Types and Definitions of Crime
Both the Positivist and Classical Schools take a consensus view of crime — that a crime is an act that violates the basic values and beliefs of society. Those values and beliefs are manifested as laws that society agrees upon. However, there are two types of laws:
- Natural laws are rooted in core values shared by many cultures. Natural laws protect against harm to persons (e.g. murder, rape, assault) or property (theft, larceny, robbery), and form the basis of common law systems.
- Statutes are enacted by legislatures and reflect current cultural mores, albeit that some laws may be controversial, e.g. laws that prohibit cannabis use and gambling. Marxist criminology, Conflict criminology and Critical Criminology claim that most relationships between state and citizen are non-consensual and, as such, criminal law is not necessarily representative of public beliefs and wishes: it is exercised in the interests of the ruling or dominant class. The more right wing criminologies tend to posit that there is a consensual social contract between State and citizen.
Therefore, definitions of crimes will vary from place to place, in accordance to the cultural norms and mores, but may be broadly classified as blue-collar crime, corporate crime, organized crime, political crime, public order crime, state crime, state-corporate crime, and white-collar crime. However, there have been moves in contemporary criminological theory to move away from liberal pluralism, culturalism and postmodernism by introducing the universal term 'harm' into the criminological debate as a replacement for the legal term 'crime'.
Read more about this topic: Criminology
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