Lecture #2 – Criminology
History of Criminology and Criminal Law I
Mechanisms for dispute resolution have existed as long as humans have existed
(not as formal law, however)
Modes of Production: the dominant form of social and technical organization of
economic production in a society.
Humans lived in small kinbased communities and were reliant on eachother for
survival. Survival meant cooperation, and without the help of others, they would
not be able to live.
communication: it is believed that there was a very strong level of communication
within the group.
coercion: community would go on with the general majority. If you had a diff
opinion than the majority, you didn’t have the opportunity to voice it.
group interest: paramount, as necessary for survival. Everyone agreed that
everyone shared and that everyone was equal.
resolution of conflict: conflict was easier to manage because the bonds between
the members of society was strong. Everyone wanted to resolve conflict so that
they could get on with the business of living.
There was a lot of violence within these small communities, especially within those
Every kinbased community varied in ways to solve problems, but the majority of them
were “kinbased redress”, which could involve any of the following options for
Each involved a) scaled of punishment (lenient to severe), b) were victiminitiated, and
c) consisted of agreement and fairness.
Use of Advisors and Mediators:
some communities made use of advisors or mediators for dispute resolution:
Mediators were always men and had an accomplished status. Mediator’s role was
a bit more objective and helped avoid the conflicts in being resolves so harshly…
disputants brought conflicts to advisor advisor recommended solution
threat of reprisal
Elder’s council, chieftainships, and paramount chieftainships.
kinbased community organization began to shift towards more hierarchical
Tribalism: where social bonds primarily on people’s real or assumed descent from
an ancestor or group of ancestors, amnd this shared identification distinguishes
the group from outsiders.
Emergence of private property and inequality
Private property: people were able to accumulate surpluses and territory. People
begin to realize that they could benefit form others working for them
Woman became posessions… they were ownable by men
Selfinterest starts to emerge
made up of male (the eldest) representatives from families within the community
More formalized practices: more of an expectation that would be regarding the
type of appropriate language. Use of precedence to make decisions (what type of
punishment was used in the past and sue that as a reference for future or present
Decisions by the elders were considered final and binding: uninformal structure of
enforcement. Elders were able to direct local men to enforce punishment that they
more exclusive than elder’s council
determined by influence within the community: made up of men with the most
power in society
decidsions made were binding – power of enforcement
position of chief was permanent but he could step down or be overthrown by
helped to lay groundwork for formalization of legal system
common punishment: beatings, economic sanctions, fines. Punishments were
talked about with the community to discuss which puinishment would be ideal.
paramount chieftainships similar to structure of kingdoms
• brought together a number of partly autonomous villages or communities
under hierarchical rule of grand chief. Chiefs INHERITTED their position.
use of a “civil service”: draw members of community who also came form
powerful families to work for the chiefs and do what they say.
Paramount Chief oversaw court processes: court processes took place in capital
territory. Paramount Chief always had the final say.
a system of economic and social organixzzation found historically in several areas
of the world… the economic foundation of the system was the feudal manor that
included a central PODCAST
system of landlords comes into play here
Collective responsibility of tribalism ▯individual responsibility underlying
Anglosaxon lords conso