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Legislation of Crime and Delinquency - A Review of Theory, Method, and Research

NCJ Number
73172
Journal
Law and Society Review Volume: 14 Issue: 3 Dated: (Spring 1980) Pages: 603-628
Author(s)
J Hagan
Date Published
1980
Length
26 pages
Annotation
A number of North American case studies are reviewed to clarify the theoretical and methodological limitations, prospects, and findings of the literature on criminal lawmaking.
Abstract
Two principal theoretical perspectives of criminal lawmaking are reviewed: 'moral functionalism,' which asserts that Anglo-American laws are an expression of values and customs widely shared in society, and 'moral Marxism', which holds that Anglo-American laws are a fusion of economic and political interests to the exclusion of other concerns. The problems in supporting these rival theories are discussed through the example of an analysis of the origins of theft laws. A large number of empirical studies concerned with the origin of laws are then reviewed. They are grouped into three categories: (1) delinquency and probation, (2) alcohol and drug abuse, and (3) prostitution and sexual psychopathy. The research does not support the characterization of criminal laws as good or bad solutions to 'problems,' an image developed in both moral functionalism and moral Marxism. Although there is evidence that business or capital took an active interest in some of the legislation examined, this influence did not predominate. The clearest finding to emerge was that large numbers of interest groups participated in legislative activities. Lawmaking situations wre further complicated by the differing perspectives held by the interest groups. The greatest research difficulty lay in discovering the opposition or support that legislative efforts elicited in the general population. The linchpin in the dynamics of lawmaking is the media. The laws examined all received considerable media attention. What remains in doubt is the causal significance of the media and the factors that influence media attention. Implications of the studies for future research are discussed. Tabular data and references are provided.

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