section and the remaining portions of the book concentrate on the soci- ological aspects of criminology, as in the first selection by Sellin, "A Socio- logical Approach to the Study of Crime Causation," which provides a point of departure for the rest of the book. Although Emile Durkheim was not specifically a criminologist, he made cogent remarks about the sociological approach to an understanding of crime and punishment. In his view, crime is a normal phenomenon in any society characterized by heterogeneity and social change. Such a perspec- tive has had both direct and indirect effects upon sociologists who are concerned with criminology, although Durkheim has not had similar effects upon those psychologists and psychiatrists who view the criminal as a manifestation of some type of pathology. Knowing something about the legal definition of crime and of the crimi- nal is fundamental to an understanding of the statutory norms that form part of the social process leading to the determination that a type of de- viant conduct is designated as criminal. Therefore, because most of the crude data of criminological research are based upon violations of legal norms, we have included a brief selection from Marshall and Clark A Treatise on the Law of Crime, in which some attention is given to the legal definitions of crime, mens rea, felony, misdemeanor, principles of the first and second degree, and so forth. Finally, the prevalent use of Sutherland's term "white collar crime" has led, since the 1930's, to a series of discussions and arguments about the definition of crime and the criminal. Although not challenging our funda- mental position about the scientific nature of criminology, the debate is of consequence on a substantive level, for it raises questions about the sources of data for analysis and the relationship between social science and the law. Both Sellin and Sutherland agree that the sociological study of crime may embrace concepts broader than those found in the criminal law; analyses of conduct norms, culture conflict, differential association, and white collar crime extend the scientist's inquiry over a range of deviance not covered by the law. Tappan in "Who Is The Criminal?" disagrees with this posi- tion and restricts the study of crime and the criminal to a more narrow legal conceptualism. The student is encouraged to read these articles care- fully both for an understanding of the issues and for an appreciation of the consequences that each of the respective positions has for research and theory. -2- |