ac1.2

• Social construction


  Something that has been made or defined by society, rather than simply occurring naturally
• Criminality


  Whichever acts a society defines as criminal
• One society or culture can define a particular act as criminal and pass 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 countries allow polyandry
  • In India, Malaysia, Philippines, Singapore and Sri Lanka, polygamous marriages are permitted for Muslims only
• 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, a fine or both
• Reasons why the law on polygamy varies between cultures

  • Religion - the Quran permits Muslim men to have 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
  • Punishment varies from stoning to death, to caning, to a fine
• Where adultery is legal

  • In most countries, including the UK, adultery is not against the law
  • In India it ceased to be a crime in 2018
• Reasons why the law on adultery varies between cultures

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


  Sexual acts between members of the same sex
• Where homosexuality is a crime

  • Male homosexuality is illegal in 72 countries
  • Lesbian relationships are illegal in 45 countries
  • In 6 countries, conviction can result in the death penalty
  • In some countries like Russia, homosexuality is not illegal but its 'promotion' is banned
• 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, it is legal
• Reasons why the law on homosexuality varies between cultures

  • Religion - many religions have traditionally condemned homosexuality
  • Public opinion - some countries with strong religious influence have high levels of rejection of homosexuality, while others like Russia are more tolerant
  • Sexism - the fact that male homosexuality is a crime in more countries than lesbianism may be due to sexist assumptions by male lawmakers
• Cannabis


  Possession for personal use is treated more leniently than growing, importing or supplying (dealing)
• Where cannabis is a crime

  • In the UK, possession can be punished with up to 5 years imprisonment and supply with 14 years
  • Many European countries have similar laws
• Where cannabis is legal

  • Some places have legalised possession for personal recreational or medical use
  • Others have also legalised its sale, including Canada and Uruguay
  • Some countries like Portugal have decriminalised possession for personal use
• Reasons why the law on cannabis varies between cultures

  • Different norms and values - societies with a greater emphasis on individual freedoms may see drug use as victimless or as an individual's right
  • Different ideas about how best to control drug use - some favour severe criminal penalties, others see legalisation or decriminalisation as a way to reduce harm
• 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 or over 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 UK law on homosexuality changed

  • The Wolfenden Report - recommended legalising homosexual acts between consenting adults over 21
  • Campaigns - by groups like the Homosexual Law Reform Society and Stonewall led to further changes
  • Politicians - such as Roy Jenkins supported the campaign for change
  • Human rights - the view that the state has no right to control citizens' private lives
• Changes in Portuguese drug laws over time

  1. 2001 - Possession of drugs changed from a crime to a civil offence if the quantity was less than for a ten-day personal supply

  2. The change applied to both 'hard' drugs like heroin and 'soft' ones like cannabis
• Reasons why Portugal changed its drug laws

  • Public health - drug use should be regarded as a public health issue aimed at harm reduction, rather than a criminal justice issue
  • Rapid growth in drug addiction after 1975 - by the 1990s, one in every 100 of the population was addicted to heroin
  • Cost savings - the new law was expected to reduce the costs resulting from drug use
• Users are referred to health and other support services rather than being prosecuted
• Since the change in the law, drug use has fallen sharply HIV infections among addicts are almost non-existent and deaths from drugs are now the lowest in Europe: around 4 per million of the population, compared with figures for England and Wales of around 44 per million
• Reasons why the law changed

  The basic reason for the change was 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 hero
• It was also felt that, 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
• As a result, 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 later 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

  • Public outcry following Hungerford and especially Dunblane
  • The Gun Control Network, set up by lawyers, academics and parents of victims to campaign for tighter gun control laws
  • 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
• Until the 13th century, 'the idea of childhood did not exist. Children were put out to work from an early age and were in effect 'mini-adults' with the same rights and duties as everyone else. The law often made no distinction between children and adults, and children could face the same severe punishments as those handed out to adults
• Over time, the idea of childhood as a separate stage in life gradually developed and society became more 'child-centred Parents invest a great deal in their children both emotionally and financially, and the state takes a great interest in their wellbeing
• Changes in the law relating to children

  • Laws excluding children from paid work
  • Compulsory schooling introduced in 1880
  • Child protection and welfare legislation, such as the 2004 Children Act
  • Children's rights - The Children Act defines parents as having 'responsibilities' rather than 'rights' in relation to children, while the United Nations Convention on the Rights of the Child (1989) lays down basic rights such as entitlement to healthcare and education, protection from abuse and the right to participate in decisions that affect them, such as custody cases
  • Laws and policies that only apply to children, such as minimum ages for a wide range of activities, from sex to smoking, reinforce the idea that children are different from adults so different rules must be applied to their behaviour
• Capital punishment is now regarded as a breach of the most basic human right- the right to life
• Nothing can be done to correct a miscarriage of justice, where a person executed is later proven to have been innocent