In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence is an act harmful not only to some individual but also to a community, society, or the state. Such acts are forbidden and punishable by law.
Jurisprudence is the philosophy and theory of law. It is concerned primarily with both what law is and what it ought to be. That includes questions of how persons and social relations are understood in legal terms, and of the values in and of law. Work that is counted as jurisprudence is mostly philosophical, but it includes work that also belongs to other disciplines, such as sociology, history, politics and economics.
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology.
Chinese law is one of the oldest legal traditions in the world. The core of modern Chinese law is based on Germanic-style civil law, socialist law, and traditional Chinese approaches.
Social norms are shared standards of acceptable behavior by groups. Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into rules and laws. Social normative influences or social norms, are deemed to be powerful drivers of human behavioural changes and well organized and incorporated by major theories which explain human behaviour. Institutions are composed of multiple norms. Norms are shared social beliefs about behavior; thus, they are distinct from "ideas", "attitudes", and "values", which can be held privately, and which do not necessarily concern behavior. Norms are contingent on context, social group, and historical circumstances.
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular action or behavior that is deemed undesirable or unacceptable. It is, however, possible to distinguish between various different understandings of what punishment is.
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.
An obligation is a course of action that someone is required to take, whether legal or moral. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. Obligation exists when there is a choice to do what is morally good and what is morally unacceptable. There are also obligations in other normative contexts, such as obligations of etiquette, social obligations, religious, and possibly in terms of politics, where obligations are requirements which must be fulfilled. These are generally legal obligations, which can incur a penalty for non-fulfilment, although certain people are obliged to carry out certain actions for other reasons as well, whether as a tradition or for social reasons.
Legal positivism is a modern intellectual tradition in the philosophy of law and jurisprudence that holds that law is a set of rules created by human beings who prescribe certain procedures for its enactment. This contrasts with natural law theory, which has ancient roots and holds that inherent moral principles provide a basis for the law, and that an immoral law is not a true law. Legal positivists oppose this view, maintaining that the validity of a law is determined by social facts such as enactment by a recognized authority following accepted procedures, rather than from any moral criterion.
Normative generally means relating to an evaluative standard. Normativity is the phenomenon in human societies of designating some actions or outcomes as good, desirable, or permissible, and others as bad, undesirable, or impermissible. A norm in this sense means a standard for evaluating or making judgments about behavior or outcomes. "Normative" is sometimes also used, somewhat confusingly, to mean relating to a descriptive standard: doing what is normally done or what most others are expected to do in practice. In this sense a norm is not evaluative, a basis for judging behavior or outcomes; it is simply a fact or observation about behavior or outcomes, without judgment. Many researchers in science, law, and philosophy try to restrict the use of the term "normative" to the evaluative sense and refer to the description of behavior and outcomes as positive, descriptive, predictive, or empirical.
Norms are concepts (sentences) of practical import, oriented to affecting an action, rather than conceptual abstractions that describe, explain, and express. Normative sentences imply "ought-to" types of statements and assertions, in distinction to sentences that provide "is" types of statements and assertions. Common normative sentences include commands, permissions, and prohibitions; common normative abstract concepts include sincerity, justification, and honesty. A popular account of norms describes them as reasons to take action, to believe, and to feel.
The cultural theory of risk, often referred to simply as Cultural Theory, consists of a conceptual framework and an associated body of empirical studies that seek to explain societal conflict over risk. Whereas other theories of risk perception stress economic and cognitive influences, Cultural Theory asserts that structures of social organization endow individuals with perceptions that reinforce those structures in competition against alternative ones. This theory was first elaborated in the book Natural Symbols, written by anthropologist Mary Douglas in 1970. Douglas later worked closely with the political scientist Aaron Wildavsky, to clarify the theory. Cultural Theory has given rise to a diverse set of research programs that span multiple social science disciplines and that have in recent years been used to analyze policymaking conflicts generally.
In criminology, the classical school usually refers to the 18th-century work during the Enlightenment by the utilitarian and social-contract philosophers Jeremy Bentham and Cesare Beccaria. Their interests lay in the system of criminal justice and penology and indirectly through the proposition that "man is a calculating animal," in the causes of criminal behavior. The classical school of thought was premised on the idea that people have free will in making decisions, and that punishment can be a deterrent for crime, so long as the punishment is proportional, fits the crime, and is carried out promptly.
The cultural cognition of risk, sometimes called simply cultural cognition, is the hypothesized tendency to perceive risks and related facts in relation to personal values. Research examining this phenomenon draws on a variety of social science disciplines including psychology, anthropology, political science, sociology, and communications. The stated objectives of this research are both to understand how values shape political conflict over facts and to promote effective deliberative strategies for resolving such conflicts consistent with sound empirical data.
Denunciation in the context of sentencing philosophy demonstrates the disapproval of an act by society expressed by the imposition of a punishment. The purpose of denunciation is not so much to punish the offender but to demonstrate to law-abiding citizens that the particular behaviour which is being punished, or denounced, is not acceptable. In this respect, it has been argued that "punishment is not like a private letter; it is like a billboard put up on a busy street… it is also meant for the victim of crime and for the public at large”. Denunciation is one of five different objectives that punishment is thought to achieve; the other four objectives are deterrence, incapacitation, retribution and rehabilitation.
Deviance or the sociology of deviance explores the actions and/or behaviors that violate social norms across formally enacted rules as well as informal violations of social norms. Although deviance may have a negative connotation, the violation of social norms is not always a negative action; positive deviation exists in some situations. Although a norm is violated, a behavior can still be classified as positive or acceptable.
Science of morality may refer to various forms of ethical naturalism grounding morality in rational, empirical consideration of the natural world. It is sometimes framed as using the scientific approach to determine what is right and wrong, in contrast to the widespread belief that "science has nothing to say on the subject of human values".
The gateway belief model (GBM) suggests that public perception of the degree of expert or scientific consensus on an issue functions as a so-called "gateway" cognition. Perception of scientific agreement is suggested to be a key step towards acceptance of related beliefs. Increasing the perception that there is normative agreement within the scientific community can increase individual support for an issue. A perception of disagreement may decrease support for an issue.
In cultural anthropology, the distinction between a guilt society or guilt culture, shame society or shame culture, and a fear society or culture of fear, has been used to categorize different cultures. The differences can apply to how behavior is governed with respect to government laws, business rules, or social etiquette. This classification has been applied especially to what anthropologist Ruth Benedict called "apollonian" societies, sorting them according to the emotions they use to control individuals and maintaining social order, swaying them into norm obedience and conformity.
A legal norm is a binding rule or principle, or norm, that organisations of sovereign power promulgate and enforce in order to regulate social relations. Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time. Competent state authorities issue and publish basic aspects of legal norms through a collection of laws that individuals under that government must abide by, which is further guaranteed by state coercion. There are two categories of legal norms: normativity, which regulates the conduct of people, and generality, which is binding on an indefinite number of people and cases. Diplomatic and legislative immunity refers to instances where legal norms are constructed to be targeted towards a minority and are specifically only binding on them, such as soldiers and public officials.
