CRIME AND CONFLICT - A STUDY OF LAW AND SOCIETY

• NCJ Number: 37222
• Author(s): H E PEPINSKY
• Editor(s): C M CAMPBELL, P N P WILES
• Date Published: 1976
• Length: 169 pages
• Sale Source: Martin Robertson and Co Ltd
• Language: English
• Country: United Kingdom
• Note: LAW IN SOCIETY SERIES

Annotation

AN EXAMINATION OF THE RELATIONSHIP OF LEGAL RATIONALITY, LEGAL FORMALISM, AND SOCIAL CHANGE IN THE UNITED STATES, WITH A COMPARATIVE ANALYSIS OF THE LEGAL AND SOCIAL SYSTEM OF THE PEOPLE'S REPUBLIC OF CHINA.

Abstract

THE AUTHOR NOTES THAT THEORIES ON THE WAY LAW MAY INFLUENCE PRIVATE PERSONS WERE CONCEIVED AS LONG AGO AS THE 18TH CENTURY. IT IS BELIEVED THAT IF 'THE RATIONAL MAN' KNEW PRECISELY THE WAY THE LAW WOULD APPLY TO HIS CONDUCT AND IF THE NEGATIVE SANCTIONS IMPOSED FOR VIOLATIONS OF THE LAW WERE SEVERE ENOUGH, 'THE RATIONAL MAN' WOULD BE LAW ABIDING. THUS, THIS THEORY HOLDS THAT RATIONALITY IMPLIES LITERAL COMPLIANCE WITH THE LAW'S TERMS. THE AUTHOR APPLIES THIS THEORY OF LEGAL RATIONALITY TO AMERICAN CRIMINAL JUSTICE. THE FIRST SECTION ATTEMPTS TO DERIVE PRINCIPLES OF THE CRIMINAL LAW ADMINISTRATORS' RESPONSE TO FORMAL WRITTEN CRIMINAL LAW AS FOUND IN AMERICAN SOCIETY. CONSTRAINTS IMPOSED ON LAW ADMINISTRATORS BY THE LAW ITSELF ARE REVIEWED, AND A CASE STUDY OF THE ADMINISTRATION OF LAW BY AMERICAN POLICE IS PROVIDED. HAVING REACHED A SET OF CONCLUSIONS ABOUT THE WAY THE STRUCTURE OF AMERICAN FORMAL WRITTEN CRIMINAL LAW AFFECTS THE FORM OF RATIONAL ADMINISTRATION OF THE LAW, THE AUTHOR TURNS TO GENERAL POPULAR RESPONSE TO THE LAW. COMPARING AMERICAN LAWS TO THE CHINESE SYSTEM (IN WHICH VERY FEW FORMAL WRITTEN LAWS EXIST), THE AUTHOR SUGGESTS THAT AMERICAN CRIMINAL LAW IS STRUCTURED TO REWARD INDIVIDUAL ACCOMPLISHMENT. HE SUGGESTS THAT THE RELIANCE ON FORMAL WRITTEN LAW CHARACTERISTIC OF AMERICAN SOCIETY IS SUITED TO REINFORCING INTERPERSONAL DISTRUST AND SOCIAL MOBILITY, AND MAY EVEN CONTRIBUTE TO THE GROWTH OF CRIME. FINALLY, RECOGNIZING THAT THE AMERICAN TENDENCY IS TO CREATE MORE, NOT LESS, FORMAL WRITTEN LAW, THE AUTHOR OFFERS SEVERAL PROPOSALS FOR A NEW KIND OF FORMAL WRITTEN LAW DESIGNED TO CHANGE THE AMERICAN PATTERN OF POPULAR AND ADMINISTRATIVE RESPONSE TO THE CRIMINAL LAW. (AUTHOR ABSTRACT MODIFIED)