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David Greenberg - On One-Dimensional Marxist Criminology
David Greenberg - On One-Dimensional Marxist Criminology
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DAVID F. GREENBERG
gists have seen dissensus and conflict of interests, and depict law, in its
formulation, enactment and enforcement as a reflection of the interests of
the powerful and a tool in the maintenance of existing social relations,
especiallyclass relations.4
ing the worst Orwellian nightmares (even in 1948 there was crime) to
eliminate all motivations to criminalactivity and all opportunitiesto act on
those motivations.8
Here are some of the questions WHB'sposition raises: is it true always that
the State's reaction is necessary to the maintenance of production and
reproduction?Mightthe State or those on whose behalf it acts not sometimes
be mistaken, thinking a reaction necessary when it isn't? Or, on the other
hand, might it not fail to recognizethe necessity of some rmeasure
and so fail
to react?Wheresteps are taken, what determineswhetherlegislationis civil cr
criminal,and the level of penalties? Are these always determinedby "nercis-
sity?" How would that be demonstrated? Don't Wi-lBassume a level of
governmentomniscience that even Marxistsocial scientists equippedwith the
tools of "scientificsocialism"have yet to attain?
WHB'streatment of laws dealing with behavior that does not threaten the
"conditions of production and reproduction"in society is especially reveal-
ing. Laws involving homosexuality and abortion are called anachronistic
(p. 38), implying that at one time such laws were necessary but are so no
longer. Elsewhereabortionlaws are characterizedas continuingto criminalize
actions that are "no longer problems because of changed social conditions"
(p. 35-36, emphasis added). But when was abortion ever a problem, and to
whom? And what was tilc nature of the problem? The answer is far from
obvious.l 1
WHB make clear that their theoretical strategy entails the denial of an
independentsubjective dimension to social relationships.They don't need to
ask to whom abortion was a problem because for them problems do not
happen to people, but to systems or to disembodied"relationships."Their
discussion of environmentalpollution, a criticism of the dictum that social
reality is constituted throughsocial defilnitions,actually shows the limitations
of such an exclusion of subjectivity. Air pollution was far worse in major
Americancities half a century ago than it is at present; I suspect the same is
true of food contamination.Yet it is largelyin recent years that pollution has
become a major social issue. This suggests that the mobilization of public
opinion which creates a social problemmay dependless on the physicalstate
of the atmospherethan on the extent to which other circumstances,such as
increasedanxiety about the effects of more and more complicatedtechnolo-
gy, increasedliteracy, higher expectations of health, and the ameliorationof
other problems,have evoked a public movement concernedwith the state of
the environment.While the biological impact of pollution may be indepen-
dent of our awareness,the social impact clearly depends on the way human
actors define the situation, and this takes place in consciousness.
Some recent work in the sociology of law is relevantto this point. Suzanne
Embree,for example,has shown15that the legislationinitially prohibitingthe
importation of opium into the United States did not grow out of anyone's
concern about the problems opium-smokingwas creating;it had to do with
America'simperialexpansioninto the Pacificat the turn of the century when
the United States was seeking an international opium treaty as a way of
preventing Great Britainfrom earningforeign exchange to offset its balance
of payments deficit by sellingIndianopium to China.Embreehas also shown
that the contents of the act were influenced by the medicalprofessionin its
attempt to secure monopolistic jurisdiction over the use of heroin in medical
practice-part of a larger attempt on the part of doctors to influence the
divisionof labor in medicalcare.
NOTES
1. Falco Werkentin, Michael Hofferbert and Michael Bauermann, "Kriminologie als
Polizeiwissenschaft oder: Wie alt is die neue Kriminologie?" in Kritische Justiz 3,
translated as "Criminology as Police Science or: How Old is the New Criminology?"
in Crime and Social Justice: A Journal of Radical Criminology 2, (Fall-Winter
1974). Quotations and page references are to the English translation.
2. Richard Quinney, Critique of Legal Order: Crime Control in Capitalist Society
(Boston, 1974), pp. 26-32; Clayton A. Hartjen, Crime and Criminalization (New
York, 1974), p. 73; Charles E. Reasons, The Criminologist: Crime and the Criminal
(Pacific Palisades, California, 1974), pp. 3-13.
3. David Matza, Becoming Deviant (Englewood Cliffs, 1969), pp. 15-40; Howard
S. Becker, The Other Side: Perspectives on Deviance (New York, 1964), pp. 5-6.
4. Richard Quinney, The Social Reality of Crime (Boston, 1970), pp. 29-97; William
J. Chambliss, Crime and the Legal Process (New York, 1969), p. 10; Richard
Quinney, Criminal Justice in America: A Critical Understanding (Boston, 1974),
pp. 18-21.
5. Peter H. Rossi, Emily Waite, Christine E. Bose, and Richard E. Berk, "The Serious-
ness of Crimes: Normative Structure and Individual Differences," American Socio-
logical Review 39 (1974), pp. 224-237. This concensus is of course not uniform or
absolute. There are areas of disagreement. For references to British studies indicat-
ing class differences in assessment of crime seriousness, see Ian Taylor, Paul Walton
and Jock Young, "Critical Criminology in Britain: Review and Prospects," in Ian
Taylor, Paul Walton and Jock Young, eds., Critical Criminology (London, 1975),
p. 19. As Jock Young has emphasized in his paper "Working Class Criminology," in
the same volume, working class indignation toward crime is not necessarily false
consciousness. The working class would benefit from a reduction in some forms of
working class crime, not only through reduced rates of victimization, but also
through the increased cohesion that would result were the fear of crime-which
divides various strata of the working class-to diminish: it is by interfering with the
development of class solidarity rather than through the mechanisms that Durkheim
suggested, that crime contributes to the stabilization of the society. Nevertheless, it
is also true that a successful government program to reduce crime without changing
relations of power and property would tend to reduce the cost to office-holders of
adopting criminogenic economic policies undertaken, as Raford Boddy and James
Crotty suggest in "Class Conflict and Macro-Policy: The Political Business Cycle,"
Review of Radical Political Economics 7 (1975), pp. 1-19, to discipline the labor
force. In this sense, a successful program to reduce crime without simultaneously
instituting major social change could be seen as stabilizing exi'ting political arrange-
ments. At present this is hardly feasible. As social developments of the last decade
have led to major increases in crime, the fiscal crisis of the state has restricted the
ability of governments to respond effectively to increased crime. In New York, for
example, the current recession is blamed for unusually high increase in property
crime, but large numbers of police are being fired. If, as seems probable, there is a
deterrent effect to punishment, this would lead to further increases in crime. The
Marxian concept of contradiction seems appropriate, but it is not one that holds
any promise of benefit for the working class.
6. Ian Taylor, Paul Walton and Jock Young, The New Criminology (London, 1973),
Ian Taylor, Paul Walton and Jock Young, eds., Critical Criminology (London,
1975); Richard Quinney, Critique of Legal Order: Crime Control in Capitalist
Society (Boston, 1974).
7. Although not essential to the argument, this position usually rests on an explicit
identification of criminalitv with the lower economic strata. WHB make this
identification explicit, writing: ". . . a thoroughgoing explanation of the phenomen-
on of criminality must consider the behavioral aspect as well. This means that the
question must be pursued as to how to determine the concrete causes of behavior
which in the social setting of the proletariat lead either to conscious class struggle
on the one hand, or to conforming behavior or delinquent behavior on the
other . . . Besides these general conditions, it would be necessary to characterize the
specific circumstances which lead to the development of criminal behavior patterns
within the proletariat" (p. 27, emphasis in original). Apparently the authors have
never heard of middle class delinquency, or corporate and government crime. The
omission of these categories is an odd oversight for Marxists. Nor do WHB note that
the "bourgeois" criminologists on whom they vent sarcasm, contempt and ridicule
have been concerned to a great extent with precisely what WHB here describe as
necessary, that is, specifying the specific circumstances which lead to the develop-
ment of criminal behavior patterns within the proletariat, or more specifically,
among its children, since participation in most forms of common crime is largely a
youthful phenomenon. In a forthcoming paper on delinquency I suggest that it may
be more accurate to trace a great deal of theft and related forms of crime to the
exclusion of young working and middle class youths from the labor market, than to
the attempts of producers to recover the surplus value extracted from them in the
workplace, as WHB suggest (p. 27)-though their perspective may well apply to
employee theft. It is true, however, that few mainstream criminologists have been
willing to specify that the causal mechanisms of their theories might be inoperable
in different sorts of societies, thus lending a conservative cast to their findings.
8. In WHB's work the assumption that crime will disappear strikes me as resting on an
excessively social social psychology that is never explicated. In The New Criminolo-
gy and in "Critical Criminology in Britain: Review and Prospects," Taylor, Walton
and Young also hold out for a crimeless future and take as their political goal the
creation of a society that does not criminalize diversity, but advance no arguments
for the possibility or the desirability of this project. In particular, no materialist
analysis of criminalization in non-capitalist society is presented. Instead we receive
a recapitulation of the most utopian part of the Marxian corpus, the doctrine of the
withering away of the state (the secular equivalent of "pie in the sky"). In view of
the persistance of crime in state and market socialist economies, it is plausible to
assume that all societies contain contradictions that will generate disputes involving
behavior that will be perceived as sufficiently threatening and sufficiently repre-
hensible to warrant punitive intervention, and that in modern societies this inter-
vention will at least some of the time take the form of criminalization. Indeed, under
socialism, the expansion of the public sphere into traditionally private realms may
create a strain toward an expanded use of the criminal sanction. As Harold
Pepinsky suggests in "Reliance on Formal Written Law and Freedom and Social
Control in the United States and the People's Republic of China," British Journal
of Sociology 26 ((1975), p. 330, alternative forms of social control may be feasible
under social arrangements quite different from those in the West, but these
alternatives may entail costs that a libertarian would be reluctant to pay. By
comparison with alternative mechanisms of social control the criminal process
carries with it some advantages: open recognition of the adversarial nature of
conflicts and protection of the interests of all parties through procedural and
substantive due process. Under capitalism, the large case load in the courts func-
tions to deny de facto these rights to most defendants, but under socialism their
promise could be realized. The great danger is that the search for alternatives will
lead to coercive intervention that justifies the denial of these protections with the
mystifying claim that the abolition of classes has abolished all conflicts of interest.
9. Becker, op.cit., p. 14.
10. There are defects and limitations in the writings of many labelling theorists that
should, however, be noted. A number of empirical studies of secondary deviance
have made clear that many of the principal labeling theorists grossly exaggerated
the deviance-producing effects of formal intervention; see, for example, Walter
Gove, ed., The Labelling of Deviance: Evaluating a Perspective (New York, 1975).
At the same time, social structural sources of primary deviation were systematically
overlooked. The pluralist political stance of labeling theorists has recently been
criticized by Dean Manders, "Labelling Theory and Social Reality: A Marxist
Critique," The Insurgent Sociologist 6 (1975), pp. 53-66. The criticism is well-
founded but not very devastating. There are many forms of deviance that do not
threaten upper class interests; the interests threatened may be those of other classes
or social groups, in which case the ruling class may have little interest in the
prohibition one way or another. When that is so, non-ruling class groupings may be
decisive. For example, the recent unsuccessful campaign to achieve the passage of a
civil rights bill for homosexuals in New York City saw a coalition of gay activist
groups and miscellaneous libertarian supporters pitted against an alliance of the
Catholic Church, the Orthodox Jewish rabbinate, and the city firemen's union-
none of these representing the ruling class. Other forms of deviance threaten units
that are found among all classes (e.g. mental illness in the family). The existence of
class relations may well affect such conflicts indirectly, by generating conflicts, by
affecting the resources the antagonists possess, and by setting the terms and limits
within which the conflict is carried out. The orthodox Marxist position that "the
ruling class makes the laws" is so simplistic as to be useless for most purposes.
11. Marxists have tended to explain abortion legislation in terms of the need under
early industrial capitalism for a pool of labor. A similar argument has been applied
to the prohibition of homosexuality. In both cases, the argument is advanced
without supplying evidence that flesh and blood legislators were responding to this
"need." Some research by Cherni Gillman and Tamara Georges, illustrates the
complexity of causal analysis in such matters. When nineteenth century American
reformers scrapped the comparatively liberal stance toward abortion that had
prevailed in colonial times, when abortionists were prosecuted only if the pregnant
woman died, they argued that legislation was needed because surgery was danger-
ous, not that more workers were needed for New England factories. Since other
forms of equally dangerous surgery were not prohibited, their explanation cannot
be taken at face value. Yet if the legislation received support for unstated reasons, it
would be unclear whether legislators were concerned with the labor supply, anxious
about the changing position of women, or influenced by the wave of religious
perfectionism that swept nineteenth century American Protestants into all kinds of
reform movements. An orthodox, schematic Marxism operating with only a few
abstractly defined concepts like class is not likely to be rich enough to contribute
to the disentangling of these kinds of causal chains.
12. Slavery illustrates nicely the relativity of the concept of social problem. To the
slave, slavery is presumably always a problem, to others, only sometimes. To the
slave-owner, on the other hand, it is the escaping or rebelling slave and the
abolitionist who are social problems. The static character of the structural formula-
tion seems particularly unhelpful when there is dispute about the type of social
organization a society ought to have.
13. Other aspects of the writings of 1960s-era labeling theorists also reflect the
atmosphere of the times. The anarchistic political stance implied in the notion that
official intervention is necessarily counterproductive clearly reflects the anti-author-
itarian attitudes of the campus New Left. The systematic neglect of structural
sources of deviant behavior in favor of an emphasis on micro-processes and the
phenomenological analysis of experience likewise can be seen as reflections of the
New Left's voluntarism and disdain for structural analysis of social processes
(including those processes that produced the New Left).
14. Even here, a caveat is in order. While it may be essential that rules against theft be
observed, it is no mean methodological trick to establish precisely what contribu-
tion if any the existence and enforcement of laws against theft make to the
upholding of those rules. There are alternative sources of compliance. In any event,
what is important for understanding the existence and perpetuation of such laws is
not their deterrent or incapacitative effects, but beliefs concerning these effects.
15. Suzanne Scott Embree. The Politics of Expertise: A Profession and Jurisdiction.
Unpublished Ph.D. Dissertation, (New York University Sociology Department,
1972).
16. John Helmer and Thomas Vietoricz, Drug Use, The Labor Market, and Class
Conflict. (Washington D.C., 1974).
17. Joseph R. Gusfield, Symbolic Crusade: Status Politics and the American Temper-
ance Movement (Urbana, 1963).
18. This is consistent with Friedrich Engels, "Letter to Conrad Schmidt" and "Letter
to Joseph Bloch," in Lewis Feuer, ed., Marx and Engels, Basic Writingson Politics
and Philosophy (New York, 1959), pp. 397-407.