SOCI 2P62 Study Guide - Midterm Guide: Ascribed Status, Malum Prohibitum, Obiter Dictum

152 views14 pages

Document Summary

Soci 2p62 sociology of criminal justice study notes. Corporations want to have power over our labour power and the state allows this relation. Therefore an arbitrary relation between civil and criminal law because of mensrea (prior knowledge to an outcome). Therefore we only have civil law because relations of private property do not exist. You are born with only your natural faculties. Crime" does not exist, it is a social construction. Consensus (durkheim): argued that within society there are some forms of behavior that cross cultural borders and are inherently bad no matter what society it is in (homicide, rape, theft). Predisposes that humans are naturally aggressive and selfish (life is a dog eat dog world). The state comes into criminalize what we already know is wrong but to punish it. If not criminal law against something than it is civil and therefore not harmful.