1.2 explain the social construction of criminality

• Social construction


  Something that has been made or defined by society, rather than simply occurring naturally
• What counts as criminality is simply whichever acts a society defines as criminal and passes a law against it, while another culture sees nothing wrong with it
• As a society changes over time, its ideas about what is a crime can also change
• Criminality is a social construction
• Polygamy


  • Polygyny - a man may take two or more wives
  • Polyandry - a woman may take two or more husbands
• Where polygamy is legal

  • 58 countries allow polygyny
  • A handful of societies, mainly in the Himalayas, allow polyandry
• Where polygamy is a crime


  • Polygamy is against the law in most countries
  • Even many Muslim countries place restrictions on it
  • In the UK, bigamy (going through a marriage ceremony while still married to someone else) is punishable by up to 7 years' imprisonment
• Reasons why the law varies between cultures on polygamy

  • Religion - the Quran permits Muslim men to take up to four wives
  • Tradition - polygamy has traditionally been practised in some African societies
• Adultery


  A sexual act between two people, one or both of whom is married to another person
• Where adultery is a crime

  • Most societies that criminalise adultery are Muslim-majority countries
  • Several Christian-majority countries in Africa make adultery a criminal offence
  • 21 US states make adultery a crime
• Where adultery is legal

  • In most countries, including the UK, adultery is not against the law
• Reasons why the law varies between cultures on adultery

  • Religion - most religions condemn adultery
  • The position of women - laws against adultery are often found in societies where women occupy a subordinate position
• Homosexuality


  • Male homosexuality is illegal in 72 countries
  • Lesbian relationships are illegal in 45 countries
  • In 6 countries, conviction can result in the death penalty
• Where homosexuality is legal

  • Homosexuality is legal in the UK, Europe and North and South America
  • In Indonesia, the world's largest Muslim-majority country, homosexuality is legal
• Reasons why the law varies between cultures on homosexuality

  • Religion - many religions have traditionally condemned homosexuality
  • Public opinion - some countries with strong religious influence have high levels of opposition to homosexuality
  • Sexism - the fact that male homosexuality is more criminalised than lesbianism may be due to sexist assumptions
• Cannabis laws


  • Possession for personal use is treated more leniently than growing, importing or supplying (dealing)
  • Some places have legalised possession for personal recreational or medical use
  • Others have decriminalised possession, reclassifying it as a minor offence
• Reasons why cannabis laws vary between cultures

  • Different norms and values - societies with greater emphasis on individual freedoms may see drug use as victimless
  • Different ideas about how best to control drug use - some favour severe criminal penalties, others favour harm reduction approaches
• Laws on same-sex relationships have changed greatly in the UK in recent decades
• Changes in UK laws on homosexuality over time

  1. 1885 - all homosexual acts between men made a crime

  2. 1967 - homosexual acts between males aged 21+ legalised in England and Wales

  3. 1980 - legalised in Scotland

  4. 1982 - legalised in Northern Ireland

  5. 1994 - age of consent reduced to 18

  6. 2000 - age of consent equalised with heterosexuals at 16
• Reasons why the law changed on homosexuality in the UK

  • The Wolfenden Report - recommended legalising homosexual acts between consenting adults
  • Campaigns by groups like the Homosexual Law Reform Society and Stonewall
  • Support from politicians like Roy Jenkins
  • Concerns over human rights and equal rights
• From 2001, possession of drugs in Portugal was changed from a crime to a civil offence, if the quantity was less than for a ten-day personal supply
• Reasons why the drug laws changed in Portugal

  • Sudden and rapid growth in drug addiction after 1975
  • Desire to tackle the problem through a public health approach rather than criminal justice
  • Potential cost savings from reduced drug use
• In the UK, gun control laws changed following mass shootings in 1987 and 1996
• Compared with figures for England and Wales of around 44 per million, the law changed in Portugal
• Reasons why the law changed

  The sudden and rapid growth in the scale of drug addiction in Portugal after 1975: by the 1990s, one in every 100 of the population was addicted to heroin
• This led to calls for drastic action to tackle the problem
• As a relatively poor country, the new law would reduce the costs resulting from drug use and one source points to a saving of 18%
• In 1987, Michael Ryan, an unemployed antique dealer, shot and killed 16 people in Hungerford, Berkshire
• In 1996, 16 children and one teacher were shot dead at Dunblane primary school near Stirling in Scotland by Thomas Hamilton, an unemployed former scout leader
• Most of the weapons used, including several semi-automatics capable of rapidly firing multiple rounds, were legally held
• The law was tightened in 1997 following a government enquiry led by a senior former judge, Lord Cullen
• John Major's Conservative government introduced an act banning all handguns except 22 single shot weapons
• Following Labour's victory in the general election that year, Tony Blair's government introduced a second Firearms (Amendment Act, banning the remaining handguns as well
• Apart from some historic and sporting weapons, it is now illegal to own a handgun in Great Britain
• Reasons why the law changed

  The public outcry following Hungerford and especially Dunblane
• Reasons why the law changed

  The Gun Control Network, set up by lawyers, academics and parents of victims to campaign for tighter gun control laws
• Reasons why the law changed

  The Snowdrop Campaign, started by bereaved Dunblane parents and their friends, organised a petition and collected 750,000 signatures calling for a change in the law
• Childhood is a very good example of social construction
• Although everyone goes through a biological stage of physical immaturity in the first years of life, how society has defined this phase has varied greatly over time
• Dominant idea of childhood in British society today

  A special time of happiness - 'the best years of your life'