Artikel

Strafrecht en maatschappij

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Abstract

Criminal law and society - The definition of “crime” is essential to a scientific approach of criminal behaviour. Although the legal definition of crime does not in fact provide a satisfactory category for our purpose, this difficulty cannot be overcome by resorting to a sociological concept of crime as the sociological view is based on a subjective appraisal of antisocial behaviour. The uniqueness of criminal law as a sui generis norm is pointed out. Criminal law fulfills a basically conservative function in organized society. A brief survey of the historical development indicates that both the form and the content of social sanctions underwent a fundamental change with the birth of the State and the cristallization of a privileged stratum. Several instances are given of the changing content and function of specific crimes as a result of social evolution. The legal norm is shown to be laid down by the ruling minority. Law appears to be, in fact, the coercitive branch of the pressure exerted by the ruling class towards conformity. Social discrimination would seem to be inherent in criminal prosecution, police action and criminal justice. The fundamental ambiguity of public opinion with respect to the prosecution of delinquents, youth rebellion against authority and the strained relations between the police and the public are seen as a result of “class” justice. As crime is related to the total social complex, a scientific study of criminal behaviour implies a critical analysis of the social structure itself.

How to Cite:

Weinstock, N., (1966) “Strafrecht en maatschappij”, Tijdschrift voor Sociale Wetenschappen 11(4), 375–399. doi: https://doi.org/10.21825/tvsw.95757