Abstract
As Gouldner and Fredrichs have recently pointed out, social science generally, and sociology in particular is in the throes of a “paradigm revolution.” Predictably, criminology is both a reflection of and a force behind this revolution. The energing paradigm in criminology is one which emphasizes social conflict-particularly conflicts of social class interests and values. The paradigm which is being replaced is one where the primary emphasis was on consensus, and within which “deviance” or “crime” was viewed as an aberration shared by some minority. This group had failed to be properly socialized or adequately integrated into society or, more generally, had suffered from “social disorganization.” The shift in paradigm means more than simply a shift from explaining the same facts with new causal models. It means that we stretch our conceptual framework and look to different facets of social experience. Specifically, instead of resorting inevitably to the “normative system,” to “culture” or to socio-psychological experiences of individuals, we look instead to the social relations created by the political and economic structure. Rather than treating “society” as a full-blown reality (reifying it into an entity with its own life), we seek to understand the present as a reflection of the economic and political history that has created the social relations which dominate the moment we have selected to study. The shift means that crime becomes a rational response of some social classes to the realities of their lives. The state becomes an instrument of the ruling class enforcing laws here but not there, according to the realities of political power and economic conditions. There is much to be gained from this re-focusing of criminological and sociological inquiry. However, if the paradigmatic revolution is to be more than a mere fad, we must be able to show that the new paradigm is in fact superior to its predecessor. In this paper I have tried to develop the theoretical implications of a Marxian model of crime and criminal law, and to assess the merits of this paradigm by looking at some empirical data. The general conclusion is that the Marian paradigm provides a long neglected but fruitful approach to the study of crime and criminal law.
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