Culture, Crime and Law
Portion 1:
Introduction:
Good day everyone. Today we delve into the intricate web that binds culture, crime and law.
As we embark on this journey, lets first recognize that these elements are not isolated; they
coalesce to shape societies in profound ways.
Origin of culture:
The word culture originated from the Latin word ‘culture’, stemming from colere, meaning
to cultivate. The English word culture has been used in various concepts. In common
literature, it means social charm and intellectual excellence.
Definition:
According to E.B Tyler, “Culture is that complex whole which includes knowledge, belief,
art, morals, law, custom and any other capabilities”.
Clyde Kluckhohn has used an exclusive phrase for Culture as “Design for Living.”
Importance of culture:
Culture is crucial for shaping identity, providing a shared framework of values and norms
that foster social cohesion. It influences communication, behavior, and societal structure
playing a pivotal role in individual and collective experience.
Cultural Diversity:
Cultural diversity encompasses the variety of customs, traditions, belief, languages, and
expressions within a society or among different communities.
Elements of Culture:
Norms
Values
Symbols
Language
Myths
Customs
Rituals
Laws
Types of culture:
Material Culture
Non material culture
Sub culture
Counter culture
High culture
Popular culture
Law:
The word Law has two-fold meanings. In one aspect it signifies rules of action of nature and
in other, rules of human conduct and behavior set by man.
Definition:
Austin:
“Law is the aggregate of rules set by man as politically superior or sovereign to men as
politically subject.”
Demosthenes wrote:
“Every law is a gift of god and division of sages”.
Importance of law:
Law is the back bone of societal order, offering a structured framework that resolves
conflicts, safeguards individual rights and uphold justice. Essentially, law is indispensible for
creating a functioning and harmonious community preventing chaos and ensuring the well-
being of its members.
Demerits of its absence:
Without law, societal disorder prevails, individual rights are vulnerable, and resolving
disputes become challenging. The absence of legal structure jeopardizes community stability,
emphasizing the indispensable role of law in fostering a harmonious and just society.
Sources of law:
Legislature
Custom
Precedent
Crime:
Crime is an act or omission that society deems punishable by fine, probation or prison time.
Definition:
According to Elliot:
“Anti-social behavior which the group rejects and to which it attaches penalties.”
Reasons of crime:
Crime is a complex phenomenon influenced by various factors including socioeconomic
conditions, inequality, lack of education, and sometimes individual circumstances or mental
health issues. Understanding and addressing the root causes can contribute to crime
prevention.
Types of Crime:
Personal crime (such as assault , robbery)
Property crime (like burglary, theft)
Inchoate crime (attempted offenses)
Statutory crime (violation of specific statutes)
Financial crime (fraud , embezzlement)
Relation between culture and law:
Culture and law often share a symbiotic relationship. Legal systems are influenced by cultural
values, norms, and traditions. Laws are in part a reflection of societal beliefs and customs.
Conversely, legal framework can shape and influence cultural practices by setting boundaries
and expectations. The interaction between culture and law is dynamic which changes in one
often impacting the others as societies evolve and adapt.
Example:
Certainly let’s consider an example:
Cultural influence on privacy laws:
In some European countries, there is a strong cultural emphasis on privacy and personal data
protection. This cultural value is reflected in laws such as General data protection
Regulation (GDPR) implemented in 2018.
Cultural norms and gender based Laws:
Cultural attitudes towards gender roles influence laws related to issues like Domestic
violence, workplace discrimination and gender equality.
Relationship between culture and crime:
The relationship between culture and crime is complex and multifaceted, Cultural factors can
influence the prevalence and type of criminal activities in a society .Additionally, economic
conditions , educational opportunities and social structure within a culture can contribute to
the likelihood of criminal behavior.
Moreover, legal systems are often rooted in cultural values defining what is considered
criminal and establishing penalties for offenses.
Examples:
Certainly, let us explore some real-life examples that highlight the relationship between
culture and crime.
Honor Killing:
In certain cultures, honor killing may occur as a response to perceived violations of cultural
norms, particularly in cases of relationships deemed inappropriate or actions that are seen as
bringing shame to the family. This reflects how cultural values can influence criminal
behavior.
Cybercrime and technological culture:
The rise of cybercrime is closely tied to technological advancements and the culture of digital
connectivity. Hacking identity theft and online fraud demonstrate hoe criminal activities
adapt to exploit cultural shifts towards reliance and technology.
Conclusion:
Cultural values and norms influence both criminal behaviors and legal frameworks, creating a
dynamic landscape where societal expectations and legal responses are intricately linked. In
conclusion, the relationship between culture, crime and law is nuanced interplay that
significantly shapes the fabric of societies.
THANK YOU!
