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NATIONAL LAW INSTITUTE UNIVERSITY

BHOPAL (M.P.)

A RESEARCH PROJECT ON
THEORY OF WILLEM BONGER

SUBMITTED TO:

DR. P.K. SHUKLA

(FACULTY: CRIMINOLOGY AND PENOLOGY)

SUBMITTED BY: ADITI SINGHVI

ROLL No. 2015LLM04

TRIMESTER II

LLM
ACKNOWLEDGMENTS

At the outset, I would like to express my heartfelt gratitude and thank my teacher, Dr. P.K.
Shukla for putting his trust in me and giving me a project topic such as this and for having the
faith in me to deliver. Sir, thank you for an opportunity to help me understand and learn
something new.

My gratitude also goes out to the staff and administration of NLIU for the infrastructure in the
form of our library and Computer Lab that was a source of great help for the completion of this
project.

Aditi Singhvi

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Contents
INTRODUCTION ............................................................................................................................................. 4
CRIME AND CAPITALISM ............................................................................................................................... 5
CAPITALISM AND EGOISM ............................................................................................................................ 6
MILITARISM ................................................................................................................................................. 10
CRITICISM .................................................................................................................................................... 13
METHODS FOR CURBING CRIME................................................................................................................. 13
CONCLUSION............................................................................................................................................... 14
BIBLIOGRAPHY……………………………………………………………………………………………………………………………………….15

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INTRODUCTION
Dutch criminologist, Willem Bonger, believed in a causal link between crime and economic and
social conditions. He asserted that crime is social in origin and a normal response to prevailing
cultural conditions. In more primitive societies, he contended that survival requires more
selfless altruism within the community. But once agricultural technology improved and a surplus
of food was generated, systems of exchange and barter began offering the opportunity for
selfishness. As capitalism emerged, there were social forces of competition and wealth, resulting
in an unequal distribution of resources, avarice and individualism. Once self-interest and more
egoistic impulses assert themselves, crime emerges. The poor would commit crime out of need
or out of a sense of injustice. Hence, those with power exercise control and impose punishment,
equating the definition of crime with harm or threat of harm to the property and business
interests of the powerful.
Although the inherent activities comprising, say, a theft, may be identical, theft by the poor will
be given greater emphasis than theft by the rich. This will have two consequences: direct which
will increase the pressure for survival in an unequal society, and indirect in that it will increase a
sense of alienation among the poor He believed that poverty alone could not be a cause of crime
but rather poverty coupled with individualism, materialism, false needs, racism, and the false
masculinity of violence and domination among street thugs.

OBJECTIVE
The objective of this research project is analyse the criminological theory of Willem Bonger on
Crime and Capitalism and study its relevance in present times.

RESEARCH METHODOLOGY
Doctrinal Method of research has been used.

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CRIME AND CAPITALISM
As a young man, Bonger studied law at the University of Amsterdam. It was here that he became
well acquainted with the work of Marx and was inspired to study the political economy of crime
by G. A. van Hamel, a renowned penologist who was his criminal-law professor. While Bonger
made several major contributions to criminology in the areas of racism and criminal justice,
suicide, penal philosophy, militarism, and war, it was the English translation of Criminality and
Economic Conditions (1916) that proved to be his most enduring and the one most relevant to
this chapter. According to Bonger, capitalism is criminogenic. Put simply, capitalism‟s brutality
creates conditions under which crime is not only produced but flourishes.1 For Bonger, crime and
capitalism are connected in three fundamental ways. Bonger employed the historical materialism
of Marx and Engels in illustrating the first of these connections: the development of criminal law
in unison with the exaggeration of property rights. Hence, for Bonger the history of theft is the
history of private property. Much of criminal law was created to protect the property of the haves
from the have-nots. Connected to this was Bonger‟s second major posit: that crime is engendered
by the miserable conditions forced upon the working class in the emergence of industrial
capitalism. Finally, and most prescient for the consideration of crime under late modernity,
Bonger theorises that the economic logic of capitalism promotes endless greed and fosters crime.

In building his argument that the causes of crime have a basis in society in Criminality and
Economic Conditions, Bonger first critiqued the more common viewpoint at the time that crime
was caused by factors resting within the individual, either because of their free will to choose
their own actions, including criminal behaviors, or by their biological makeup. In developing this
argument, Bonger explored a number of scholars who had examined the causes of crime from
various standpoints, including philosophers, spiritualists, biologists, sociologists, and bio-
sociologists, and he compared each school's discussion of the origins of crime. Bonger refuted
each school's claims and noted that the link between crime and the economic conditions in a
country was the most compelling argument.

1
J. M. Van Bemmelen, Pioneers in Criminology: Willem Adriaan Bonger, The Journal of Criminal Law, 46
Criminology, and Police Science 293 (1955)

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In more primitive societies, he contended that survival requires more selfless altruism within the
community. However, once agricultural technology improved and a surplus of food was
generated, systems of exchange and barter offered the opportunity for selfishness. As Capitalism
emerged, there were social forces of competition and wealth, resulting in an unequal distribution
of resources, avarice and individualism. Once self interest and more egoistic impulses assert
themselves, crime emerges. The poor would commit crime out of need or out of a sense of
injustice. Hence, those with power exercise control and impose punishment, equating the
definition of crime with harm or threat of harm to the property and business interests of the
powerful.

Although the inherent activities comprising, say, a theft, may be identical, theft by the poor will
be given greater emphasis than theft by the rich. This will have 2 consequences: direct which
will increase the pressure for survival in an unequal society; and indirect in that it will increase a
sense of alienation among the poor.

Bonger believed crime in the streets was a result of the miserable conditions in which workers
lived in competition with one another. He believed that poverty alone could not be a cause of
crime but rather poverty coupled with individualism, materialism, false needs, racism, and the
false masculinity of violence and domination among street thugs.

CAPITALISM AND EGOISM


A primary purpose of capitalism is for people to make a profit. Under capitalism, production is
for the sake of exchange rather than for personal consumption. In other words, people do not use
the goods they produce; they exchange those goods for money or other goods or services. In any
exchange, people try to maximize their own profit while minimizing the profits of others.
Capitalism has benefits, including the fact that all people have the potential to obtain wealth and
that a competitive market makes products better and cheaper.

Machinery becomes more and more developed and a great part of capital is composed of
machines. The introduction of machines has taken place because they economize labor. Thus a
certain number of workmen find themselves without occupation. It is true that there is a

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mitigating circumstance, namely that there is an increased demand for labor in other branches
(manufacture of machines), but this demand can never be as great as the amount of labor
rendered superfluous by machinery, for otherwise machines would never have been introduced.
However short the apprenticeship required by modern industry, it is nevertheless impossible for a
workman to change from one branch to another at short notice. Thus the consequences for
workmen thrown out of employment continue to be serious notwithstanding the increased
demand in another branch. The only case in which the introduction of machines will occasion no
unemployment will be when the demand for commodities increases extraordinarily, as, for
example, when a new market is opened up.2

However, there is a societal drawback. The capitalist mode of production creates and fosters
egoism in people. Egoism refers to placing one's own self-interests above the interests of others;
it is the opposite of altruism, which refers to placing the interests of others above those of
oneself. According to Bonger, humans are intrinsically altruistic, and he based this assumption
from an examination of helping behaviors of other animals and by looking at more “primitive”
human societies, mainly Native American tribes, which were described as kind, hospitable, and
focused on helping each other.

Bonger highlighted that egoism itself does not make people criminal but can make people more
capable of crime. Capitalism either creates or reinforces egoism by lessening any altruistic
instincts and by weakening the “moral force in man which combats the inclination towards
egoistic acts” including criminal ones. The change toward capitalism drives people to be more
ambitious and greedier and to develop “egoism at the expense of altruism”. When people are
looking out for themselves above all others, they lose compassion for others and “a great part of
morality disappears”

Although egoism is the primary cause of crime under capitalism, crime also occurs as a result of
the demoralization of people who live in poorer conditions.3 Bonger described various social
institutions, such as marriage and family, and how capitalism can weaken these institutions. For

2
Willem Bonger Present Economic System, https://www.marxists.org/subject/economy/authors/bonger/present-
system.htm(last accessed on 12.11.2015)
3
Sociological Factors in Crime,http://www.integratedsociopsychology.net/Crime-Sociological_Factors/1stMarxistth
eoryofcrime-WillemAdriaanBon.html(last accessed on 12.11.2015)

Page | 7
example, women must marry in order to obtain social and financial security; those who are
unable to attain financial security in that way may turn to prostitution. Bourgeois children are
spoiled by luxury, whereas proletariat children are not taught proper morals that would keep
them out of crime. He argued that the children of the proletariat need to work in factories to help
earn money for their families, thereby lessening prosocial intellectual and moral education.
Instead, their work brings them into contact with older people who may teach them poor moral
values and egoism, which in turn leads to the greater likelihood of crime. Many poorer children
will be raised in this poor environment in which they have little education other than beatings
from their parents, which can habituate them to violence; therefore, a tendency to violence is
taught at a young age.4 By the effects of capitalism destroying the traditional cultural values and
informal social controls, and promoting hedonism and selfishness, people are no longer
prevented from committing harmful acts. Crime becomes a rational response to capitalist
exploitation.

The problems of capitalism can be used to explain a variety of crimes, from minor crimes to
more serious offenses. For example, vagrancy and begging are more common under capitalism
because there will always be some people who are unable to sell their labor. Furthermore,
Bonger noted that as an example of how poorly paid some laborers are, it can even be more
profitable to beg than to work. Next, because in a capitalist society having possessions can be
viewed as success, people who cannot afford these possessions may turn to crime, especially
theft, to attain greater status in the views of others. As an example of violent crime, the economic
situation influences the amount of rape by affecting whether people can marry; marriage, in turn,
limits these crimes. Members of the proletariat are less likely to be able to afford to marry, and
therefore must satisfy their sexual urges illegally. Women's inferior social position along with
alcoholism, a more common affliction among the proletariat, and “sexual demoralization and
lack of civilization” can lead members of the proletariat to rape.

However there are still other causes of forced unemployment. Such are the introduction of the
labor of women and children, the migration of rural workers to the cities, immigration from
backward countries, and the supplanting of small businesses, by which members of the lower
middle class are forced down into the proletariat.

4
Id.

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The causes of overpopulation are found, then, in the system of production itself, and not in a too
great increase of the population; a conclusion to be drawn also from the fact that as far as actual
productivity of labor is concerned each produces more than enough for his needs. There are,
then, always a number of persons who desire to work but cannot find employment. In periods of
crisis the number of these increases enormously. The so-called “reserve army of labor” is a
condition indispensable to capitalism. Without it sudden development in periods of prosperity
would be impossible. Without it also the power of organized labor would become so great that
the surplus-value would run serious danger. It is just because the supply of labor exceeds the
demand that the power of the capitalists over the workmen is so great, and also that it happens so
often that the interests of the workmen are thwarted.5

Bonger defined crime in the formal sense as, „A crime is an act committed within a group of
persons who form a social unit, and whose author is punished by the group as such, or by organs
designed for this purpose, and this by a penalty whose nature is considered more severe than that
of more disapprobation.6

Bonger identifies many evils in the capitalist system which are conducive to the spread of
criminal behaviour i.e. child labour, long hours of work by workers, illiteracy.7

According to Bonger motives for economic crimes can be subdivided into three: they could be

(i) crime of poverty,


(ii) crimes of cupidity and
(iii) professional crimes.

All three he attributed to social arrangements which encouraged of extremes poverty and wealth.
He believed that poverty was a major cause of such crimes as theft. Cupidity he placed next in
importance. Theft from this motive tended to increase rather diminish in times of prosperity. This
was because at such times people‟s want increased whilst many of them were unable to satisfy

5
Supra note,2
6
Mayank Mahendru, Criminology, http://mayank-lawnotes.blogspot.in/2007/01/criminology.html(last accessed
on 12.11.2015)
7
Id.

Page | 9
them in a lawful manner. The difference between rich and poor had been greatly increased by
capitalism and the wider the difference the more cupidity was stimulated.

Professional criminals were not responsible for a high proportion of theft as such but the more
serious offences such as burglary and robbery were almost exclusively theirs, professional crime
in the training of children to steal by their parents, who saw it merely as “work” and had no
qualms of conscience about it.

Militarism
There is a co-relation of militarism and the present economic system. This co-relation is so clear
that there are few persons who deny it. The motives which, under all other earlier modes of
production have engendered wars are principally of an economic nature. But besides these there
have been at times others; but we have not to enquire here what was in the last analysis their co-
relation with the mode of production of that day. The relation between capitalism and war is
always so close that we can find in the economic life the direct causes of the wars waged under
the empire of capitalism.8

As we have seen above in our exposition of the present economic system, a part of the surplus-
value that comes to the moneyed class is invested as new capital. The continually increasing
amount of capital does not readily find investment in full in a country where capitalism is already
in force. This is why the moneyed class desires to invest a part of the surplus-value in countries
whither capitalism has not yet penetrated. If the inhabitants of the country chosen as field of
operation are opposed to this, or if the same country is coveted by other capitalistic powers, the
resulting antagonism, generally leads to war.

In the second place, the producers can sell in their own country only a part of the increasing
quantity of their products; whence come their efforts to find an outlet into other countries. But as
capitalism expands with increasing rapidity over the whole world, the difficulty of finding a
country in a position to buy, or to which capitalism has not yet penetrated, becomes greater and
greater. Encounters with other capitalistic powers pursuing the same end are the inevitable
consequence.

8
W.A. Bonger, The present economic system,
https://www.marxists.org/subject/economy/authors/bonger/present-system.htm(last accessed on 12.11.2015)

Page | 10
It is upon the State that the task is imposed of finding new territories where capital may be
invested, or new outlets for goods which do not find purchasers in the country where they are
produced.9 Beside the duty of the State to maintain a certain order in a society confused and
complicated through the nature of our economic life there is its more important duty of warding
off other groups of competitors, or even at need attacking them by force of arms.

But the army serves not only to act against the foreigner, it has equally a domestic duty to fulfill.
In the cases where the police cannot maintain order the army reinforces them. The army must
especially then be active at the time of great strikes, when so-called free labor is to be protected,
that is when employers are trying to replace the striking workmen with others who, in
consequence of poverty, or lack of organization, put their personal interests above those of their
comrades. Also it has its part to play in connection with great political movements like that to
obtain universal suffrage, for example.

Our present militarism, is, therefore, a consequence of capitalism. The double duty of the army
proves it; for its function is to furnish the bourgeoisie with the means of restraining the
proletariat at home, and of repulsing and of attacking the forces of foreign countries.10

9
Id.
10
Id.

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CONCEPT MARXIST
The powerful oppressing the powerless (e.g., the bourgeoisie oppressing the
Origin of conflict
proletariat under capitalism).
Nature of conflict It is socially bad and must and will be eliminated in a socialist system.
Major
The owners of the means of production and the workers are engaged in the
participants in
only conflict that matters.
conflict
Only two classes defined by their relationship to the means of production,
Social class the bourgeoisie and proletariat. The aristocracy and the lumpenproletariat
are parasite classes that will be eliminated.
Concept of the It is the tool of the ruling class that criminalizes the activities of the workers
law harmful to its interests and ignores its own socially harmful behavior.
Some view crime as the revolutionary actions of the downtrodden, others
Concept of crime view it as the socially harmful acts of “class traitors,” and others see it as
violations of human rights.
The dehumanizing conditions of capitalism. Capitalism generates egoism
Cause of crime
and alienates people from themselves and from others.
With the overthrow of the capitalist mode of production, the natural
goodness of humanity will emerge, and there will be no more criminal
Cure for crime
behavior.

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CRITICISM
The victims of crime are simply ignored and the harm done by offenders is not taken into
account. The explanation for law creation and enforcement tends to be one dimensional, in that
all laws are seen as the outcome of the interests of the ruling class – no allowance is made for the
complexity of influences on law making behaviour.

Research to establish a relationship between their respective occupations and frequency of


committing crime has shown that poverty has no correlation with the frequency of convictions.
Cohen observed that honesty is not the monopoly of only the rich persons, many people lead an
honest and upright life despite their poor financial conditions.

Bonger‟s assertion that poverty is an essential condition of crime because a person is always
prepared to do anything to get relief from his miserable economic condition, seems untenable in
the light of the fact that even the wealthiest persons who are usually big industrialists,
businessmen, financiers or monopolists often resort to dishonest means such as black-marketing,
tax-evasion, etc., despite their huge earnings. This obviously does not support Bonger‟s theory of
criminality founded on poverty-delinquency relationship.

Bonger‟s view that capitalistic trend of society is responsible for criminality is also not wholly
true. The socialistic policies launched with a view to eliminating excessive profits and other evils
of capitalistic economy have equally failed to yield favourable results.

METHODS FOR CURBING CRIME


In order to eliminate most crime, Bonger advocated for a society based on community support
and a lack of material poverty. Culture, intellect, and wealth should not be limited to the benefit
of some people but rather should be enjoyed by all. If an economic system like capitalism is the
cause or rein-forcer of people's self-interestedness, then an economic system that supports
altruism would lessen people's egoism. According to Bonger, an economic system such as
socialism, or one in which people have more equal footing economically, would support altruism
and, in turn, reduce rates of crime.

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CONCLUSION
He tried to establish a co-relationship between poverty and delinquency. He further observed that
the influence of economic conditions on delinquency is essentially due to the capitalistic
economy which breeds disparity and leads to unequal distribution of wealth.
In an economic system based on capitalism, economic cycle of inflation and deflation are
frequent. Inflation gives rise to bankruptcy and insolvency with the result the persons affected
thereby are forced to lead an anti-social life and some of them may even resort to criminality.

Another peculiar feature of capitalistic economy is the competitive tendency among


entrepreneurs. When efforts fails to meet the competition, unlawful devices such as violation of
laws are committed by the manufactures. This gives rise to increase in crime-rate. There is yet
another danger of the capitalistic economy which contributes to enormous increase in crimes.
The employment of children and women furnishes soothing ground for criminality despite
effective legislative restriction banning their improper utilization in industrial establishments.
Employment of children as labour is a potential cause for crimes because a child who earns
spend his money on undesirable items, which ultimately drag him into the criminal world.

The theory propounded by Bonger no doubt indicates one very important basis of the cause of
criminality. He, however, ignores the tangle of interrelationships among social, cultural,
economic, political, religious and other sets of factors. According to his theory, the phenomenon
of crime should have come to an end, or at least controlled to a very great extent in socialist
countries like the USSR, which is not at all the factual position.

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BIBLIOGRAPHY

BOOKS

 Siegel, Larry J., Criminology, wadsworth Thompson Learning, (7th ed. 2012)
 McLaughlin, Eugene, Criminological Perspectives: Essential Readings, Sage Publications
(2003)

ARTICLES

 J. M. Van Bemmelen, Pioneers in Criminology: Willem Adriaan Bonger, The Journal of

Criminal Law, 46 Criminology, and Police Science 293 (1955)


 Willem Bonger Present Economic System,
https://www.marxists.org/subject/economy/authors/bonger/present-system.htm
 Sociological Factors in Crime,http://www.integratedsociopsychology.net/Crime-Sociolog
ical_Factors/1stMarxisttheoryofcrime-WillemAdriaanBon.html
 W.A. Bonger, The present economic system,
https://www.marxists.org/subject/economy/authors/bonger/present-system.htm

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