Rules, Boundaries and the Courts: Some Problems in the Neo-Durkheimian Sociology of Deviance

Abstract

This paper examines a very simple theme in sociology. It is so simple that it has tended either to be accepted or neglected but very rarely, it seems, critically reviewed. The sociology of crime and deviance concentrates on the problematics of ruling, rule-enforcement and rule-observance, and one of the neo-Durkheimian tenets held by many of its practitioners is that rules are reinforced and revealed in the boundary-defining work of institutions of social control, and in the work of the law courts above all. It is that tenet which is discussed here, principally by examining its empirical claims. It appears that little or no good empirical evidence is available to support the thesis, and that there are major methodological obstacles to its production.