NCJ Number
77790
Journal
International Journal of the Sociology of Law Volume: 9 Issue: 2 Dated: (May 1981) Pages: 123-155
Date Published
1981
Length
33 pages
Annotation
The South African case shows how colonialism and racism have exacerbated the difficult issues of defining criminality in the context of struggles over how social conditions are to be sustained and improved.
Abstract
The theoretical postulate is that changes in the legal control policies of any political organization reflect the political concerns of the dominant more than a concern with effective crime control. The specific proposition can be shown through a look at South Africa's political and criminal history from the Dutch foundation (1652-1795) to British imperial rule (1795-1910), the uniting of South Africa from 1910 to 1948, and white rule since 1948. That proposition is that colonialism and racism interject misleading and self-defeating factors into the process of sociolegal development, so that a viable legal order is precluded without radical political restructuring. The sometimes drastic fluctuations in the measures of legal control and criminalization, contrasted to the generally more gradual changes in crime rates, the major concern with political criminalization, and recurring serious challenges to authority demonstrate that control by the South African authorities is far from being established even after 3 decades of determined efforts. The South African legal control system appears to work against itself, generating instead of controlling crime and political instability. Crime statistics and about 50 references are provided. (Author abstract modified)