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The Complex Nature of Crime | Philosophy Optional Notes for UPSC PDF Download

Introduction

  • Crime has been a persistent challenge in human civilization.
  • Violations of societal norms and rules are inevitable.
  • Emile Durkheim highlighted that even in an ideal society, some norm violations would occur.
  • The concept of crime revolves around maintaining social order and mutual respect.
  • Crime's definition changes with shifting social values and ideologies.
  • Criminal law serves as a gauge of societal moral standards.
  • The term "crime" is relative, as what is wrongful in one place may not be so in another.
  • Recent decades have seen an increase in crime, often attributed to changing social values driven by modernization and industrialization.

Defining Crime

  • There are two key definitions of crime: legal and sociological.
  • Legal definition is specific, certain, and related to the laws of a specific jurisdiction.
  • Sociological definition is broader, accounting for social norms and values.
  • The legal definition is generally favored for its precision, although it can be criticized for its relativity.
  • The legal definition not only defines criminal acts but also provides the machinery for identifying and punishing offenders.

Characteristics of Crime


Crime has several defining characteristics:

  1. External Consequences: Crime always negatively affects society, causing social, personal, emotional, or mental harm.
  2. Act (Actus): A criminal act requires an external act or omission; intent alone is insufficient.
  3. Guilty Mind: A criminal act necessitates a guilty mind, which can be either direct or implied.
  4. Prohibited Act: The act must be prohibited under the existing law.
  5. Punishment: Not only is the act prohibited by law, but it must also be punishable by the state.

Distinguishing Deviance, Crime, and Sin

  • Deviance is a behavior that violates normative rules, expectations, or understanding in a social system.
  • Unlike a criminal, a deviant may not cause direct or indirect harm, break the law, or be punishable by the state.
  • Deviance is relative, with behaviors considered deviant in one context but not in another.
  • Crime, unlike sin, is a legal concept involving law violation and punishable by the state.
  • Sin originates from religion and results from violating religious rules, leading to divine, rather than state, punishment.
  • Crime involves direct injury, while sin requires penance as a remedy.

Positive Social Functions of Crime and Criminality

  • Crime challenges society's members, leading to a waste of resources and economic loss.
  • However, crime's prevalence can serve useful functions.
  • It provokes responses to promote social order, addressing socio-economic and psychological problems.
  • Crime can be a form of protest against current restrictions and values, fostering dynamic social change.
  • Although crime threatens social stability, it can also be a source of social progress, which is essential for human civilization.

Causal Approaches to Explain Criminal Behavior

  • Understanding criminal behavior involves observing facts and identifying potential causes.
  • Unlike physical sciences, criminal behavior lacks simple cause-effect relationships.
  • Factors like poverty, age, and sex may be relevant but are neither sufficient nor necessary for committing a crime.

Conclusion

crime is a multifaceted issue influenced by evolving societal norms and values, and its definition and implications vary across time and place. It can be a source of both challenge and change, prompting society to address underlying issues and driving social progress. Understanding and explaining criminal behavior is complex and cannot be reduced to simple cause-effect relationships.

The document The Complex Nature of Crime | Philosophy Optional Notes for UPSC is a part of the UPSC Course Philosophy Optional Notes for UPSC.
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