Postmodernist school (criminology)

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The postmodernist school in criminology applies postmodernism to the study of crime and criminals. It is based on an understanding of "criminality" as a product of the use of power to limit the behaviour of those individuals excluded from power, but who try to overcome social inequality and behave in ways which the power structure prohibits. It focuses on the identity of the human subject, multiculturalism, feminism, and human relationships to deal with the concepts of "difference" and "otherness" without essentialism or reductionism, but its contributions are not always appreciated (Carrington: 1998). Postmodernists shift attention from Marxist concerns of economic and social oppression to linguistic production, arguing that criminal law is a language to create dominance relationships. For example, the language of courts (the so-called "legalese") expresses and institutionalises the domination of the individual, whether accused or accuser, criminal or victim, by social institutions. According to postmodernist criminology, the discourse of criminal law is dominant, exclusive and rejecting, less diverse, and culturally not pluralistic, exaggerating narrowly defined rules for the exclusion of others.

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Definitional issues

Postmodernism is associated with relativism and a focus on the role of ideology in the maintenance of economic and political power. Postmodernists are "skeptical of explanations which claim to be valid for all groups, cultures, traditions, or races, and instead focuses on the relative truths of each person".[ citation needed ] A crime might be defined on the basis that the behaviour represents a danger to society and it is designated as such in the penal code (nullum crimen sine lege the Latin presumption that there can be no crime without a law defining it as such). Human activity extends its range as society develops, and any of these activities (with or without reason) may be considered harmful for people and are therefore “extinguished” by society either through informal moral condemnation or by the state when formal legal restrictions are infringed. There are overlapping explanations of criminality:

This difficulty in defining the basic concept of criminality applies equally to questions concerning its causes; even in physical and biological systems it is difficult, although not impossible, to isolate the cause-effect link from its context of interrelationships. It is more difficult for social systems. Indeed, some[ who? ] argue that chaos theory may provide a more appropriate model for what is termed the "social sciences". Thus, for postmodernism, the key “criminogenic” factor is the change in society from hierarchical relationships to ones based on differentiation with the meta-codes for identity as the determinant for social inclusion/exclusion (Gilinskiy: 2001).

Theoretical concerns

Postmodernism is associated with the decline of the left's credibility, specifically in the failure of state socialism to offer an attractive and, later, even a viable alternative to Western capitalism. Both Marxism and socialism derived their philosophical foundation from the Enlightenment. Postmodernism is a critique of the Enlightenment and of scientific positivism which has argued that the world can be understood and both "truth" and "justice" can be discovered by applying the universal linear principle of reason (see Milovanovic, who describes the shift from Hegelian to Nietzschean and Lacanian thought). The idea that the application of scientific principles to social life will uncover the laws of society, making human life predictable and social engineering practical and possible, is discounted. Postmodernists argue that this claim for the universality of reason was ethnocentric in that it privileged one Western view of the world while discounting other views (Kiely, 1995: 153-154). and truth claims were part of a relationship of domination, a claim to power. Given the history of colonialism and globalisation in both the physical and the intellectual world, this critique asserts righteous indignation and moral superiority. In postmodernism, "truth" and "falsity" are purely relative; each culture has its own standard for judging truth that is not inherently superior to any other. Postmodernist analysis is a method to uncover how the world is made to appear real, "thereby questioning that it is real in truth or fact, or that there is any way of making such judgements". No truth claim, and certainly not Enlightenment scientism, rests on any more secure foundation than any other. No knowledge claim is privileged.

The main weakness of relativism is that it offers no basis for evaluation. Henry and Milovanovic (1996) posit that all claims are to be considered valid, all social practices merely cultural variations, neither inherently inferior nor superior to any other. This may be potentially progressive because it challenges the absolutist assumptions of the superiority of, for example, Western economics and capitalism. But it does not challenge the status quo. On the contrary, as Kiely (1995: 155) argues, appeals for tolerance and pluralism "at its worse . . . simply ignores, or even becomes an apology for, all kinds of oppressive practices" that violate any sense of human and social rights.

The human subject

The human subject is said to be one or a number of ideological constructions which are transient, multifaceted works-in-process. The discourse has the power to create a convincing truth claim about the reality of any subject that is historically conditioned, particularly when depicting human action. Subjects are continually recreating themselves while simultaneously continually recreating the social context that shapes their identity and potential for action as well as the identity and potential of others to act. Human agents are all "investors" in constructing their version of reality. Praxis is defined as purposive social activity born of human agents' consciousness of their world, and mediated through the social groups to which they belong". It assumes dualistic forms, such as negation/affirmation. Hierarchies are often reconstituted through negation; they are subject to deconstruction through affirmation.

Structure

The human subject is a "role-maker", an agent who can occupy situations and may act contingently in relation to others to affirm or negate their representations. Whereas early conceptions of structure posited an underlying "reality" which could be understood empirically, postmodernism, considers structural contexts to be constituted by the discourse to produce culturally and historically specific representations which are imbued with object-like reality and attain relative stability. In this process, other representations are silenced or denied and the human agency that constituted the contingent and transitory "reality" may be hidden. At any instance, however, certain depictions gain ascendancy and are strengthened by social action which is undertaken in relation to them. Social actors "invest" in these depictions; they organise action to defend specific representations, giving them the appearance of stability and producing the dynamics of subordination and oppression. Social change creates competing discourses and, for a time, alternative realities. When change begins, initial states are always uncertain and through iteration over time, produce outcomes. Inevitably, as change is occurring, cracks and slippage exist, providing the basis for strategic intervention. Action is then organised to defend or deny the representation. In the end, structures as well as subjects possess "relative autonomy" while being co-dependent.

Crime and harmfulness

Crime and the identification of harm are categories constituted by the discourse but they are, nevertheless, "real" in their consequences. There may be harms of reduction, which occur when a social agent experiences a loss of some quality, and harms of repression, which occur when a social agent experiences a restriction preventing the achievement of a desired end. Crime is the outcome of an agent's "investment" in constituting a difference which, through the exercise of "disrespecting" power over others, denies their full humanity and, thereby, renders them powerless to constitute their own differences. Far from being confined to "law", in this expanded view, the exercise of power is the genesis of harms of all types and, hence, of crime. Law merely legitimises existing social relations of power. Crime, then, is a contingent "universality": Victims are numerous but are constituted contingently, relative to historically specifiable relations of power. Power itself is produced and maintained through ideology, through discursive practices. While all humans invest in their respective constructions of reality, some become "excessive investors", conflating socially constructed differences with differential evaluations of worth, reinforcing a social hierarchy while suppressing others' co-production, rendering them silent.

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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.

<span class="mw-page-title-main">Postmodernism</span> Artistic, cultural, and theoretical movement

Postmodernism is an intellectual stance or mode of discourse characterized by skepticism towards scientific rationalism and the concept of objective reality. It questions the "grand narratives" of modernity, rejects the certainty of knowledge and stable meaning, and acknowledges the influence of ideology in maintaining political power. Objective claims are dismissed as naïve realism, emphasizing the conditional nature of knowledge. Postmodernism embraces self-referentiality, epistemological relativism, moral relativism, pluralism, irony, irreverence, and eclecticism. It opposes the "universal validity" of binary oppositions, stable identity, hierarchy, and categorization.

Postmodern philosophy is a philosophical movement that arose in the second half of the 20th century as a critical response to assumptions allegedly present in modernist philosophical ideas regarding culture, identity, history, or language that were developed during the 18th-century Age of Enlightenment. Postmodernist thinkers developed concepts like difference, repetition, trace, and hyperreality to subvert "grand narratives", univocity of being, and epistemic certainty. Postmodern philosophy questions the importance of power relationships, personalization, and discourse in the "construction" of truth and world views. Many postmodernists appear to deny that an objective reality exists, and appear to deny that there are objective moral values.

<span class="mw-page-title-main">Posthumanism</span> Class of philosophies

Posthumanism or post-humanism is an idea in continental philosophy and critical theory responding to the presence of anthropocentrism in 21st-century thought. Posthumanization comprises "those processes by which a society comes to include members other than 'natural' biological human beings who, in one way or another, contribute to the structures, dynamics, or meaning of the society."

<span class="mw-page-title-main">Discourse</span> Field of theory which examines elements of conversation

Discourse is a generalization of the notion of a conversation to any form of communication. Discourse is a major topic in social theory, with work spanning fields such as sociology, anthropology, continental philosophy, and discourse analysis. Following pioneering work by Michel Foucault, these fields view discourse as a system of thought, knowledge, or communication that constructs our experience of the world. Since control of discourse amounts to control of how the world is perceived, social theory often studies discourse as a window into power. Within theoretical linguistics, discourse is understood more narrowly as linguistic information exchange and was one of the major motivations for the framework of dynamic semantics, in which expressions' denotations are equated with their ability to update a discourse context.

<span class="mw-page-title-main">Sociology of knowledge</span> Field of study

The sociology of knowledge is the study of the relationship between human thought, the social context within which it arises, and the effects that prevailing ideas have on societies. It is not a specialized area of sociology. Instead, it deals with broad fundamental questions about the extent and limits of social influences on individuals' lives and the social-cultural basis of our knowledge about the world. The sociology of knowledge has a subclass and a complement. Its subclass is sociology of scientific knowledge. Its complement is the sociology of ignorance.

<span class="mw-page-title-main">Social constructionism</span> Sociological theory regarding shared understandings

Social constructionism is a term used in sociology, social ontology, and communication theory. The term can serve somewhat different functions in each field; however, the foundation of this theoretical framework suggests various facets of social reality—such as concepts, beliefs, norms, and values—are formed through continuous interactions and negotiations among society's members, rather than empirical observation of physical reality. The theory of social constructionism posits that much of what individuals perceive as 'reality' is actually the outcome of a dynamic process of construction influenced by social conventions and structures.

<span class="mw-page-title-main">Constructivism (philosophy of science)</span> Branch in philosophy of science

Constructivism is a view in the philosophy of science that maintains that scientific knowledge is constructed by the scientific community, which seeks to measure and construct models of the natural world. According to constructivists, natural science consists of mental constructs that aim to explain sensory experiences and measurements, and that there is no single valid methodology in science but rather a diversity of useful methods. They also hold that the world is independent of human minds, but knowledge of the world is always a human and social construction. Constructivism opposes the philosophy of objectivism, embracing the belief that human beings can come to know the truth about the natural world not mediated by scientific approximations with different degrees of validity and accuracy.

<span class="mw-page-title-main">Other (philosophy)</span> Concept in philosophy and psychology

Other is a term used to define another person or people as separate from oneself. In phenomenology, the terms the Other and the Constitutive Other distinguish other people from the Self, as a cumulative, constituting factor in the self-image of a person; as acknowledgement of being real; hence, the Other is dissimilar to and the opposite of the Self, of Us, and of the Same. The Constitutive Other is the relation between the personality and the person (body) of a human being; the relation of essential and superficial characteristics of personal identity that corresponds to the relationship between opposite, but correlative, characteristics of the Self, because the difference is inner-difference, within the Self.

Postmodern feminism is a mix of post-structuralism, postmodernism, and French feminism that rejects a universal female subject. The goal of postmodern feminism is to destabilize the patriarchal norms entrenched in society that have led to gender inequality. Postmodern feminists seek to accomplish this goal through opposing essentialism, philosophy, and universal truths in favor of embracing the differences that exist amongst women to demonstrate that not all women are the same. These ideologies are rejected by postmodern feminists because they believe if a universal truth is applied to all women of society, it minimizes individual experience, hence they warn women to be aware of ideas displayed as the norm in society since it may stem from masculine notions of how women should be portrayed.

<span class="mw-page-title-main">Antihumanism</span> Philosophical and social theory, critical of traditional humanism

In social theory and philosophy, antihumanism or anti-humanism is a theory that is critical of traditional humanism, traditional ideas about humanity and the human condition. Central to antihumanism is the view that philosophical anthropology and its concepts of "human nature", "man" or "humanity" should be rejected as historically relative, ideological or metaphysical.

<span class="mw-page-title-main">Critical criminology</span> School of criminology

Critical criminology applies critical theory to criminology. Critical criminology examines the genesis of crime and the nature of justice in relation to factors such as class and status, Law and the penal system are viewed as founded on social inequality and meant to perpetuate such inequality. Critical criminology also looks for possible biases in criminological research.

<span class="mw-page-title-main">Sociological theory</span> Theory advanced by social scientists to explain facts about the social world

A sociological theory is a supposition that intends to consider, analyze, and/or explain objects of social reality from a sociological perspective, drawing connections between individual concepts in order to organize and substantiate sociological knowledge. Hence, such knowledge is composed of complex theoretical frameworks and methodology.

<span class="mw-page-title-main">Integrative criminology</span> Interdisciplinary paradigm

Integrative criminology reacts against single theory or methodology approaches, and adopts an interdisciplinary paradigm for the study of criminology and penology. Integration is not new. It informed the groundbreaking work of Merton (1938), Sutherland (1947), and Cohen (1955), but it has become a more positive school over the last twenty years.

<span class="mw-page-title-main">Left realism</span>

Left realism emerged in criminology from critical criminology as a reaction against what was perceived to be the left's failure to take a practical interest in everyday crime, allowing right realism to monopolize the political agenda on law and order. Left realism argues that crime disproportionately affects working-class people, but that solutions that only increase repression serve to make the crime problem worse. Instead they argue that the root causes of crime lie in relative deprivation, although preventive measures and policing are necessary, but these should be democratically controlled.

Criticism of postmodernism is intellectually diverse, reflecting various critical attitudes toward postmodernity, postmodern philosophy, postmodern art, and postmodern architecture. Postmodernism is generally defined by an attitude of skepticism, irony, or rejection toward what it describes as the grand narratives and ideologies associated with modernism, especially those associated with Enlightenment rationality though postmodernism in the arts may have their own definitions. Thus, while common targets of postmodern criticism include universalist ideas of objective reality, morality, truth, human nature, reason, science, language, and social progress, critics of postmodernism often defend such concepts. It is frequently alleged that postmodern scholars promote obscurantism, are hostile to objective truth, and encourage relativism to an extent that is epistemically and ethically crippling. Criticism of more artistic postmodern movements such as postmodern art or literature may include objections to a departure from beauty, lack of coherence or comprehensibility, deviating from clear structure and the consistent use of dark and negative themes.

Constitutive criminology is an affirmative, postmodernist-influenced theory of criminology posited by Stuart Henry and Dragan Milovanovic in Constitutive Criminology: Beyond Postmodernism (1996), which was itself inspired by Anthony Giddens' The Constitution of Society (1984), where Giddens outlined his "theory of structuration". In this theory, crime is conceived as an integral part of the overall production of society and is a co-production of human agents and the cultural and social structures they continuously create. This theory defines crime as "the harm resulting from humans investing energy in relations of power that denies or diminishes those subject to this investment, their own humanity". From the perspective of constitutive theory, a criminal is viewed as an "excessive investor", while the victim is known as a "recovering subject".

<span class="mw-page-title-main">Criminology</span> Study of crime and criminal actions/behavior

Criminology is the interdisciplinary study of crime and deviant behaviour. Criminology is a multidisciplinary field in both the behavioural and social sciences, which draws primarily upon the research of sociologists, political scientists, economists, legal sociologists, psychologists, philosophers, psychiatrists, social workers, biologists, social anthropologists, scholars of law and jurisprudence, as well as the processes that define administration of justice and the criminal justice system.

<span class="mw-page-title-main">Critical realism (philosophy of the social sciences)</span> Philosophical approach to understanding science

Critical realism is a philosophical approach to understanding science, and in particular social science, initially developed by Roy Bhaskar (1944–2014). It specifically opposes forms of empiricism and positivism by viewing science as concerned with identifying causal mechanisms. In the last decades of the twentieth century it also stood against various forms of postmodernism and poststructuralism by insisting on the reality of objective existence. In contrast to positivism's methodological foundation, and poststructuralism's epistemological foundation, critical realism insists that (social) science should be built from an explicit ontology. Critical realism is one of a range of types of philosophical realism, as well as forms of realism advocated within social science such as analytic realism and subtle realism.

<span class="mw-page-title-main">Anarchist criminology</span> School of thought in criminology

Anarchist criminology is a school of thought in criminology that draws on influences and insights from anarchist theory and practice. Building on insights from anarchist theorists including Pierre-Joseph Proudhon and Peter Kropotkin, anarchist criminologists' approach to the causes of crime emphasises what they argue are the harmful effects of the state. Anarchist criminologists, a number of whom have produced work in the field since the 1970s, have critiqued the political underpinnings of criminology and emphasised the political significance of forms of crime not ordinarily considered to be political. Anarchists propose the abolition of the state; accordingly, anarchist criminologists tend to argue in favour of forms of non-state justice. The principles and arguments of anarchist criminology share certain features with those of Marxist criminology, critical criminology and other schools of thought within the discipline, while also differing in certain respects.

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