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Lecture notes, cheat sheets
Криминология. Основные концепции причин преступности (конспект лекций)
Directory / Lecture notes, cheat sheets Table of contents (expand) Topic 10. Basic concepts of the causes of crime There are various concepts of crime in criminology. Five main concepts can be distinguished: the concept of a specific cause, the concept of social determinism, the primitive rationalist concept, the anthropological concept, and the logical way of knowing the causes of criminal behavior. Specific Cause Concept. The practical significance of a causal explanation of crime in criminology lies in finding the ability to influence the state and dynamics of crime. In philosophy, a cause is understood as a phenomenon whose action causes, determines, produces or entails another phenomenon (effect). The term “factor” is also used in the literature, which in a certain sense is synonymous with the term “cause”. A factor that acts as a cause or condition of criminal behavior is called criminogenic. A factor that prevents the action of the cause or conditions of criminal behavior is called anti-criminogenic. The difference between condition and cause is relative, so they are often combined with the term “determinants.” In some cases, a cause can play the role of a condition, and vice versa. The category of causality is of paramount importance in underdeveloped disciplines. There are two main interpretations of the cause category. So, the cause is the totality of all necessary conditions, without which a certain phenomenon cannot occur. However, modern scientific ideas are more in line with the idea of singling out in the complex of necessary conditions the main phenomenon that generates another phenomenon (consequence). This phenomenon associated with the effect is called a specific cause. Its main task is to "cut off" other factors from the cause. The concept of a specific cause implies a distinction between causes and conditions in the genesis of a particular phenomenon. Philosophical understanding of the category of cause points to it as the most active factor gravitating towards the essence of the phenomenon. Causality in the sphere of social life has significant specifics compared to causality in nature. The main feature of social causality is that objective social patterns act through people's consciousness. The concept of causality in the social sphere is based on the position of the general leading role of being in its interaction with consciousness. In criminology, this provision should be interpreted in such a way that the causes of crime lie primarily in the sphere of social life, in the objective conditions of people's lives. Subjective factors are included in the causal chain. Crime, which is directly generated by the antisocial psychology of people, also has deeper "basic" causes. Since criminal behavior is a consequence of not only an external cause, but also an internal reflection, it is obvious that it is possible to explain why crimes are committed only with the help of a category that would dialectically connect the role of the cause and the role of reflection. The category of social contradiction can serve as the basis for the theory of the causes of crime. It is the contradiction that is the source of all movement, development and change. From the point of view of certain social contradictions, it is possible to detect the causes of crime not only in socially negative, but also in positive phenomena. In this regard, the main point of preventing socially dangerous forms of behavior is to ensure the harmonious, balanced and proportional development of all spheres of public life. The concept of social determinism. One of the authors of this concept, French criminologist A. Lacassagne, came up with the famous formula: “every society has the criminals it deserves.” This phrase was uttered by him in 1885 at the XNUMXst International Congress of Anthropologists in Rome. In line with this concept, for the first time in criminology, the importance of social conditions was emphasized, the social determinism of crime was demonstrated, its relative independence from the will and discretion of individuals, its derivative nature from the conditions of the social environment. The concept of social determinism made it possible to turn seemingly random and scattered facts into a serious indicator of prevailing social conditions. For the first time in the history of human thought, crime began to be seen as a social phenomenon. The position of social determinism in criminology entails extremely important conclusions. The first of these is that, without changing the social conditions that give rise to crime, it would be futile to try to radically influence crime. If the basis of crime is objective (that is, not dependent on the will of people) factors, then crime will no longer seem to be just a product of the selfish aspirations of some people. This idea of crime arises spontaneously and is extremely stable. Indeed, it seems obvious that those who want to commit crimes commit crimes (i.e., there is free will). The one who is selfish, spoiled, ill-mannered wants to commit a crime. Enough to persuade these people (or intimidate them), and the number of crimes will decrease, crime will disappear. If not everything in people's behavior depends on their intentions, desires (on their will), if their actions are driven by objective factors, then neither cruel punishments, nor the most perfect criminal legislation, nor the most ideal machine of justice, by themselves, will radically affect crime. unable to. The idea of causality in the field of human actions, once it has arisen, will never be deleted from the totality of the sciences that study human behavior. Primitive rationalistic concept. Enlightenment philosophers of the 18th century. (S.L. Montesquieu, M.F.A. Voltaire, C. Beccaria and others) for the first time made an attempt to contrast the medieval, theological explanation of the world with an explanation based on a rational, scientific, largely spontaneous-materialistic understanding of nature and society. From the same positions, they sought to define the concepts of crime, criminality and its causes. The liberation of reason in the Age of Enlightenment acted as an inevitable prerequisite for the liberation of man, and the desire to spread the light and knowledge of reason was the highest goal and purpose of philosophy. Politically, it was a struggle for individual rights against the influence of the church and the feudal state, for democracy against absolutism, for the emancipation of man himself from the shackles of feudal dependence. In 1839, the French Academy of Morals and Political Sciences in Paris proposed as a task for research to reveal, by direct observation, what are those elements in Paris or in any other large city that make up the part of the population that forms a dangerous class due to their sins, ignorance and poverty. . G.A. Freiger, an employee of the police prefecture of Paris, in his work "Dangerous Classes and the Population of Large Cities" compiled a "moral topography", that is, he described the lifestyle, views and habits of those who, in his opinion, form the dangerous class of French society. (Naturally, the concept of “class” used by Freiger differs significantly from the same concept used both in philosophical and Marxist-Leninist literature.) Freiger came to the conclusion that the poor represent the same danger to society as real criminals, from which, according to Freiger, little distinguishes them. Among these "dangerous elements" he attributed almost an eighth of the working class of Paris. With great conviction, Freiger attributed the miserable conditions in which these people found themselves to the moral defects of the personality. At the same time, G. Mayhew's book "Workers and the Poor of London" was published in the UK with a detailed description of those who worked and supported themselves, in contrast to those who, according to Mayhew, could not and did not want to work, outlining the biographies of criminals , a reproduction of the social and moral atmosphere in which they grew up and spent their whole lives. Clearly aware of the importance of living conditions in this environment, Mayhew nonetheless, like Freiger, pointed out that "the main factor was the refusal of the pauper, or criminal, to work, the refusal due to an internal moral defect." So the "criminal man" takes on a new guise - a representative of a special race (class), morally flawed and vicious, living by violating the "fundamental laws of an orderly society", in which everyone must support himself with honest and diligent work. Those who do not do this are "tramps, barbarians, savages" driven by ill will and prone to crime. The emergence of a new idea about the identity of the criminal, and therefore about the causes of crime, was preceded by one of the most grandiose social upheavals in history - the replacement of the feudal system by the bourgeois one, the replacement of the religious worldview with the philosophy of humanism and enlightenment. Contrary to religious dogmas and theological understanding of the causality of human behavior, philosophers-enlighteners formulated the concept of crime as an act of a person’s free will, where he is not a toy in the hands of higher powers, but an individual who acts consciously and is free in his actions. During this period, the idea of society, of human nature, is radically changing. At the center of the system of society is placed a person endowed with inalienable rights, who "by nature has the power ... to protect his property, that is, his life, freedom and property, from damage and attacks by other people." The right of property appears here as a characteristic of a person given by nature, concern for one's well-being is a legitimate central motive for one's actions. According to these parameters, the scale of ethical values is also built, filled with new content for the concepts of good and evil, virtue and vice, which are no longer otherworldly, extraterrestrial categories - they follow from nature itself. At the same time, evil, vice, crime are violations of the natural, normal, reasonable order of things. Property, its free acquisition and possession become objectively the personification of positive action and behavior, and encroachment on property becomes an equally natural, natural crime. The origins of crime, like the origins of virtue, are in the person himself. As J.Zh. Rousseau: "The more violent the passions, the more laws are needed to restrain them." Expressing progressive views for his time, the Italian educator and humanist C. Beccaria in his works derived the sphere of administration of criminal justice from religious and feudal dogmas. [9] He limited the dominance of the feudal police state and church justice over people, arguing that only the affairs of people, but not their souls, were subject to and jurisdiction over them. Cases are subject to jurisdiction only when they are truly harmful to society, and the law speaks clearly and directly about this. The law must be binding on both citizens and rulers. Anthropological concepts of the causes of crime. According to the prison doctor, the Italian C. Lombroso, the criminal’s features contain the characteristic features of primitive, primitive man and animals. "The criminal is an atavistic being who reproduces in his personality the violent instincts of primitive humanity and the lower animals." These instincts have distinct physical characteristics. According to Lombroso, innate individual factors are the main causes of criminal behavior. Based on such conclusions, Lombroso developed a table of signs of a born criminal, i.e., such traits (sigmas), by which, having identified them by directly measuring the physical parameters of a person, it was possible, as he believed, to decide whether we are dealing with born criminal or not. It is easy to see in this concept the transfer of the evolutionary-biological theory of the development of species by Charles Darwin into the field of the study of crime. Indeed, if man evolved from an anthropoid ape, then survived the stage of primitive savagery, then the existence of criminals can be considered a manifestation of atavism, that is, a sudden reproduction in our time, among modern, civilized people, of primitive people close to their anthropoid ancestors. In addition, Darwin also found the following statement: “In human society, some of the worst predispositions that suddenly, for no apparent reason, appear in the composition of family members, perhaps represent a return to a primitive state from which we are separated by not so many generations” . The very first checks of Lombroso's tables showed, however, that the presence of special physical features in a criminal that distinguishes him from all other modern people and brings him closer to primitive man is nothing more than a myth. Lombroso's theory and the modern mystifications arising from it are based on the assumption that there is a certain relationship between certain physical traits and characteristics of the human body, on the one hand, and criminal behavior, on the other, that the physical structure of a person also corresponds to the moral character. It should be pointed out that in everyday, everyday consciousness, partly in fiction and other works of art (not of the highest level), the stereotype of a criminal of the Lombrosian type (the figure of a villain) really appears, which is opposed by a virtuous hero, whose physical advantage is always complemented by a moral advantage. However, such coincidences, of course, have no scientific justification. A logical way to understand the causes of criminal behavior. Traditionally, criminology has followed the path of identifying and studying the causes of specific crimes. However, in the future it became more and more obvious that finding out the causes of specific crimes that were seen in an antisocial attitude, antisocial motivation, or the interaction of moral defects of a person with a specific life situation, and then on this basis, establishing generalizing conclusions is a false, insufficiently methodologically justified way of knowing. The development of society is subject to objective social laws. These laws determine the development of specific people, their psychology. The most complex system of social relations, developing according to objective laws, forms the social context in which the individual lives and acts. It is she who ultimately determines his development as a person. Therefore, it is methodologically more correct to study the causes of specific crimes only on the basis of knowledge of the causes of crime in general, using the method of ascent from the abstract to the concrete. The essence of this method lies in the initial selection during the study of the main abstraction that expresses the main connection of the subject under study. The category of social contradiction serves as such an abstraction. Therefore, it is not accidental that it is impossible to explain the causes of offenses in general through knowledge of the causes of individual unlawful behavior; on the contrary, only the totality of the social conditions of people's lives gives an understanding of the behavior of individuals. Authors: Vasilchikova N.V., Kukharuk V.V. << Back: crime prevention >> Forward: Criminological characteristics of crimes against property and their prevention
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