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COMMON SENSE IN THE SOCIOLOGY OF LAW

NCJ Number
55048
Journal
American Sociological Review Volume: 44 Issue: 1 Dated: (FEBRUARY 1979) Pages: 18-27
Author(s)
D BLACK
Date Published
1979
Length
10 pages
Annotation
THE EFFORTS BY GOTTFREDSON AND HINDELANG TO TEST SOME OF THE THEORIES IN BLACK'S BOOK 'THE BEHAVIOR OF LAW' ARE CRITICIZED. THEIR CONCEPT OF CRIME IS LIMITED AND THE VICTIMIZATION DATA USED IS BIASED.
Abstract
THE ORIGINAL BOOK 'THE BEHAVIOR OF LAW' POSTULATES THAT PERSONS WHO ARE POOR, HAVE LESS EDUCATION AND LOWER STATUS JOBS, DO NOT HAVE A LARGE NETWORK OF SOCIAL RELATIONSHIPS, AND LIVE IN AREAS WITH LITTLE SOCIAL CONTROL HAVE LESS ACCESS TO THE LAW. GOTTFREDSON AND HINDELANG TESTED THIS SUPPOSITION BY USING DATA FROM THE NATIONAL CRIME SURVEY. THEY FOUND THAT POORER PEOPLE REPORTED CRIMES TO THE POLICE AS OFTEN AS WEALTHIER PERSONS. THE DECIDING FACTOR WAS THE SERIOUSNESS OF THE CRIME. THIS REBUTTAL CRITICIZES THE USE OF THE CRIME SURVEY DATA, CALLING IT BIASED AND NOT FULLY REPRESENTATIVE OF THE POOR PERSONS LEAST LIKELY TO BE SERVED BY THE LAW. IT IS ALSO SUGGESTED THAT THE WORD 'CRIME' IS VAGUE, THAT THE WORD 'SERIOUS' IS VAGUE, AND THAT A 'COMMON SENSE APPROACH' IS NEEDED. POLICE ATTITUDES TOWARD MARITAL VIOLENCE AS OPPOSED TO ASSAULTS BY STRANGERS OR TOWARD THEFTS AMONG FAMILY MEMBERS ARE CITED TO ILLUSTRATE DIFFERING INTERPRETATIONS OF 'CRIME' AND 'SERIOUS.' THE CONCLUSION STATES THAT SOCIOLOGICAL THEORY MUST BE DEVELOPED IN ITS PURE FORM. EXTENSIVE FOOTNOTES EXPAND THE ARGUMENT. REFERENCES ARE APPENDED. (SEE ALSO NCJ-55047 AND NCJ-55049).

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