By Andrew Von Hirsch
Deservedness and Dangerousness within the Sentencing of Criminals
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Extra resources for Past or Future Crimes: Deservedness and Dangerousness in the Sentencing of Criminals (Crime, Law & Deviance)
This is a variation on the observation made by Marx, that men make choices but not in circumstances of their own choosing. This rationality is consequently circumscribed. It is not the rationality of free will but that which is rationally dictated by the political economy of social relations. , 1996: 230). A similar theoretical feel is found in the work of Quinney (1977). It can be argued that Quinney’s ideas were equally influenced by the work of the phenomenologists as they were by Marx. Consequently different readings of his work can and do emphasize these different theoretical inputs.
I will begin my analysis with this basic similarity and view deviance as the product of a transaction that takes place between some social group and one who is viewed by that group as a rule-breaker. I will be less concerned with the personal and social characteristics of deviants than with the process by which they come to be thought of as outsiders and their reactions to that judgment. ] depends on how other people react to it. ] The degree to which other people will respond to a given act as deviant varies greatly.
1938) Social structure and anomie. American Sociological Review 3: 672–82. K. (1968) Social Theory and Social Structure. New York: Free Press. , McLaughlin, E. and Langan, M. (eds) (1996) Criminological Perspectives: A Reader. London: Sage. Quinney, R. (1977) Class, State and Crime: On the Theory and Practice of Criminal Justice. New York: McKay. Scraton, P. and Chadwick, K. (1991) The theoretical and political priorities of critical criminology, in K. Stenson and D. Cowell (eds) The Politics of Crime Control.
Past or Future Crimes: Deservedness and Dangerousness in the Sentencing of Criminals (Crime, Law & Deviance) by Andrew Von Hirsch