (1975, 1983) expanded on traditional Marxist thought to develop a theory of deviance.
• Capitalism changes to advanced (or monopoly) capitalism.
• Monopoly capitalism promotes two realities.
• Capitalism would become more efficient as it advances, giving rise to a new labor class.
• Capitalism would promote increased levels of education, giving rise to a more thoughtful population critical of the system.
• Spitzer argued that advanced education would create a critical population and labeled two problem populations as “social junk” (unneeded laborers) and “social dynamite” (critics of the system).
• Capitalists would criminalize these groups when they became too large or resistant to informal control.

False Consciousness

• Marxist theory explains deviance as a tool to control certain groups, benefiting the capitalist system.
• As Marx said, the power of the capitalists comes from their ability to control both the means of production and communication.
• Laborers' lack of awareness explains the exploitation they are experiencing at the hands of the owners of the means of production and capitalism.
• Laborers live under false consciousness that doesn't allow them to understand or acknowledge their oppression and exploitation.
• Bourgeoisie can manipulate them by labeling behaviors or groups that are dangerous to capitalism as deviant.

Development of Conflict Theory

• Conflict theory, legislation of morality, instrumental function of law, and symbolic function of law are the main tenements of this theory.
• Marx didn't focus much on crime or deviance, but his ideas were expanded by criminologists who based their analysis in concepts of economic structure and social class.
• Later theorists explored "culture conflict," suggesting that there are more groups in conflict than just the bourgeoisie and proletariat, focusing on how conflict, culture, values, and power shape laws.

Gusfield

• Gusfield studied how laws are used to control behaviors, like prostitution, drug use, gambling, and homosexuality, that don't necessarily create victims.
• He argued that law has two functions.
• Instrumental function of law: The law defines permissible actions, and law enforcement enforces these rules by arresting those who break them.
• Symbolic function of law: A law that supports the cultural beliefs of one group over another suggesting that those beliefs are the moral and normative beliefs of society (e.g., discriminatory laws about LGBTQ support conservative agendas, while laws promoting equality strengthen progressive cultural values of equality and rights).

Vold

• Vold's work is based on the theory of group conflict, the creation and maintenance of the group, and the use of the law to maintain interests.
• George Vold expanded on Marxism and conflict theories by developing a theory of group conflict.
• Individuals are “group-involved beings” who both influence and are influenced by the groups.
• The constant interaction makes up society.
• Groups are in a constant state of action, fighting for their own interests.
• Overlapping needs and interests lead to conflicts between groups.
• Conflicts lead to increasing loyalty among the individuals within their groups.
• Vold's theory shows that both LGBTQ and conservative groups are fighting for control over gender and marriage definitions.
• This struggle has strengthened group loyalty, with many heterosexuals now supporting LGBTQ rights, thereby increasing group membership.
• Groups maintain and protect their interests through the law.
• More powerful groups can codify their values into law, thereby deeming the values of their conflicting groups as criminal.
• The political process involves negotiation between competing groups, resulting in a compromise both sides can accept.
• Liquor laws act as a compromise between prohibitionists who want alcohol banned, and the liquor industry which wants no restrictions.

Turk

• Turk focuses on the control of the law, and the use of the law as a socially controlling agent.
• Turk (1976) argued that law functions as a form of power and that groups use different resources to apply influence.
• He identified these five types of resource control (or power):
• Control of the means of direct physical violence (i.e., police power).
• Police power means that groups controlling the law can justify using force, such as by having police removing protesters who cannot use force themselves.
• Control of production, allocation, and/or use of material resources (i.e., economic power). For instance, tax laws protect the rich, helping maintain and strengthen their economic power.
• Control of decision-making processes (i.e., political power).
• Political power means the law supports and organizes the political system.
• Control of definitions of and access to knowledge, beliefs, values (i.e., ideological power). Ideological power is supported by the law, which is used either to dismiss certain ideas or to support others that reinforce the dominant ideology.
• Control of human attention and living time (i.e., diversionary power), where law is used to redirect attention from more important issues. Focusing public concern on street crime can distract from broader problems like corporate corruption or environmental degradation.

Quinney

• Quinney focuses on process, conflict and power, and the social reality of crime.
• Richard Quinney presents a theory explaining how crime is socially constructed through the law.
• Quinney described his six propositions of the social reality of crime as follows:
• Crime is defined by those in power. It's not just about what actions are inherently wrong, but about what those in authority label as criminal.
• The behaviors labeled as crimes often conflict with the interests of powerful groups in society who create laws to protect their power.
• Criminal definitions are applied by those who shape the enforcement and administration of criminal law.
• People's behaviors are influenced by the criminal definitions set by society, depending on the societal context and who holds power.
• Ideas about what is considered crime are spread throughout society by media, education, and other communication channels, shaping public perceptions.
• These processes form the social reality of crime, which influences how society views and reacts to crime.

Marxist and Conflict Theories

• Marxists focus on power and conflict within capitalism, while conflict theorists look at power in a broader context, including other social and political factors
• Marxists call for a revolutionary overthrow of capitalism to address power imbalances, while conflict theorists support reforms without revolution.
• Both focus on structural issues, institutions, and group behaviors, instead of individual behaviors or experiences.
• Both acknowledge that conflict exists and it arises from power differentials in society.