TOWARD A DIALECTICAL CRIMINOLOGY (FROM CRIME, LAW, AND SANCTIONS - THEORETICAL PERSPECTIVES, 1978, BY MARVIN KROHN AND RONALD AKERS - SEE NCJ-52482)

• NCJ Number: 52483
• Author(s): R A BALL
• Date Published: 1978
• Length: 16 pages
• Corporate Author: Sage Publications, Inc
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: REVISION OF A PAPER ORIGINALLY PRESENTED AT THE ANNUAL MEETING OF THE AMERICAN SOCIETY OF CRIMINOLOGY, ATLANTA, GEORGIA, 1977

Annotation

THIS METATHEORETICAL ESSAY OFFERS THE DIALECTIC APPROACH AS AN ALTERNATIVE EPISTEMOLOGY TO BOTH CLASSICISM AND POSITIVISM IN CRIMINOLOGY.

Abstract

THEMES OF CLASSICISM ARE CLARITY, PARSIMONY, BALANCE, AND RESTRAINT. CLASSICISM IS FORMALISTIC, FOCUSING ITS ATTENTION UPON THE LOGIC OF LAW AND THE ADMINISTRATION OF JUSTICE. POSITIVISM IS INTENDED TO BE SCIENTIFIC IN THE SENSE OF MATERIALISM AND CONCENTRATES ON THE CAUSE OF CRIME RATHER THAN ON THE CLARIFICATION AND CODIFICATION OF LAW. THE DIALECTIC APPROACH DOES NOT FOLLOW LINEAR LOGIC; CLASSICAL CRIMINOLOGY IS LIMITED BY BIASES INHERENT IN LOGICAL ANALYSIS. THE DIALECTIC CONCEPT EMBODIES TRANSACTIONS, INTERACTIONS, OR MEDIATIONS. VICTIMOLOGY IS BASED UPON AN IMPLICITLY DIALECTIC APPROACH, BUT THE PROBLEM IS THAT FEW CRIMINOLOGISTS ARE SUFFICIENTLY AWARE OF THEIR OWN EPISTEMOLOGICAL ASSUMPTIONS TO FORMULATE A NEW APPROACH WITH ANY CONSISTENCY. ONE OF THE PERENNIAL PROBLEMS IN CRIMINOLOGY IS THE PROBLEM OF DETERMINISM. SINCE THE DIALECTIC METATHEORY IS NOT LINEAR LOGIC, IT TRANSCENDS PSEUDOPROBLEMS OF DETERMINISM AS EFFECTIVELY AS IT ESCAPES PSEUDOPROBLEMS RESULTING FROM FORMALISM. THE DISTINCTION BETWEEN AN EXPRESSION AND AN EFFECT IS CRUCIAL IN DIALECTIC CRIMINOLOGY, AS WELL AS THE PRINCIPLE OF DIFFERENTIATION AND ISSUES RELATED TO CULTURE AND CONSCIOUSNESS. THE DIALECTIC APROACH TO CRIMINOLOGY IS MORE REALISTIC THAN CLASSICISM OR POSITIVISM. REFERENCES ARE INCLUDED. (DEP)