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DEVIANCE, CRIME AND LEGAL PROCESS - SOME COMMENTS ON THE CURRENT STATE OF THE SUBJECT IN AUSTRALIA AND NEW ZEALAND

NCJ Number
50814
Journal
Australian and New Zealand Journal of Sociology Volume: 14 Issue: 1 Dated: (FEBRUARY 1978) Pages: 20-24
Author(s)
A E HILLER; P O'MALLEY
Date Published
1978
Length
5 pages
Annotation
SEVERAL MAJOR ALTERNATIVE THEORIES ON THE SUBJECT OF DEVIANCE AND SOCIAL CONTROL WHICH HAVE COEXISTED IN RECENT YEARS WITH CONSIDERABLE DIVERSITY OF EMPHASIS AND METHODOLOGY ARE SURVEYED.
Abstract
THE INITIAL PLAN FOR THE SYMPOSIUM ON DEVIANCE, CRIME, AND LEGAL PROCESS CALLED FOR PAPERS THAT WOULD FOCUS UPON THE DEVELOPMENT OF RESEARCH INTO THE STRUCTURE OF THE LEGAL PROCESS, INSTEAD OF DEVIANCE IN GENERAL. THIS PLAN WAS MODIFIED BECAUSE THE PAPERS SUBMITTED LACKED SOPHISTICATED LABELING ANALYSES, AND DEMONSTRATED THAT MOST OF THE EMPIRICAL RESEARCH IN AUSTRALIAN SOCIOLOGY IS OF THE CONVENTIONAL POSITIVIST VIEWPOINT, CONCENTRATING ON THE APPROACHES OF INTERACTIONISM AND PHENOMENOLOGICAL LABELING. IT IS NOTED THAT CLEAR DIFFERENCES DO EXIST BETWEEN THE SUBMITTED PAPERS IN THE DEGREE OF SUBJECTIVISM AND/OR RELATIVISM ASSUMED BY THEIR AUTHORS ON WHETHER DEVIANCE IS BEING INVESTIGATED FROM THE POINT OF VIEW OF THE LABELED OR THE LABELER. THERE IS CONSIDERABLE CONTROVERSY OVER SUCH FUNDAMENTAL QUESTIONS AS THE DEFINITION OF DEVIANCE, THE STUDY OBJECTS IN THE SOCIOLOGY OF DEVIANCE, AND THE VALUE SYSTEM TO BE APPLIED IN SUCH STUDIES. THE DOCUMENT FURTHER OUTLINES THE ACADEMIC ARGUMENTS OF MARXIST OR CRITICAL SCHOLARS AGAINST THE TRADITIONAL LABELING PERSPECTIVE. ALTHOUGH LABELING IS SEEN TO REINFORCE THE IDEOLOGY OF ORDER WHICH OPPRESSES DEVIANTS, THE CRITICISM OF THE PREVAILING PARADIGMS HAS FAILED TO PRODUCE MORE THAN A PLAUSIBLE ALTERNATIVE APPROACH. A LIST OF FOOTNOTES AND REFERENCES IS INCLUDED. (TWK)

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