Crime is a social construct

• Illegal in the UK but not other places

  • Certain drugs
  • FGM
  • Age of consent/drinking/driving
• Legal in the UK but not other countries

  • Ability to drink
  • Gay marriage
  • Women's right to vote
• Crime is an artificial construct invented by society
• Crime is a not a natural occurrence- there's no such thing in the wild
• Criminality is whatever society decides is criminal
• This means crime differs between societies
• Crime changes over time
• How laws change from culture to culture
• Polygamy


  The practice of having more than one partner at the same time (legally), there are two forms: Polygyny - a man has two or more partners, Polyandry - a woman has two or more partners
• Polygamy legality


  • Polygyny is legal in 58 countries
  • Polyandry is only legal in a handful of countries
  • Polygamy is illegal in every other country
• In the UK anyone who has multiple marriages is committing bigamy and is punishable by 7 years imprisonment
• Polygamy legality based on religion

  • The Quran permits Muslim men to have up to 4 wives and this is reflected in Muslim majority laws
  • Mormons practised polygamy until 1890 and it continues to be practised illegally in the USA
• Polygamy legality based on tradition


  Polygamy is traditional in African societies although it is sharply declining
• Adultery


  Involves a sexual act between two people, one or both are married to another person
• Adultery legality


  • It is a crime in most Muslim majority countries, Christian areas of Africa, Philippines, Taiwan and 21 US states
  • It is legal in most countries including the UK and in India it was legalised in 2018
• Homosexuality legality


  • Male homosexuality is illegal in 72 countries
  • Female homosexuality is illegal in 45 countries
  • In 6 countries it can result in a death penalty
  • Many countries which do not criminalise homosexuality still do not allow couples to adopt or marry
  • Homosexuality is legal in the UK, Europe, and both Americas
  • It is illegal in many Muslim countries but in the largest it is legal
• Many religions including Christianity, Islam and Judaism have banned homosexuality
• Countries where religion has a strong influence over law making are more likely to have laws making homosexuality a crime
• Public opinion polls show higher levels of support for bans on homosexuality in some countries where religion has a strong influence e.g. Egypt
• The fact that male homosexuality is a crime in more countries than female is mainly due to the sexist assumption that females cannot experience same sex attraction
• Cannabis laws


  • Possession of cannabis for personal use is treated more leniently than growing, importing or supplying
  • In the UK, possession can be punished with up to 5 years imprisonment and supplying with 14 years
  • However, sentences are typically far lighter and for possession may often be a fine or discharge
  • Many other countries have similar laws
  • It is legal for recreational or medical uses in some places
  • Other places have legalised sales including Canada and Uruguay
• Differences in laws on cannabis to some extent reflect differences in norms, values and attitudes between societies
• Societies with greater emphasis on individual freedoms may see drug use as victimless or as an individual's right to do as they wish with their body
• Lawmakers in some societies take the view that the best way to prevent drugs causing harm is by taking a tough stance to deter their use, favouring severe criminal penalties even for possession which is seen as a gateway drug leading to drugs such as heroin
• In contrast some lawmakers see legalisation as a way to take cannabis out of the hands of criminals and reduce harm
• India legalised adultery


  2018
• How laws change over time in the UK

  1. All homosexual acts between men were made a crime in 1885, with a maximum sentence of life imprisonment

  2. Homosexual acts between males ages 21 or over were legalised in England and Wales in 1967, in Scotland in 1980 and Northern Ireland in 1982 (lesbian acts had never been illegal)

  3. The age of consent was reduced to 18 in 1994 and then equalised with heterosexuals at 16 in 2000

  4. The British introduced many laws into their colonies during the period of the British empire, for example in 1861 they introduced a law making homosexuality a crime, which was struck down by India Supreme Court in 2018
• Reasons why the law changed

  • The Wolfenden report - a committee set up by Sir John Wolfenden to reform the law
  • Campaigns
  • Politicians
  • Human rights
• How gun control laws changed in the UK

  1. 1987 - Michael Ryan shot and killed 16 people

  2. 1996 - Thomas Hamilton shot and killed sixteen 5 year old children and 1 teacher in a school shooting

  3. Most weapons involved in the shooting were legally held

  4. Both men took their own lives at the scene

  5. As a result the law was tightened in 1997 following the government enquiry led by a senior former judge, Lord Cullen

  6. John Major's Conservative government introduced an act banning all handguns except .22 single shot weapons

  7. Following Labour's victory in the general election later that year, Tony Blair's government introduced a second firearms act, banning the remaining handguns as well
• Reasons for the change of gun control law

  • Public outcry following the Hungerford shooting
  • The Gun Control Network campaign
  • The Snowdrop campaign
• Apart from some historic and sporting weapons, it is now illegal to own a handgun in GB
• Childhood


  • A social construct, how society has defined this has changed over time
  • In British society today childhood is considered 'innocent' and therefore are kept separate from adults and danger
• Phillipe Aries argued that until the 13th century there was no such thing as 'childhood' as the laws surrounding adults and children were the same
• James Bulger was murdered in 1993 by two older children as a result the law changed to make 10 year olds legally responsible for their own actions
• Historical punishments for criminal behaviour

  • Capital punishment (execution)
  • Corporal punishment (flogging, caning and branding)
• Capital punishment was finally abolished in 1965, corporal punishment was over time
• Reasons for the changes to punishments

  • Capital punishment is a breach of human rights
  • Miscarriages of justice
  • It is not actually a deterrent
  • Some people claim it is the long term reduce in violence
• In theory the law is applied equally to everyone however this is not always the case
• Moral panic can cause people to be treated more harshly in court such as the London riots, where minor crimes like theft were given more severe sentences
• Defences for homicides


  • Diminished responsibility (reduced mental capacity)
  • Loss of control (e.g. your partner cheated)
  • Automatism (involuntary act)