Social Construction of Crime and Deviance » Cultural Differences in Crime Definition

What you'll learn this session

Study time: 30 minutes

How crime and deviance are socially constructed concepts
Cultural differences in defining criminal and deviant behaviour
How legal systems vary across different societies
The impact of cultural values on crime definition
Case studies of cultural variations in crime definition

🔒 Unlock Full Course Content

Unlock This Course

Introduction to Cultural Differences in Crime Definition

Have you ever wondered why something considered a crime in one country might be perfectly legal in another? Or why behaviours that shocked people 50 years ago are completely normal today? This is because crime and deviance aren't fixed concepts they're socially constructed and vary across different cultures and time periods.

Key Definitions:

Social construction: The idea that something is created and defined by society rather than existing naturally.
Crime: Behaviour that breaks the law and can be punished by the legal system.
Deviance: Behaviour that breaks social norms but may not necessarily break laws.
Cultural relativism: The view that behaviours should be understood within their cultural context.

💭 Crime vs Deviance

Crime is officially defined by laws, while deviance is about breaking social norms. For example, picking your nose in public is deviant (breaks social norms) but not criminal (doesn't break laws). Meanwhile, speeding is both deviant and criminal in most societies.

💡 Social Construction

Crime and deviance are socially constructed because societies decide what behaviours to label as criminal or deviant. These definitions aren't natural or universal they're created through social processes, influenced by power, culture and history.

How Culture Shapes Crime Definition

Culture plays a massive role in determining what behaviours are considered criminal. What's perfectly acceptable in one culture might be deeply offensive or even illegal in another. Let's explore how cultural differences influence crime definition:

Legal Systems Around the World

Different societies have developed various legal systems that reflect their cultural values, historical experiences and social priorities:

⚖ Common Law

Used in the UK, US and former British colonies. Based on precedent (previous court decisions) and emphasises individual rights.

📚 Civil Law

Common in continental Europe. Based on detailed legal codes and less reliant on precedent. Judges actively investigate cases.

🕋 Religious Law

Systems like Sharia (Islamic law) or Halakha (Jewish law) where religious texts and principles form the basis of legal codes.

Examples of Cultural Variations in Crime

Let's look at some specific examples that show how cultural differences affect what's considered criminal:

🍷 Alcohol Consumption

In the UK, drinking alcohol is legal for adults and culturally accepted. However, in Saudi Arabia and some other Muslim-majority countries, alcohol consumption is illegal and punishable by law, reflecting Islamic prohibitions.

🚬 Cannabis Use

Cannabis laws vary dramatically worldwide. In the Netherlands, small-scale possession is tolerated. In Canada and some US states, it's fully legal. Yet in Singapore, drug possession can result in the death penalty.

💍 Marriage Practices

Polygamy (having multiple spouses) is illegal in the UK and most Western countries but legal and culturally accepted in parts of Africa and the Middle East. Meanwhile, same-sex marriage is legal in some countries but criminalised in others.

📄 Freedom of Speech

In the US, freedom of speech is strongly protected, even for offensive speech. In contrast, many European countries have hate speech laws that criminalise certain forms of expression. In authoritarian states, criticising the government can be a serious crime.

Case Study Focus: The Changing Status of Homosexuality

Homosexuality provides a clear example of how crime definitions change over time and across cultures:

UK: Homosexual acts were criminal until 1967. Today, discrimination against LGBTQ+ people is illegal and same-sex marriage is legal.
Global variation: As of 2023, same-sex relationships are legal in about 130 countries but remain criminalised in about 70 countries. In some countries like Uganda, penalties have recently become more severe.
Why the difference? Religious values, historical factors and political systems all influence these variations.

Factors Influencing Cultural Differences in Crime Definition

Several key factors shape how different cultures define crime:

Cultural Values and Beliefs

A society's core values strongly influence what behaviours it criminalises:

Individualism vs Collectivism: Individualistic societies (like the UK) tend to emphasise personal freedoms, while collectivist societies may criminalise behaviours that harm group harmony.
Religious Influence: Religious beliefs often shape moral codes that influence laws. Countries with strong religious influence may criminalise behaviours considered sinful.
Traditional vs Progressive Values: More traditional societies often have stricter laws around sexuality and gender roles.

Power and Control

Crime definition is also about who has the power to define what's criminal:

Political Systems: Authoritarian regimes often criminalise political dissent, while democracies typically allow more political freedom.
Economic Interests: Powerful economic groups may influence laws to protect their interests.
Colonialism: Many former colonies inherited legal systems from colonial powers, which may not align with local cultural values.

Case Study Focus: Criminalisation of Environmental Harm

How different cultures treat environmental damage shows significant variation:

New Zealand: In 2017, the Whanganui River was granted legal personhood, meaning harming the river became legally similar to harming a person.
Norway: Has some of the world's strictest environmental crime laws, with heavy penalties for pollution.
Contrast: Many countries have weak environmental protection laws, treating environmental damage as a minor regulatory issue rather than a serious crime.

This shows how cultural attitudes toward nature and the environment shape what's considered criminal.

Changing Definitions Over Time

Crime definitions don't just vary between cultures they also change within societies over time:

📅 Historical Changes

Behaviours once criminalised in the UK that are now legal include suicide (decriminalised in 1961), homosexuality (partially decriminalised in 1967) and abortion (legalised under certain conditions in 1967). These changes reflect shifting social attitudes and values.

🚀 Emerging Crimes

New technologies create new crime categories. Cybercrime, online harassment and identity theft weren't in legal codes 50 years ago. Environmental crimes have also gained importance as awareness of ecological issues has grown.

Why Understanding Cultural Differences Matters

Understanding that crime is socially constructed and varies across cultures is important because:

It helps us avoid ethnocentrism (judging other cultures by our own standards)
It reveals how power shapes what gets defined as criminal
It shows that laws reflect social values rather than universal moral truths
It helps explain conflicts when different cultural groups live together
It allows us to question and reform our own legal systems

Remember: When studying cultural differences in crime definition, we're not saying that "anything goes" or that all definitions are equally valid. Rather, we're recognising that crime definitions are products of specific cultural contexts and power relationships, not universal or natural categories.

🔒 Test Your Knowledge!