《THEORETICAL CRIMINOLOGY：FROM MODERNITY TO POST-MODERNISM》

1 NARRATING THE MOOD OF THE TIMES: CONFUSION, SELF-DOUBT, AND AMBIVALENCE1

Finding places, finding time, finding beginnings1

Journeys, snippetsmodernisations2

The problem of the modem world4

Reflexivity, and the principle of the recognisability of the world6

The subject matter of criminology is inherently contestable6

How is criminology presented? How are criminological texts structured?7

Classicism8

Positivism in the 19th century8

In the early development of positivism, crime was viewed as a natural problem to be cured, similar to a disease9

A crucial area of conflict has been, to what does the concept of crime refer?10

A period of contextualising of criminology occurred in the 1960s and 1970s11

The consensus or functionalist model13

The pluralist model13

The conflict model14

The meaning of the central concepts of criminology varies according to your scientific perspective14

Contemporary criminology has different perspectives on central issues15

Post-modernism and the acceptance of language games as the reality of social life15

Living, and making sense of life, within multiple perspectives is the problem of the post-modem condition16

But if there is not any natural crime how can criminology have a basic phenomena to investigate?17

Because we are trapped in the circles of social processes does not condemn criminology to mindless relativism, nor should it amount to a surrender of modernity to the forces of the pre-modern masquerading in the guise of a retum to basics18

The current position: etiological scepticism and conservative responses18

The final （conservative?） position: the concept of the self and self-control as the bed-rock for founding a general theory of crime20

Interactionism as a theme for a general theory22

The possibility of a criminology of modernity?23

2 THE PROBLEM OF MODERNITY25

The concept of modernity25

Modernity and control28

Modernity and civilisation28

Modernity as the product of a transformation29

Modem social life as a normative project29

The twin stages of modernity29

Is modernity exhausted? Has it lost its force?32

Post-modernity, or the realisation of the impossibility of fulfilling modernity?33

The strains of modernity contained within the discourse of emancipation35

The need for empirical analysis of the reality of the socio-political location of individuals and groups35

The discourse of liberation and authenticity impact upon the modem self36

Criminology and the social structure of modernity37

The role of liberalism in the constitution of modernity39

3 THE THEORISTS OF MODERNITY: AN INTRODUCTION TO MAX WEBER, KARL MARX, EMILE DURKHEIM AND FREIDRICH NIETZSCHE41

Max Weber and the rationalisation of the world41

The nation state and the rise of capitalism42

The mood of Weber44

The problem of discipline45

Karl Marx45

Jurisprudence is not to be trusted48

What is the real basis of the law?49

Policing becomes a core concern of capitalist social structure50

What is required to escape? To achieve true emancipation?50

What happened? What was the effect of Marx’s writings?51

Emile Durkheim （1858-1917）54

Sociological positivism55

Social solidarity55

The use of law as an index of social social solidarity56

Crime is normal in a society57

Durkheim and the openness of human nature57

The notion of anomie58

Durkheim’s analysis of suicide as the paradigm example of positivism and statistics59

Friedrich Nietzsche （1844-1900）60

Man’s intellectual frameworks were not modern enough61

The paradox of the whole and the parts61

The danger of nihilism61

The legacy of Weber and Nietzsche in the work of Foucault63

Culture and knowledge largely constitute the conditions of the modem63

The void underlying modem existence64

The created nature of modem man65

4 THE PROBLEM OF CLASSICAL CRIMINOLOGY: STABILISING DISORDER THROUGH LAW； OR HOW TO ACHIEVE THE RULE OF LAW AND HIDE THE CHAOS OF EARLY MODERNITY71

Introduction to classical criminology71

God’s death demands new legitimation strategies72

Beccaria （1738-1794）72

Jeremy Bentham （1748-1832）74

Understanding classical criminology and its continuing appeal76

The rule of law as an expression of current features of modernity77

A basic question: how is legitimacy of criminal justice established?78

Classical criminology destroys the magical irrationality of the pre-modem79

The legitimation of decisions in the theological system depended on an overall synthesis80

What does this foundation of mystery entail?82

How is modem society made if not as a reflection of underlying natural laws of social evolution?83

Classical criminology talks the language of a ‘true’ science of man and society, but actually creates a structure separate from nature； it founds the social upon myth and politics86

The need for objectivity and professionalism87

What is rational government?88

The need to stabilise potential chaos89

The results of the constructionist project: the creation of hybrids such as ‘rights’91

5 READING THE TEXTS OF CLASSICAL CRIMINOLOGY: BEYOND MERE COMMAND INTO SYSTEMATIC LEGITIMATION93

What is the nature of the criminal justice system?94

Reading classicism Ⅰ: The construction of Beccaria’s text96

Reading classicism Ⅱ: John Austin and the role of knowledge103

After the destruction of the classicist faith in utility what guides the law?107

Jurists hold that legal regulation, by its nature, seems to imply obedience； why?107

H L A Hart: the critique of classicism in Austin and the response of the civilised man107

Without faith in utilitarianism, and devoid of a natural law110

system, how can the positive law earn respect?110

Conclusion: the dialectic of systems and selves113

6 CRIMINOLOGICAL POSITIVISM Ⅰ: THE SEARCH FOR THE CRIMINAL MAN, OR THE PROBLEM OF THE DUCK115

Introduction to criminological positivism115

Intellectual revolution or a narrowing of concerns?117

Modernity, construction and the social control perspective121

Cesare Lombroso （1835-1909）124

Raffaele Garofalo （1852-1934）126

Enrico Ferri （1856-1929）126

Early criminological positivism and the rule of law128

A E Hooton129

W H Sheldon130

The legacy of positivism: disentangling the mess133

7 CRIMINOLOGICAL POSITIVISM Ⅱ: PSYCHOLOGY AND THE POSITIVISATION OF THE SOUL139

Positivism, learning and psychology139

Bowlby’s theory of maternal deprivation and crime142

Eysenck’s theory of crime144

Edwin Sutherland and the theory of differential association150

The prevalence of white collar crime demonstrated the normalcy of crime155

The extreme criminal: the idea of the psychopath155

The aetiology of psychopathology?158

If this is not a ‘moral disorder’ then there must be a treatment?159

What sort of regimes do the penal systems of England, Wales and Scotland use?160

Evaluation of the treatment effects of Grendon161

Psychopathology and interactive communication162

The knowledges of psychology: tools of control in modernity?163

8 CRIMINOLOGICAL POSITIVISM Ⅲ: STATISTICS, QUANTIFYING THE MORAL HEALTH OF SOCIETY AND CALCULATING NATURE’S LAWS165

The resolution of chance and the chaos of the natural state165

The battle for sociology: a moral science or a statistical science?167

Criminal statistics168

The problem of criminal statistics168

Problems in the compilation of official statistics169

Attempts to mitigate the failings of the official statistics171

The contemporary problem of reflexivity and criminal statistics - do we need a science of interpretation?173

How did we get to the point where statistics dominate criminological discourse?174

Strain theory175

What can we make of this?180

Social control theory183

What are we to make of these ‘control theories?’187

9 POSITIVISM AND THE DREAM OF ORGANISED MODERNITY189

Criminology and the dream of organised modernity189

Social distance190

The development of bureaucracy and the knowledges of disciplinisation193

Governing the population came to mean creating a bourgeois citizenship197

The dialectics of the civilising process199

The reflexive questioning of civilisation202

The impact of crimes of obedience and crimes of bureaucracy203

The structural features of crimes of obedience205

Authorisation207

Routinisation208

Dehumanisation208

Alasdair MacIntyre and the critique of managerial expertise209

Is post-modernism the end of the dream of organised modernity?210

The post-modem condition: life within the unorganised structures of organised modernity?211

Social control in post-modernism: the seduced and the repressed212

10 MORALITY, NORMALCY AND MODERNITY: THE MORAL INTENSITY OF EVERYDAY LIFE215

Analyticism and the problem of contemporary criminology215

H L A Hart: everyday life as the site of analysis218

The complexity of the mundane: the richness of everyday life219

The narratives of civil society223

David Hume （1711-1776） and the foundation of experience223

Immanuel Kant and the need to rely upon pure reason224

The problematic of being a modem and being moral228

Durkheim’s model of modernity restated230

The task of moral socialisation in late-modernity: the example of gender relations232

11 LOCALITY AND CRIMINOLOGY: FROM THE POLIS TO THE POST-MODERN CITY237

The paradox of city li fe: social distance, physical proximity237

Crime links with fear, trust, and predictability239

Telling the story of urban existence: Ⅰ, the oral-ethnographic efforts240

Telling the story of urban existence: Ⅱ, the ecological paradigm and the attempt to develop a science of the city243

The Chicago School used a concept of social disorganisation to explain the ecology of crime246

Understanding urbanity: Ⅲ, beyond the naturalist paradigm249

Can cities be controlled so that community can be created as a livable urban space?251

Locality as a site of social interaction252

End-Game: the city as a site of communication and the arrival of the post-modern city253

The onset of new divisions, social polarisation and the development of an underclass255

An environment of communication257

The late-modern, or post-modern, city as a mobile site258

Modernity: the desire to construct a home and the differing experiences of post-modernity261

Southall261

to be a woman in new york city262

New left realism262

Investigating Los Angeles: Mike Davis and the post-modem City of Quartz266

12 CRIMINOLOGY AND THE CULTURE OF MODERNITY273

Culture as a restraining medium: the case of Japan277

Culture as criminogenic281

Albert Cohen281

Cloward and Ohlin284

The criminal sub-culture or gang286

The conflict sub-culture or gang286

The retreatist sub-culture287

Walter Miller288

Culture and social structure: does working class culture, or a culture of poverty, determine social conditions, or social conditions determine culture?291

Bridging concepts: from social structural to individual or psychological states293

Culture and crime: an extreme example?295

13 CULTURE AND CRIME IN THE POST-MODERN CONDITION297

The challenge of culture under post-modernism: democraticism or incoherence?297

Conceptualising modem identity299

The post-modern condition is the contingency of the normal302

Contingency and the sense of justice306

The melange of the late or post-modern308

The skills of post-modem living: or how can we live in the absence of ‘real’ meaning?309

Location by consumption patterns313

Desire, growth, materiality and the coherence of practical justice315

Understanding the （non）reality of crime: the non-positivist sign319

The cultural paradox of post-modernism: energy and exhaustion319

14 LABELLING THEORY, AND THE WORK OF DAVID MATZA321

Introduction321

Labellling theory: from mechanical naturalism into interactional process321

The understanding of social psychology espoused by Herbert Mead322

David Matza: from hard to soft determinism328

Drift theory332

Direction One: the irony of labelling and the reproduction of delinquency by state intervention334

Direction Two: the power of collective representation:from Matza to Foucault?337

The importance of the sign: the construction of hyper-reality338

Direction Three: positivism fights back asking for a reconciliation with process: seeing criminality as a thought process341

Direction Four: Does the act of labelling invite irrational responses? The games of law, desire and death343

The overuse of law: law’s ability to create crime346

Direction Five: the latent power of existentialism within criminology348

15 CRIME AND THE EXISTENTIALIST DILEMMA349

Combating the vertigo of freedom: the existentialist reconciliation in sincerity and authenticity349

The optimistic ethos of criminological existentialism351

The harsh end of criminological existentialism352

Early modernity and the crime of passion354

Tactic one: the beast within who can overtake us when we are weak or asleep357

Tactic two: the psychopath358

Recognising the existential sensuality of crime358

The sensuality of stealing360

Street Elites: Aristocrat verses rabble364

Rape and sexual homicide365

The dialectic of self-awareness and self-control367

The events which constituted these offences were social actions embodying relations； actions mediated through culture and emotions368

Moral transcendence373

Symbolic displacement378

Conclusion: the message of existentialism?380

16 MODERNITY, GENDER AND CRIME: FROM THE BIOLOGICAL PARADIGM INTO FEMINIST INTERPRETATIONS383

Do women exist?383

Women in the construction of modernity384

Boundary setting: modernity and the otherness of women385

What has criminology said about about all of chis?386

Statistical discrepancy in the commission of crime between men and women387

Individuals found guilty or cautioned for indictable offences per 100,000 people in the population387

Indictable offences （tried in Crown Court）388

Summary offences （tried in magistrates’ courts）388

Understanding the official statistics and criminal involvement388

Several writers have denied the truth of differential involvement in crime389

Victim surveys and self-report tests support the official statistics390

Has there been leniency or chivalry by officials within the Criminal Justice System in their dealings with women?390

What type of crime do women commit? And should we expect their crime to increase?394

Why have there been so few theories on crime which are gender specific?395

Criminological explanations were not set out as ‘arguments explaining why men commit more crime then women’396

Biological and psychological explanations: a critique398

The effect of aggression and biology?399

Sex role socialisation400

Is there an increase in female crime? Does the liberation of women necessitate that they become as criminal as men?405

What is the empirical evidence in criminology?407

The problematising of masculinity in post-modemism409

Questioning the post-modernist turn412

Can a criminological theory of rational conformity, which does not reduce femininity to passivity or over-control, be developed?413

17 CONTEMPORARY SOCIAL STRATIFICATION AND THE DEVELOPMENT OF THE UNDERCLASS417

The arrival of the underclass417

The radical right’s tradition of constitutional or cultural features aided by mistaken social policy as explaining the emergence of the underclass419

The radical right’s image of the future of civil society425

The social democratic thesis of the underclass as a consequence of post-industrialisation426

The class thesis that the underclass is partly a creation of a redistribution of wealth from the poor to the rich in the 1980s433

The underclass and criminology436

The underclass and post-modernism436

Conclusion442

Postscript: A note on the Los Angeles Riots of 1992443

Visualising reality448

The riot as an indicator of the post-modem future?449

18 BUILDING CRIMINOLOGICAL THEORY IN POST-MODERNISM451

Lyotard and the death of modern social theory453

Does post-modernism imply the impossibility of constructing a general theory, or even of integrating different theories?455

Eleven structures of criminological theory458

If post-modernism comes out of modernity, then who are we? Where are we? How do we make sense of criminological ‘reality’?460

How can social arrangements appear just in post-modernism? How can social order be legitimate under the culture of contingency?462

Social justice, positionality and the emotions of post-modernism464

How can a form of social justice be constructed that copes with the culture of contingency?466

Without a continuing narrative of modernity, Just Gaming becomes just gaming466

Is post-modernism the collapse of any drive towards social individuality； are we mere modular components?467

The ideal late-modem self fits a variety of late-modern games；469

our modular man possesses social capital: is criminality a function of social capital?469

A final end-word? Beyond post-modernist doubts?473

Index509