Criminal Justice Theory: An Introduction

By Roger Hopkins Burke | Go to book overview

Notes

1 Introduction: modernity and criminal justice

1 A social construction or social construct is any institutionalised entity or object in a social system ‘invented’ or ‘constructed’ by participants in a particular culture or society that exists because people agree to behave as if it exists or follow certain conventional rules. Social status is an example of a social construct (see Clarke and Cochrane, 1998).

2 This author has conducted interviews with numerous practitioners in different criminal justice – and indeed, other public sector – agencies in very different situations during the course of the past 20 years. Virtually all have considered the solution to the problems of their particular agency to be the almost mythical further resources. Just give us the resources and we will deliver is the message.

3 Materialist philosophy proposes that matter and energy are the only objects existing within the universe, and mental and spiritual phenomena are explainable as functions of the nervous system of people.

4 In Marxist theory, a failure to recognise the instruments of one’s oppression or exploitation as one’s own creation, as when members of an oppressed class unwittingly adopt views of the oppressor class.

5 The theory of the influence of economics: the belief that the economic organisation of a society determines the nature of all other aspects of its life.

6 Jock Young (1999) has argued that most ‘Marxism’ is little more than a form of functionalism which replaces the interests of ‘society’ with those of the ‘ruling class’.


2 Explaining crime and criminal behaviour

1 A more extensive discussion of the models and theories contained in this chapter can be found in Hopkins Burke (2009).

2 We should note that no society is entirely mechanical or organic with any social formation being in a state of development between the two extremes. Indeed, there may well be many pockets of intense mechanical solidarity in highly developed organic societies. Hopkins Burke (2009) provides a more detailed account.


3 The philosophy of law and legal ethics

1 Saint Thomas Aquinas (also Thomas of Aquin or Aquino; (c. 1225–1274) was an

Italian priest of the Roman Catholic Church in the Dominican Order and an immensely influential philosopher and theologian in the tradition of scholasticism known as Doctor Angelicus and Doctor Communis. He is frequently referred to as Thomas because ‘Aquinas’ refers to his residence rather than his surname. He was the foremost classical proponent of natural theology and the father of the Thomistic school of philosophy and

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Criminal Justice Theory: An Introduction
Table of contents

Table of contents

  • Criminal Justice Theory i
  • Title Page iii
  • Contents vii
  • 1- Introduction - Modernity and Criminal Justice 1
  • 2- Explaining Crime and Criminal Behaviour 29
  • 3- The Philosophy of Law and Legal Ethics 58
  • 4- Policing Modern Society 84
  • 5- The Legal Process in Modern Society 111
  • 6- Punishment in Modern Society 144
  • 7- Youth Justice in Modern Society 172
  • 8- Conclusions - The Future of Criminal Justice 194
  • Notes 215
  • References 222
  • Author Index 249
  • Subject Index 256
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