Professional Documents
Culture Documents
of the penal system. The recognition that Associated Concepts: abolitionism, commu-
sanctioning-modalities at the end of the penal nity justice, critical criminology, deconstruc-
chain do not change its punitive, excluding tion, redress, the state
character focused attention on the diversion
of cases in preliminary phases, with the aim Key Readings
of preventing the stigmatizing effects of both
trial and punishment. This phase was fol- Bianchi, H. and van Swaaningen, R. (eds)
lowed by the advocacy of a whole alternative (1986) Abolitionism: Towards a Non-
Repressive Approach to Crime. Amsterdam:
procedural rationale, in which non-punitive
Free University Press.
responses to social problems were promoted,
Cohen, S. (1988) Against Criminology. New
including forms of social crime prevention
Brunswick, NJ: Transaction.
designed to address the structural contexts of de Haan, W. (1990) The Politics of Redress:
crime (de Haan, 1990). Crime, Punishment and Penal Abolition.
Notably, Nils Christie’s and Louk London: Unwin Hyman.
Hulsman’s abolitionist perspectives contain Mathiesen, T. (1974) The Politics of Abolition.
many implicit references to Habermas’s idea London: Martin Robertson.
of the ‘colonization of the lifeworld’. The van Swaaningen, R. (1989) ‘Feminism and
‘decolonization’ of criminal justice’s ‘system abolitionism as critiques of criminology’,
rationality’ is another object of abolition. International Journal for the Sociology of
Though the tension Habermas observes Law, 17 (3): 287–306.
between systems and lifeworlds does not lead Van Swaaningen, R. (1997) Critical Crimi-
him directly to a rejection of the criminal nology – Visions From Europe. London:
justice system, he does argue against the Sage.
degeneration of criminal justice into a state-
instrument of crime control in which the
critical dimension of power is ignored.
Thus, penal instrumentalism is another object
of abolition which can be derived from
ABOLITIONISM
Habermas.
A further aim of abolition is related to the Definition
constitution of moral discourse. In Western, A sociological and political perspective that
neo-liberal societies, values like care and empa- analyses criminal justice and penal systems
thy are delegated to the private sphere and are as social problems that intensify rather than
thereby excluded from public, or political, ethics. diminish crime and its impact. On this basis
These latter ethics are dominated by abstract, prisons (the initial focus of study) reinforce
so-called ‘masculine’ notions such as rights, dominant ideological constructions of crime,
duties and respect, which outrule more sub- reproduce social divisions and distract atten-
jective, contextually determined ‘feminine’ tion from crimes committed by the powerful.
notions such as care and empathy. The domi- Abolitionists advocate the radical transforma-
nance of abstract approaches of rights results tion of the prison and punishment systems
in a morality that is oriented towards a gener- and their replacement with a reflexive and
alized other, whereas a feminist approach is integrative strategy for dealing with these
oriented towards a concrete other. Thus, aboli- complex social phenomena.
tionism also implies the abolition of the ‘mas-
culine’, individualistic, neo-liberal values upon
Distinctive Features
which our penal systems are built (van
Swaaningen, 1989). Liberal approaches to the study of the prison
are built on a number of often competing
and contradictory goals: rehabilitation, gen-
René van Swaaningen eral prevention, incapacitation, punishment
and individual and collective deterrence. within Europe there have also been different
Abolitionism, which emerged out of the strands to the movement with some pointing
social movements of the late 1960s, chal- to the distinct differences between European
lenges these liberal perspectives by arguing and British movements. In Europe early abo-
that in practice the criminal justice system litionists such as Mathiesen, Christie, Bianchi
and prisons contribute little to the protection and Hulsman advocated an alternative vision
of the individual and the control of crime. In for criminal justice politics. Second genera-
the words of the Dutch abolitionist Willem de tion abolitionists – neo-abolitionists – accept
Haan, the prison ‘is counter productive, dif- many of the abolitionist principles, including
ficult to control and [is] itself a major social the rejection of both the concept of crime and
problem’. Crime is understood as a complex, ‘penality as the ultimate metaphor of justice’
socially constructed phenomenon which (van Swaaningen, 1997: 116, 202). However,
‘serves to maintain political power relations British neo-abolitionists such as Box-Grainger,
and lends legitimacy to the crime control Ryan, Ward, Hudson and Sim also advocated
apparatus and the intensification of surveil- engaging in more interventionist work to
lance and control’ (de Haan, 1991: 206–7). develop a ‘criminology from below’, which
At the same time abolitionists are critical
in utilizing a complex set of competing, contra-
of liberals’ unquestioning acceptance of dictory and oppositional discourses, and provid-
prison reform. For abolitionists like Thomas ing support on the ground for the confined and
Mathiesen liberal reform can never have a their families, has challenged the hegemony
positive effect because it reinforces and bol- around prison that has united state servants,
sters the system, thus perpetuating processes traditional reform groups and many academics
of brutalization for the confined. Alternatively, on the same pragmatic and ideological terrain. In
‘negative reforms’ are supported for their a number of areas … such as deaths in custody,
potential to challenge and undermine the prison conditions, medical power, visiting, cen-
system leading eventually to the demise of sorship and sentencing these groups have con-
ceded key points to the abolitionist argument
prisons. Abolitionists advocate a system that
and have moved onto a more radical terrain
deals with crime as a socially constructed where they too have contested the construction
phenomenon. Crime should be responded to of state-defined truth around penal policy. (Sim,
not by the negativity of a system built on 1994: 275–6)
punitive exclusion but by a reflexive and par-
ticipatory system of inclusion built on redress,
Evaluation
social policy, mutuality and solidarity: ‘The
aim is compensation rather than retaliation; In light of the huge increase in prison popula-
reconciliation rather than blame allocation. tions around the globe and the continuing
To this end, the criminal justice system needs rise in both reported crimes and crimes
to be decentralized and neighbourhood courts audited in victimization and self-report studies,
established as a complement or substitute’ abolitionism offers an important series of
(de Haan, 1991: 211–12). Abolitionism there- insights into the role of the prison and its
fore ‘implies a negative critique of the funda- failures at the beginning of the twenty-first
mental shortcomings of the criminal law to century. The perspective continues to pose
realize social justice’, while simultaneously the key question: is prison the answer to the
offering both an alternative way of thinking problem of crime, even allowing for an
about crime and a ‘radical approach to penal expanded definition to include crimes com-
reform’ (van Swaaningen, 1997: 117). mitted by the powerful?
It is also important to note that abolition- There have been a number of issues raised
ism is not an homogeneous theoretical and and criticisms made of the abolitionist posi-
political movement but one that varies across tion. Most have come from those who, like
cultures. Not only has it been principally a abolitionists, would see themselves as part of
European phenomenon (Davies, 1998), but a theoretical and political tradition that was
on the critical wing of politics and social sci- In addition they would argue further that
ence. Left realists would criticize abolitionists dangerousness is a social construction in that
for their idealism and for their ‘anarcho com- there is a range of behaviours that can have
munist position’ which is ‘preoccupied with immense implications for individual and
abolishing or minimizing state intervention group safety but which are rarely, if ever,
rather than attempting to make it more effec- labelled dangerous. The non-implementation
tive, responsive and accountable’ (Matthews, of health and safety laws would be an exam-
1990, cited in Sim, 1994: 265). ple of this. Finally, abolitionists would sug-
Abolitionists would reject the charge of gest that the distinction between normal and
idealism and as noted above would point to abnormal, which lies at the heart of positivist
the influence that they have had on a number thought, and which dominates debates about
of political debates and social policies in violence and dangerousness, is also problem-
terms of making the state more accountable. atic. They would point to the killings carried
For example, the issue of deaths in custody out by, and the non-prosecution of, the ‘nor-
which became a major political debate in the mal’ men who murdered hundreds of inno-
UK in the 1980s and 1990s not only involved cent men, women and children in Vietnam in
individuals who were part of the abolitionist 1968 as an example of the social construction
movement; it also had a significant hegem- of dangerousness. This crime took place 15
onic impact on liberal reform groups by pull- months before the infamous Manson mur-
ing them onto a more radical and critical ders in the USA. This latter case has become
terrain in terms of demanding political action deeply embedded in popular and political
to deal with the devastating impact of these consciousness while the former case has
deaths on the families and friends of the largely been forgotten.
deceased (Sim, 1994). Abolitionists would At another level, Angela Davies (1998:
also say that the problem with criminology is 102–3) has argued that while the European
that it suffers from too little utopian and ide- abolitionist tradition has offered many impor-
alistic thought rather than too much. tant insights into the nature of the prison,
Feminist writers have also drawn attention ‘there is no sustained analysis of the part
to the problem of violent men and what anti-racism might play in the theory and prac-
should be done to protect women from the tice of abolitionism’. This is particularly
predations of, for example, men who rape. important when it is recognized that prison
This raises the broader question of danger- populations around the world contain a dis-
ousness and the nature of the response that is proportionate number of people who are
needed to deal with dangerous individuals. drawn from ethnic minority backgrounds.
What, for example, do we do with those who For the future, abolitionists have increas-
engage in serial killing and who are over- ingly connected with the emerging discourses
whelmingly men? Abolitionists would agree and debates around human rights and social
that violence against women is a major issue justice which they see as mechanisms for
across societies which should be taken and developing negative reforms, thereby promot-
responded to seriously, but would also main- ing a response to social harm that is very
tain that simply confining violent men inside different from the destructive prison and
can often only mean detaining them in insti- punishment systems that currently exist.
tutions where the pervasive culture of mascu-
linity is likely to reinforce misogynist views
around male power and women (Sim, 1994). Joe Sim
Therefore they would say that the nature of
the institutions and the broader culture which Associated Concepts: abolition, critical crim-
objectifies women and equates heterosexual- inology, hegemony, left idealism, redress,
ity with domination and power need to be social constructionism, social justice, the
addressed. state
Eugene McLaughlin
Evaluation AETIOLOGY
Such situational crime prevention policy initia-
tives lend themselves to evaluation for effec- See: Causation
tiveness and this has enabled administrative
criminologists to develop evidence-based,
problem-solving approaches to crime reduction.
Administrative criminology’s other concern is
to reorganize the state’s crime control efforts in ANARCHIST
order to make these as efficient, effective and CRIMINOLOGY
focused as possible. It has no particular senti-
mental attachment to the criminal justice sys- Definition
tem and is willing to advocate managerialization,
actuarialization and privatization. Anarchism is one of the most difficult political
By the end of the 1990s administrative ideologies to conceptualize and define, primarily
criminologists had become increasingly because there is no single anarchist ideology and
sophisticated in formulating and defending because of the degree of misrepresentation by its
their perspective, going so far as to present political opponents. It is a meeting place for a
‘opportunity’ as a ‘root cause’ of crime. bewildering number of philosophies, belief sys-
tems and practices and originated as a reaction
to the emergence of the nation state and capital-
Eugene McLaughlin ism in the nineteenth century. Anarchists are
united, first and foremost, by a belief that the state
Associated Concepts: actuarialism, crime sci- is coercive, punitive, exploitative, corrupting and
ence, experimental criminology, managerial- destructive. Alternative forms of mutual aid and
ism, opportunity theory, public criminology, voluntary organization that are non-authoritarian,
rational choice theory, routine activity theory, non-coercive, non-hierarchical, functionally spe-
situational crime prevention cific and decentralized are advocated.
Kropotkin argues that law is useless and harm- v the basis to develop both libertarian and
ful, sustaining mass criminality and generating communitarian criminologies.
social pathologies. Laws protecting private prop-
erty and the interests of the state are responsible Jeff Ferrell (1995: 106) sums up the possibili-
for generating between two-thirds and three- ties of anarchist criminology: ‘At its best,
quarters of all crime. The body of criminal law anarchism and the process of justice that
that is geared towards the punishment and pre- flows from it constitute a sort of dance that
vention of ‘crime’ does not prevent crime and we make up as we go along, an emerging swirl
degrades society because it fosters the worst of ambiguity, uncertainty, and pleasure. Once
human instincts and obedience to the status quo you dive into the dance, there are no guarantees –
and bolsters state domination. only the complex rhythms of human interac-
Kropotkin insists that the majority of crime tion and the steps that you and others invent
will disappear the day private property ceases in response. So, if you want certainty or
to exist and human need and cooperation authority, you might want to sit this one out.
rather than profits and competition become As for the rest of us: start the music.’
the organizing principle of social life.
Alternative forms of social solidarity and
inclusive notions of social justice, rather than Eugene McLaughlin
state-run systems of criminal justice and the
fictional ‘rule of law’, can contain anti-social Associated Concepts: abolitionism, left ideal-
behaviour. Here, there are obvious links to the ism, peacemaking criminology, the state
core principles underpinning abolitionism,
left idealism and peacemaking criminologies. Key Readings
Anarchists would deny that their vision
relies on disorder, violence and lawlessness. Ferrell, J. (1995) ‘Anarchy against the disci-
pline’, Journal of Criminal Justice and
However, the belief that anarchism originates
Popular Culture, 3 (4): 86–106.
in everyday struggle rather than abstract theo-
Ferrell, J. (1999) ‘Anarchist criminology and social
rizing leads to the advocacy of direct or crea-
justice’, in B.A. Arrigo (ed.), Social Justice/
tive action and ‘propaganda by deed’. The Criminal Justice. Belmont, CA: Wadsworth.
resultant protest and resistance tactics and Kropotkin, P. (1996) ‘Law and authority’, in
set-piece confrontations which are vital to the J. Muncie, E. McLaughlin and M. Langan
renewal of theory and practice bring anarchist (eds), Criminological Perspectives: A Reader.
groups into confrontation with the forces of London: Sage.
law and order and they thus risk potential Tifft, L.L. (1979) ‘The coming re-definitions
criminalization. It is in this moment that the of crime: an anarchist perspective’, Social
stereotypical representation of the nihilistic Problems, 26: 392–402.
anarchist is conjured up in the news media.
Evaluation
Anarchist theory provides criminologists with: ANIMAL ABUSE
v an uncompromising critique of law, power
Definition
and the state;
v the promise of un-coercive social relationships; Any act that contributes to the pain, suffering
v the possibility of alternative forms of dis- or unnatural death of an animal or otherwise
pute settlement and harm reduction; threatens its welfare. Animal abuse may
v a form of political intervention that may be be physical, psychological or emotional; may
appropriate to an increasingly complex and involve active maltreatment or passive
fragmented world where conventional forms of neglect or omission; and may be direct or
politics are becoming increasingly redundant; indirect, intentional or unintentional.
10
11
of labour. Humans are motivated by the pur- economic crisis, either dramatic increases in
suit of pleasure and the satisfaction of desire prosperity or disasters, anomie may become
and they attain happiness when their possi- the normal state of being: ‘greed is aroused
bilities for satisfying desire are not at odds without knowing where to find its ultimate
with the social realities of the division of foothold. Nothing can calm it, since its goal is
labour. But what happens when the cultural far beyond all it can attain. Reality seems
regulation of desire breaks down and desire valueless by comparison with the dreams of
is released as a mobile, infinite capacity tran- fevered imaginations; reality is therefore
scending the limitations on satisfaction inherent abandoned, but so too is possibility when it in
in any division of labour? turn becomes reality: A thirst for novelties,
In his doctoral thesis, first published in unfamiliar pleasures, nameless sensations, all
1893, Durkheim argued that the conse- of which lose their savour once known’
quences of anomie, or the failure of moral (Durkheim, 1984: 254).
regulation, were clear in So what was the solution to this state of
anomie? While Durkheim personally argued
the continually recurring conflicts and disorders
that the solution to the normative deregulation
of every kind, of which the economic world offers
so sorry a spectacle. For, since nothing restrains
causing anomie could not be the imposition
the forces present from reacting together, or of normative restructuring through violence
prescribes limits to them that they are obliged to and the manipulation of cultural symbols –
respect, they tend to grow beyond all bounds, the solution that both fascism and state
each clashing with the other, each warding off Stalinism were later to offer – he bequeathed
and weakening the other … Men’s passions are few theoretical tools for integrating studies
stayed only by a moral presence they respect. If of culture, class and perceptions of social
all authority of this kind is lacking, it is the law of ‘reality’. The understanding of anomie
the strongest that rules, and a state of warfare, which was to be developed within criminol-
either latent or acute, is necessarily endemic.
ogy was constrained by its centrality to the
(Durkheim, 1984: xxxii–xxxiii)
middle range theorizing of Robert Merton
Durkheim thus explicitly reverses Hobbes’s (1938).
picture of ‘the war of all against all’ inherent Writing shortly after the social democratic
in the state of nature. Whereas for Hobbes compromise of the ‘new deal’, Merton identi-
this was the purely natural or pre-social state, fied the key cultural message of modernist
which humans overcome by creating a power- American culture as the ‘success’ goal, in
ful sovereign to lay down definitions of mean- particular ‘money-success’. A ‘strain to
ing (laws) and enforce obedience, Durkheim anomie’ resulted from a disjuncture between
places this state of social war and crime as a cultural goals and legitimate means of
product of society, a result of the breakdown achievement. Specifically, the new technolo-
of moral regulation. Modernity is character- gies of advertising put forward a cultural goal
ized by increasing individualism, by an auton- of economic affluence and social ascent, but
omy of thought and action, but this autonomy individuals, differentially positioned in the
is dependent upon greater interdependency social structure, understood that the institu-
in the division of labour and increased com- tionally available means may or may not
plexity within the collective consciousness: enable personal success. Whilst the majority
‘liberty itself is the product of regulation’. The of Americans may ‘conform’ others might
task for ‘advanced societies’ was to achieve a ‘innovate’ – by accepting the cultural goal but
balance between the functions of the division rejecting the institutionally available means.
of labour, law and culture, ‘the conditions Particularly for those located in the lower
that dominate social evolution’. With the old reaches of the social structure, crime could
certainties disappearing, the individual finds therefore be a reaching for the American
him- or herself without a secure footing dream, albeit sought through illegitimate
in reality, and anomie threatens. In times of channels. Merton’s theory was further developed
12
13
14
and personality disorders amongst young against ASB, reiterating its contractual model
offender groups. Treatment-based approaches of inclusion and social responsibility. This was
for delinquency fell foul of complaints about followed, later in the year, by the Anti-Social
‘net-widening’ although precisely the same Behaviour Act which established a new, Home
complaint could be made of anti-social behav- Office-led Together campaign to develop a
iour enforcement actions today. Rather than national ASB action plan. The use of Acceptable
severing them, early interventions make con- Behaviour Contracts and ASBOs was to be
nections between ASB and later criminality. promoted while new powers, such as Closure
Intervening early to ‘nip crime in the bud’ Notices (for premises used in drug-dealing)
intensifies the processes of scrutiny and sur- and Curfews and Dispersal Orders (to disperse
veillance to which young people are subjected. congregations of young people causing fear
To use a fishing analogy, wider nets with thin- and alarm in residential areas), were also
ner mesh mean catching more. Newer propos- introduced. As in the case of ASBOs, the
als envisage allowing a wider range of persons promise of quicker and easier enforcement
(including parish councils and community undoubtedly has some appeal to police and
panels) to initiate (or nominate young people complainants alike but misgivings have been
for) ASBO (Anti-Social Behaviour Order) pro- voiced about the increasingly discretionary
ceedings. Therefore, to develop the analogy, enforcement that may result. For example, the
there will also be more people fishing. police have always ‘moved on’ young people
That this was precisely the intention behind causing a nuisance and Dispersal Orders may
the government’s ASB strategy in England and chiefly represent the formalization and rea-
Wales may be gleaned from comments in a lignment of the law around existing police
Home Office report on ASBOs. The early practices. The government, by contrast, con-
1990s witnessed a rising tide of complaints cerned that some Crime and Disorder
about the policing of youth-related crime and Reduction Partnerships were not taking the
disorder. Official strategies favouring diversion threat of ASB seriously enough, also announced
were increasingly discredited as a misguided that it would be looking for improvements in
liberal tolerance that was preventing the police performance by despatching ‘ASBO ambassa-
from responding forcefully and effectively. dors’ from areas considered to be working
The view then developed that an ‘enforcement well to those judged to be underperforming.
deficit’ had emerged, with young people Yet ASB has another history, one that is
apparently able to flout the law with impunity often overlooked in the ever-decreasing circles
and engage in acts of anti-social behaviour ‘in of contemporary problem analysis, opinion
the full knowledge that there were few crimi- polling and impact evaluation that have
nal sanctions that could touch them’. This situ- become so central a feature of modern govern-
ation often caused great frustration: ‘anti-social ance. At the end of World War II, Hermann
behaviour is often used as a synonym for prob- Mannheim (1946) discussed ASB, seeing it as
lems with young people’ (Campbell, 2002). In a series of harms perpetrated against the com-
the first 30 months following the 1998 Crime munity and contrary to the spirit and pur-
and Disorder Act, three-quarters of the ASBOs poses of social reconstruction. He specifically
in England and Wales were issued for people referred to ‘profiteering’ and the non-payment
under 21 years of age. of taxes, not simply the breach of criminal
Although it was originally envisaged that laws. In due course, mainstream criminology
each year up to 5000 ASBOs would be handed rather declined this more radical and expansive
out, even after five years the overall total had agenda but now seems more willing to pick
not reached 2500. Nevertheless the govern- up the issue. Compared with today’s concep-
ment appeared to be convinced of the merits tion of ASB, however, Mannheim’s perspec-
of this ‘quicker and easier’ approach to ASB tive raises two key issues. First, during times
enforcement. In 2003 it published a White of rapid social change (post-war Britain and
Paper, Respect and Responsibility: Taking a stand today’s late modernity) it may be necessary to
15
assert the values of community and social studies’ by Matza (1969) to refer to specific
inclusion more forcefully. However, second, studies of deviant subcultures such as those of
anti-social behaviour is not solely the preserve the hobo, the juvenile gang, the drug-taker.
of the poorest or the young. Such studies are characterized by observing,
sometimes by participation, the social world
of deviants with a view to producing an appre-
Peter Squires
ciative account of the deviant’s own story in
his or her own terms. Theoretically, apprecia-
Associated Concepts: ‘broken windows’, com- tive criminology is influenced by the interac-
munitarianism, community policing, com-
tionist perspective which developed in social
munity safety, deviance, juvenile justice, net
psychology and sociology in the 1930s and
widening, social capital, zero tolerance
which received further impetus in the 1960s
and 1970s, for example in connection with
Key Readings new deviancy theory. Interactionism offers an
Campbell, S. (2002) A Review of Anti-Social alternative to positivist ways of thinking about
Behaviour Orders, Home Office Research crime and criminality. Amongst other things,
Study 236. London: Home Office. positivism started from assumptions such as:
Flint, J. (2002) ‘Social housing agencies and there are categories of individuals who are
the governance of anti-social behaviour’, criminal and who have characteristics which
Housing Studies, 17 (4): 619–37. clearly distinguish them from non-criminals;
Mannheim, H. (1946) Criminal Justice and the explanations for criminality lie in indi-
Social Reconstruction. London: Routledge vidual pathologies; such pathologies are the
& Kegan Paul. causes and determinants of criminality.
Squires, P. and Stephen, D. (2005) Rougher Instead, interactionism offers a framework
Justice: Young People and Anti-Social which emphasizes human choice and free will
Behaviour. Cullompton: Willan. rather than determinism; a view of crime and
Tonry, M. (2004) Punishment and Politics: Evidence deviance as something which is generated in
and Emulation in the Making of English Crime interactions rather than as a characteristic of
Control Policy. Cullompton: Willan. individual backgrounds; and an assumption
Wilson, J. and Kelling, F. (1982) ‘Broken
that social action and the social world are flex-
windows – the police and neighbourhood
ible, changing and dynamic rather than fixed,
safety’, Atlantic Monthly, 249 (3): 29–38.
objective and external. Above all, appreciative
studies took from interactionism the notion
that there can be variability of meanings in
social contexts and in society in general,
APPRECIATIVE rather than consensus. The aim of apprecia-
CRIMINOLOGY tive studies was, and is, to describe, under-
stand and appreciate the social meanings and
interpretations which categories of individu-
Definition als attribute to events, contexts and others’
An approach that seeks to understand and actions. Such studies are epitomized in the
appreciate the social world from the point of title of Howard Parker’s (1974) book View from
view of the individual, or category of indi- the Boys, a study of male juvenile gangs in
vidual, with particular reference to crime and Liverpool based on the perspectives of the
deviance. gang members themselves.
Methodologically, appreciative studies have
been influenced by the ethnographic tradition
Distinctive Features
in social research. Ethnography, which liber-
The designation ‘appreciative criminology’ ally means description (‘graphy’) of cultures
owes much to use of the term ‘appreciative (‘ethno’), has its roots in social anthropology
16
and the study of pre-industrial societies. particular slant towards the process of label-
Subsequently it has been adapted to the ling. For example, Howard Becker’s (1963)
examination of subcultures in complex society. study of marijuana smokers was influential
Ethnography has a number of methodological in generating a greater concern with the ways
commitments which make it especially appro- deviant and non-deviant worlds meet and
priate to appreciative studies of deviant sub- interact rather than with their separation.
cultures using an interactionist framework. This was part of the emergence of labelling
First, there is a commitment to studying the theory as a radical response to the predomi-
social world from the point of view of the nance of positivist conventional criminology.
individuals being studied. Second, it is Becker was not interested in asking questions
assumed that there can be a multiplicity of about the causes of smoking marijuana;
perspectives rather than just one, and also that instead he focused on the question of how
each is equally valid for the people who hold and why marijuana users come to be defined
them. Third, social perspectives (and the and labelled as deviant. This involved look-
social meanings, definitions, labels and ster- ing at interactions between the would-be
eotypes which comprise them) cannot be deviant and the agencies of social control.
separated from social interactions. Therefore,
particular attention should be paid to the ways
in which people interact in specific social con- Evaluation
texts. Fourth, there is a belief that such obser- The critiques that can be levelled at apprecia-
vation should be naturalistic; that is, individuals tive criminology are those which, in terms of
should be studied behaving as they would theory, can be levelled at interactionism, and
normally and naturally do so. It is for this which, in terms of methodology, can be
reason that ethnographers often rely on par- directed at ethnography. For example, expla-
ticipant observation although that is not the nations of crime and deviance that are
only form of data collection used. grounded in interactions in small-scale con-
The Chicago School of Sociology of the texts run the risk of neglecting wider social
1920s and 1930s was a source of classic structural dimensions of power, inequality
appreciative studies. Researchers adapted and oppression (although for some a synth-
some of the techniques of social anthropolo- esis based on theorizing at different levels
gists to study the subcultures of crime within is feasible). Methodologically, ethnographic
their city (in addition to using a statistical studies endure the criticisms that they lack
analysis of crime rates to map zones of the generalizability to wider contexts and – being
city). They produced books with titles such as reliant on the deviants themselves for data –
The Jack Roller (Shaw, 1930), The Hobo are not scientific or objective. There is also
(Anderson, 1923) and The Gang (Thrasher, the possibility that taking an appreciative
1927). There was particular emphasis on the stance is synonymous with glorifying the
transitional zone of the city with indicators of criminal. This does not find sympathy with
social disorganization such as a high turnover those who emphasize the need to face up to
of population, poor housing and a high inci- the reality of crime and the consequences of
dence of crime. it for victims.
Appreciative studies captured the culture Such criticisms apart, appreciative studies
of crime in this zone and also the mecha- have provided a rich vein within criminology
nisms by which this culture was transmitted. and have also described and explained crimi-
In doing so, the Chicago sociologists empha- nal and deviant subcultures which would not
sized the distinctiveness of the deviant sub- otherwise have been made visible by other
cultures and their separation from mainstream theoretical and methodological approaches.
society. In the 1960s and 1970s there was a
resurgence of ethnographic studies, linked to
an interactionist framework, but with a Victor Jupp
17
Associated Concepts: Chicago School of UK, it is extremely hard to verify the actual
Sociology, cultural criminology, ethnography, extent of art theft because it is recorded
interactionism, labelling, new deviancy theory, under the wider categorization of property
participant observation, subculture crime. Large figures serve to highlight the
crime, but they also confuse our understand-
Key Readings ing as they bring together numbers from dis-
parate types of art crime. However, in spite of
Andersen, N. (1923) The Hobo: The Sociology contentious figures and a lack of empirical
of the Homeless Man. Chicago: University
evidence, it is clear that day-to-day criminal
of Chicago Press.
acts are endemic and involve huge sums.
Becker, H. (1963) Outsiders: Studies in the
Various types of people participate in art
Sociology of Deviance. New York: The Free
crime, such as insiders, conmen, art connois-
Press.
Matza, D. (1969) Becoming Deviant. Engle- seurs, the psychologically challenged, the
wood Cliffs, NJ: Prentice–Hall. politically motivated, opportunists, organized
Parker, H. (1974) View from the Boys. Newton criminals, governments, the military and art-
Abbot: David and Charles. ists. Though the disparate types of art crime
Shaw, C.R. (1930) The Jack Roller. Chicago: pose very different challenges, the threat usu-
University of Chicago Press. ally centres on money. The transnational
Thrasher, P.M. (1927) The Gang. Chicago: nature of the crime is highlighted by the fact
University of Chicago Press. that much stolen art passes through the
hands of criminal gangs in countries other
than from where the art was stolen. This is
significant because criminals are using art
ART CRIME and antiques to fund crime internationally.
Encapsulating the challenges faced by
modern securitization and policing networks,
Definition art crime requires specialization, expertise
As with the art world, art crime is difficult and resources. These frequently violent
to define. Comprising numerous illicit activi- crimes are often met by a lack of public
ties and grey areas of the law, it involves police attention. With a few exceptions (such
criminal acts that range from theft (including as that of Italy which has a large, well-
looting), damage (iconoclasm), deception manned unit or France and Germany which
(fakes, forgeries, fraud, and ransom) and traf- have services managing national databases),
ficking, to graffiti. in most countries it is a marginalized area of
public policing. For example, in the UK, the
Metropolitan Police Service’s Art and
Distinctive Features
Antiques Unit, in spite of a history of success,
Lacking regulation, the art world is fluid and lacks staff and only has jurisdiction over
its organizational basis creates the flows that London.
help amplify it into one of immense value. The prevention and detection of art crime
Globally, the cultural economy and heritage have a complex matrix of security providers.
are characterized by huge worldwide sales As with many spaces in modern society,
and very large visitor numbers for art dis- within the locations where art is displayed or
plays. In London alone, eight museums now stored, it is often private security technical
have more than a million visitors annually. staff that ‘do’ this security inside ‘security
A lack of evidence means that the often- bubbles’. In some large cities (particularly
regurgitated figure that globally art crime is capitals), this security can be ‘public’ owing
worth billions of pounds should be treated to the large amount of state run locations that
with caution as it is very difficult to substan- own and display art. Overall, a range of peo-
tiate (www.interpol.com). For example, in the ple will be involved in the securitization and
18
policing of art, including onsite security per- protected or sold to general acclaim. To achieve
sonnel (and other staff), art installers, trans- a proper understanding of art crimes, the dif-
portation companies, the owners, government ferent types must not be amalgamated together
agencies (including ministries of culture and as they pose very different challenges.
customs), the public police, private detec- The large emphasis on risk management
tives, private security companies and consul- and the prevention of crime by security and
tancies, lawyers, the insurance industry, policing nodes, particularly insurance compa-
surveyors and loss adjusters working for nies, shows the preventative measures to be
insurance companies, databases and Interpol. more important than either recovery or the
criminal involved. Among these are situational
crime prevention (especially the use of technol-
Evaluation
ogy), environmental design, the use of data-
While researching art crime in 1994, Conklin bases, documenting the objects, and buyers
found very little social scientific research and being self-responsible. This highlights the
relied largely on media sources. A decade later, cross-disciplinary nature of research into these
Mackenzie (2005) found the situation had crimes, with criminology, law, architecture
hardly changed. There is now more available and geography all being involved. However, in
literature, both factual and fictional; however, spite of the preventative measures, many loca-
while there is criminological research this often tions are still vulnerable to crimes involving
centres on specific areas. For instance, academ- fakes, forgeries and criminal damage, and also
ics such as Mackenzie, Polk, Bowman, and to different types of theft (such as looting
Lane et al. have focused much of their research where the technological advances coupled
on the area of looting and the entrance of stolen with the economic hardships of some people in
objects into the art/antiquity market. Research the source countries make the crime attractive,
from the legal perspective provides a valuable even if those committing the original crime are
source of information, particularly as different ultimately being exploited: see Bowman 2008).
legal systems (e.g., in the UK and USA com- With the transnationality of many art crimes
pared to France and Italy) affect policing and and securitization and policing having to
security measures owing to differing ownership involve a range of agencies both nationally and
laws concerning good-faith purchases. internationally, the crucial question is less
Criminologists have a crucial role both in about who is best suited to undertake the secu-
broadening our general understanding of dif- rity, and more about how different people (with
ferent art crimes and in undertaking specific their range of motivations and interests) can
policy-based research. But how art crime is work together to produce the most effective
understood poses difficult questions. For preventative security (as well as investigations
example, the ownership or provenance of a and recoveries), and, crucially in neo-liberal
work of art can be contentious. An artwork terms, one by which they all benefit. The insur-
might also have an elaborate history that is ance companies are central to the security
linked either directly or indirectly with crime; terrain. Fluidity in the art world creates profits
from being originally looted or stolen from and, in line with Ewald’s (1991: 208) view that
another location, involved as a fake or forgery, ‘insurance allows enterprise’, insurance is the
or the victim of damage, turning up in a drug driving force behind institutions taking ‘risks’
deal, to being part of a ‘reward’ that is uncom- such as putting on blockbuster exhibitions with
fortably close to a ransom. The grey area of loans of artworks moving around the world
the art world is exemplified by some looted art (even after previous thefts during loans) and
and antiquities now being viewed as licit, and handling the security of this art. The ownership
also by the ways that pieces are ‘authenti- of huge amounts of art by states also means
cated’ by the art world (Bowman, 2008). that governments can be very involved as well.
Furthermore, an artwork, such as a graffiti In the UK, while not purchasing insurance, the
mural, can start life as a crime but then be state follows a similar model both for creating
19
flows of art (with the consequent ‘risk’) and for Lane, D., Bromley, D., Hicks, R. and
securing its art and that which is deemed to be Mahoney, J. (2008) ‘Time crime: the
shown in the public interest. transnational organisation of art and
Different criminological theories have antiquities theft’, Journal of Contemporary
been used to try and understand art crime. Criminal Justice, 24 (3): 243–262.
For example, Conklin (1994), Mackenzie Mackenzie, S. (2005) Criminal and Victim
(2005), Polk (1999) and Lane et al. (2008) have Profiles in Art Theft: Motive, Opportunity
used Routine Activity theory in their work. and Repeat Victimisation. Available at
The basic features of this theory exist in http://ssrn.com/abstract=1003988
many art crimes. This reflects a crime science Polk, K. (1999) ‘Who wins and who loses
focus; however, it is important not to ignore when art is stolen or forged?’ Paper pre-
the criminality aspects, particularly those sented at the Art Crime: Protecting
concerning the people who perpetrate the dif- Art, Protecting Artists and Protecting
ferent stages of the crimes. Other theories Consumers Conference, convened by the
include flag effect (Conklin, 1994; Mackenzie Australian Institute of Criminology, Sydney,
2005), target hardening (Polk, 1999), and cog- 2–3 December.
nitive mapping theory (Mackenzie, 2005).
Art is one of the few remaining unregulated
fields and is also a world that has problems deal-
ing with thieves within it. The contemporary AUTHORITARIAN
relevance of different art crimes to criminology
is clear. Its fluid threat, exemplified by the theft POPULISM
of sculptures when prices for certain metals
rise, encapsulates the challenges posed by Definition
profit-driven criminals and transnational crime
Conceptualized as an essential aspect of how
to the locations in which art is kept and, also, to
social democratic states and their institutions
the many varied public sector and private agen-
respond to crises within advanced capitalist
cies and stakeholders involved in the securit-
political economies, authoritarian populism
ization and policing of art around the world.
explains how increasingly repressive punitive
laws and sanctions gain popular legitimacy. This
mobilization of state power aims to manage
John Kerr
consent, organize regulation and secure hegem-
ony through an increasingly authoritarian polit-
Associated Concepts: corporate crime, glo- ical agenda derived from political disaffection
balization, hidden crime, opportunity theory, and discontent. It reaffirms reactive and reac-
organized crime, routine activity theory tionary discourses established around the ‘col-
lapse’ of democracy, the ‘breakdown’ in law and
Key Readings order, the ‘militancy’ of the unions, the ‘decline’
in moral values and so on. These discourses are
Bowman, B.A. (2008) ‘Transnational crimes
exploited through political and media ‘cam-
against culture: looting at archaeological
paigns’, thus generating ‘moral panics’ within
sites and “grey” market in antiquities’,
popular discourse and social reaction.
Journal of Contemporary Criminal Justice,
24 (3): 225–242.
Conklin, J. (1994) Art Crime. Westport, CT: Distinctive Features
Praeger. Basing his analysis on the proposition that ‘state-
Ewald, F. (1991) ‘Insurance and risk’, in monopolized physical violence permanently
G. Burchell, C. Gordon and P. Miller (eds), underlies the techniques of power and mecha-
The Foucault Effect: Studies in Governmentality.
nisms of consent’ within Western capitalist
Chicago: University of Chicago Press.
democracies, Poulantzas (1978: 81) claimed that
20
during the 1970s a new form of state had For Hall et al. (1978: 317–20) the ‘crisis’ that
emerged: ‘authoritarian statism … intensified was ‘policed’ through the gradual develop-
state control over every sphere of socio-economic ment of legitimate coercion comprised four dis-
life combined with radical decline of the institu- tinct elements: a crisis of and for British
tions of political democracy and with draconian capitalism; a crisis of the ‘relations of social
and multiform curtailment of so-called “formal” forces’ derived in the economic crisis; a crisis of
liberties’ (1978: 203–4). Repressive measures the state in mobilizing popular consent for
depended on the actual exercise of state- potentially unpopular socio-economic strategies;
sanctioned violence and, significantly, on its a crisis in political legitimacy, in social authority,
internationalization through ideological accept- in hegemony; and the imposition of ‘social author-
ance or, for those who opposed the rise of ity’ and societal discipline. The authors identi-
authoritarianism, through mechanisms of fear. fied the collapse of postwar social-democratic
For Stuart Hall, Poulantzas had made a defin- consensus and the consolidation of New Right
ing contribution to the critical analysis of the ideology as a fundamental shift in the balance
‘exceptional shifts’ towards authoritarianism of social forces – from consent to coercion –
within Western social democracies. Yet he also inherent within social democracies; a shift they
felt that Poulantzas had misread the strategy of characterized as the emergence of an excep-
anti-statism prevalent within the radical right – a tional form of the capitalist state.
strategy representing itself as anti-statist to win Further expanding the thesis, Hall (1979:
popular support while disguising the reality of 19) proposed that the ‘language of law and
honing state centralism. More importantly, order is sustained by moralisms … where the
Poulantzas had neglected the purposeful and great syntax of “good” versus “evil”, of civi-
orchestrated construction and manipulation of lized and uncivilized standards, of the choice
popular consent. Herein lay the essence of Hall’s between anarchy and order constantly divides
claim for authoritarian populism: ‘harness[ing] the world up and classifies it into its appointed
… support [of] some popular discontents, stations’. By appealing to ‘inherent’ social
neutraliz[ing] opposing forces, disaggregat[ing] values and evoking an overarching moral
the opposition and incorporat[ing] some strategic imperative, law and order rhetoric appealed to
elements of popular opinion into its own hege- a collective common sense, ‘welding people to
monic project’ (Hall, 1985: 118). that “need for authority” … so significant for
Hall’s response to, and development of, the Right in the construction of consent to its
Poulantzas’s thesis emerged from his work authoritarian programme’. Populism, however,
with colleagues at the Centre for Contemporary was not simply a ‘rhetorical device’: it oper-
Cultural Studies, Birmingham, UK, during the ated on ‘genuine contradictions’ and reflected
1970s. In their exhaustive analysis of the ‘cri- a ‘rational and material core’ (1979: 20).
sis’ in the UK political economy, Hall et al. Hall (1980: 3) considered the ‘drive’
(1978: 303) identified ‘deep structural shifts’ towards a ‘more disciplinary, authoritarian
which had resulted in ‘the extension of the kind of society’ to be ‘no short-term affair’.
law and the courts at the level of political It embodied a ‘regression to a stone-age
management of conflict and the class strug- morality’ promoted by politicians, together
gle’. As the state had become more directly with, in popular discourse, ‘a blind spasm of
interventionist within the economy, establish- control: the feeling that the only remedy for
ing the foundation for capitalist reconstruc- a society which is declared to be “ungovern-
tion through the libertarianism of the able” is the imposition of order, through a
‘free-market’, it became both necessary and disciplinary use of law by the state’. Thus,
‘legitimate’ for ‘public opinion to be actively the ‘shift “from above” [was] pioneered by,
recruited in an open and explicit fashion in harnessed to and, to some extent, legiti-
favour of the “strong state” … [characterized mated by a popular groundswell below’, a
as] the ebb and flow of authoritarian populism populism exemplified by ‘a sequence of
in defence of social discipline’ (1978: 304–5). “moral panic”’ (Hall, 1985: 116).
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