THE FUNCTION AND PURPOSE OF LAW

CONSENSUS, CONFLICT, AND

INTERACTIONIST PERSPECTIVE
“Is it a crime, to fight, for
what is mine?”
- Tupac Shakur
Philosophy of Law
• Societies develop
formal and informal
mechanisms to
maintain control.
• These formal
mechanisms become
laws.
Views of Crime
• Why are some
behaviors considered
criminal while others
are not?

• Consensus View
• Conflict View
• Interactionist View
How is Crime Defined?
• Consensus View
• Crimes are behaviors that are harmful to
the majority of citizens.
• These behaviors are defined in the law as
crimes.
• These laws represent the norms, goals
and values of the vast majority of society.
• In other words, we as a society agree that
these behaviors should be ‘criminal’.
How is Crime Defined?
• Conflict View
• Criminal law (i.e. the definition of
crime) is shaped and controlled by
an ongoing class struggle.
• Criminal law is created and enforced
by the ruling class as a means to
controlling the behaviors of the non-
ruling class.
How is Crime Defined?
• Interactionist View
• Criminal law is structured to reflect
the preferences of the people who
hold social power.
• Socially powerful people use the law
to shape the legal process (Moral
entrepreneurs).
How is Crime Defined?
• Criminal law defines crime.
• The definition of crime is constantly
changing and evolving.
• Social forces mold the definition of
crimes.
• Criminal law has a social control
function.
Questions to Consider
“Rather than representing commonly held values, the
content of the criminal law often reflects the values of the
minority who hold social, political, and economic power.”

• In what ways can conflict be beneficial to society?

• Can conflict actually support consensus?