The following is simultaneously an essay in sociological theory, in cultural sociology, and in the empirical reconstruction of postwar Western history. Per theory, it introduces and specifies a model of cultural trauma - a model that combines a strong cultural program with concern for institutional and power effects - and applies it to large-scale collectivities over extended periods of time. Per cultural sociology, the essay demonstrates that even the most calamitous and biological of social facts - the prototypical evil (...) of genocidal mass murder - can be understood only inside of symbolic codes and narratives; that these frames change substantially depending on social circumstances; and that this culture process is critical to establishing understandings of moral responsibility. Empirically, this essay documents, in social and cultural detail, using both secondary and primary sources, how it was that the `Holocaust' gradually became the dominant symbolic representation of evil in the late twentieth century, and what its consequences have been for the development of a supra-national moral universalism that may restrict genocidal acts in the future. (shrink)

This article focuses on the social construction of femininity in a reality television program, America's Most Wanted. The program blurs fact and fiction in reenactments of actual crimes. The analysis focuses on its depiction of women crime victims. A prior study argues that the program empowers women to speak about their victimization. Other research suggests that such programs make women fearful. The authors compare episodes from the 1988-1989 and the 1995-1996 seasons. Although women spoke about their victimization, (...) men spoke more often and presented master narratives about the crimes. In both seasons, the program imagery emphasized feminine vulnerability to violence from strange, devious, and brutal men and masculine technical expertise and authority as women's protection from such violence. (shrink)

Fé e crime na “quebrada”: pentecostais e PCC na construção da sociabilidade nas periferias de São Paulo (Faith and crime in the "quebrada": Pentecostalism and PCC in the construction of sociability in the outskirts of São Paulo). DOI: 10.5752/P.2175-5841.2014v12n33p99 Tratamos, neste texto, da convivência em um mesmo ambiente urbano de fenômenos aparentemente díspares como é o caso do pentecostalismo de um lado e, de outro, o crime organizado e a violência como seu modus operandi , ambos (...) representando expressões de sociabilidade e formação identitária nas periferias das metrópoles. Nesse contexto, o conceito de conversão precisa ser revisto dada a sua ineficácia para se compreender os processos sociais experimentados pelas populações dos bairros periféricos. Nesses bairros, ser pentecostal não é necessariamente uma opção de vida que exclui a participação na organização criminosa do Primeiro Comando da Capital - PCC. O artigo está dividido em dois tópicos: no primeiro, fazemos um breve levantamento dos estudos que trabalham com as diferentes formas em que a religião e a violência criam interfaces de contato. No segundo tópico procuramos apresentar nossas observações empíricas de uma comunidade pentecostal da qual faz parte um dos líderes locais do PCC. As conclusões são apontamentos que procuram manter abertas as portas para outras reflexões e dar continuidade à pesquisa mais do que para encerrar o debate. Palavras chaves : Pentecostalismo. PCC. Crime organizado. Conversão.In this paper we look at the coexistence, in the same urban environment, of seemingly disparate phenomena such as Pentecostalism on one side, and on the other the organized crime and violence as its modus operandi , two of the expressions of sociability and identity in the outskirts of the metropolis. In this context the concept of conversion needs to be revised given its ineffectiveness to understanding social and religious processes experienced by the populations of the suburbs. In these neighborhoods, be Pentecostal is not necessarily a lifestyle choice that precludes participation in a criminal organization like the Primeiro Comando da Capital, PCC. The article is divided into two topics: first, we made a brief survey of studies that work with the different ways in which religion and violence make some interfaces. After we tried to present our empirical observations about a Pentecostal community in which a PCC local leader is part of. The notes of the conclusion are looking to keep the doors open to other ideas and to continue the research more than to wind up the debate. Keywords : Pentecostalism. PCC. Organized crime. Conversion. (shrink)

This study integrates corpus-assisted text analysis with frame semantics to study a social problem. Taking a cognitive-linguistic approach to critical discourse studies, in this article I examine the linguistic construction of minors in a corpus of 489 articles from the Uruguayan newspaper El País in the context of the so-called ‘Criminal Imputability Referendum’. Throughout, I focus on the construal operation of framing and identify a host of discursive patterns via which minors and adolescents are recurrently placed within the (...) semantic frame CRIME, and within this, they profile the frame elements of perpetrators of violent crimes rather than victims. I argue that, in the context of the referendum, these discursive strategies run the risk of facilitating the consolidation of a strong conceptual link whereby youth become readily associated with criminality, and are subservient to the political views of groups supporting a lower cut-off age for criminal responsibility and more stringent punishments. The observations arrived at in this instance set the foundations for a future experimental study testing whether the discursive patterns unearthed here have an effect on how readers conceptualize minors outside the texts. (shrink)

This collection of essays approaches the issue of crime from the perspective of criminology, which is traditionally concerned with the nature and causes of crime. Radical or Marxist criminology (RMC) became prominent in the late 60s. This strand of criminology is concerned with how class formation, class structure and crime are related. It is assumed that the motivation to commit crimes is not innate to individuals but is a result of social conditions. RMC’s most important premise (...) is that the structure of the production process shapes the construction of various classes as well as shaping a concomitant power structure (i.e., who owns the means of production and who controls the labour power). Most importantly, for the discussion of crime, economic power can be translated into political power (e.g., through lobbying or funding of political campaigns/candidates). (shrink)

This article considers the social construction of mental toughness in line with prevailing social attitudes towards success and dominance in elite sport. Critical attention is drawn to the research literature which has sought to conceptualise mental toughness and the idealistic rhetoric and metaphor with which it has done so. The concept of mental toughness currently reflects an elitist ideal, constructed along the lines of the romantic narrative of the ‘Hollywood hero’ athlete. In contrast, the mental and moral (...) virtues which should form the basis of mental toughness are often neglected when an athlete ‘fails’. Currently, mental toughness exists as a characteristic used to describe successful athletes and is only applied in hindsight. Finally, we recommend that the morally problematic association of mental toughness (within the media, society, and the research community) with ultimate success needs to be removed in order to rescue the concept from the elitist discourses which currently surround and suffocate it. (shrink)

Examines the American Psychological Association Memories of Childhood Abuse report, which contains the opposing view points of 2 subgroups of the working group that produced the report, the clinicians and the researchers. The author views the Final Report of the working group as an exercise in alternative methods of truth making. In the development of his analysis, the author explains his choice of the term "truth-making" rather than "truth finding." The process of constructing truths and the possibility of resolving contrary (...) claims to truth is discussed. The author's remarks are intended as a scaffold for an understanding of why the clinicians and the researchers could find little common ground. 2012 APA, all rights reserved). (shrink)

We examine 575 randomly selected articles on Zimbabwean immigrants from the South African Media database to expose discourses of exclusion and the production of the psycho-social condition – moral panic. We use critical discourse analysis, notions of remediation and immediacy to scrutinize discourse structures and other discursive strategies designed to conceal mediation and authorial prejudices, and to make the reader ‘experience’ the actual content. In addition to making the anti-immigrant rhetoric appear legitimate, and the danger immediate and real, we (...) argue that the apparent seamless content is often biased by selection and structured in such a way as to deny voice to immigrants and their advocates. Among other things, we conclude that since the readers’ interpretations are filtered through lenses of subjectivities defined by communicative contexts characterized by job scarcity, poverty, crime and wanting healthcare, the news content heightens anxiety and miseducates more than it enlightens readers on migration issues. Hence there is a danger of SAM becoming unwitting conveyors of the same vices they preach against. (shrink)

Applying social construction theory to the study of other animals, this article reports research conducted on ecotourist constructions of orangutans. Two "stories" dominated: Orangutan as Child and Orangutan as Pristine. The cultural and historical specificity of these constructs as well as their implications for conservation are discussed.

Experience from a three-year Home Office funded evaluation of a project intended to reduce school exclusions is used to explore methodological dilemmas raised by the current emphasis upon 'evidence-based' policy formation. The social construction of school exclusion rates poses problems of reliability and validity, especially when such rates are simultaneously being used for target setting. In principle, the concept of 'evidence-based' can refer to a wide variety of research questions and appropriate research methodologies. Despite this, moves towards interpreting (...) 'evidence-based' as predominantly measurement and outcomes oriented can be found both in government evaluation guidelines and in procedures for systematic reviews of research. Given the complexity of educational innovations, any neglect of research into the processes of change in naturalistic settings will not only lead to a restricted awareness of a project's impact but also to a failure to understand what certain apparent outcomes actually mean. (shrink)

If—as many scholars aver—gender is not a biological but rather a social fact, then how is it possible for someone assigned to the category Man at birth at some point later to feel or otherwise experience a personal (as contrasted with social) reality as a woman? If gender is social, how could a statement of the form “I feel like a woman” be true for such a person? This paper aims to defuse the apparent tension, by articulating (...) an account of the construction of oneself-as-gendered (which we may refer to as a gender token), within the wider context of social construction. The aim is to illuminate the differences between constructions of gender tokens, on the one hand, and the social constructions of gender types (known just as gender), on the other. Illuminating both as constructions, but of distinct origins and requiring differential degrees of social collaboration, defuses the tension. (shrink)

The paper brings into discussion the social construction of organization and proposes a new model in organizational development. The paper begins with a synthesis on the paradigm of social constructionism, emphasizing its utility in organizational studies. In times of uncertainty and rapid changes, a lot of organizations lose their missions and meanings, or have the capacity to reinvent and to thrive. The question is what makes the difference? In this line, the paper proposes a theoretical model, gathering (...) the social constructionism, relational constructionism, and appreciative inquiry. Using the grounded theory strategy, in-depth interviews and focus groups were developed with employees and leaders from nongovernmental organizations, Iasi, and Bacau Counties. Data are analyzed through NVivo program and present multiple perspectives regarding their activity in social field. The theoretical model may be an inspiration for organizations that are interested in achieving new ideas, solutions, and results. (shrink)

Although the testimony of mental health experts in custody cases is supposed to be scientific and objective, the experts' testimony in the Mary Beth Whitehead case was imbued with prevailing middle-class biases about good mothers and good parenting. Close review of the experts' reports fails to substantiate many of their assessments and recommendations and demonstrates instead a consistent bias in favor of the Sterns and against Mary Beth Whitehead.

ONKALO, the world’s first repository for the final disposal of spent nuclear fuel, is being constructed in Eurajoki, Finland. We study how the constructor of this facility portrays it to the local community in order to influence lay understanding of the disposal risk, build trust, and gain public approval for the construction project. The study is based on a framing analysis of the newsletters published by the constructor of the facility in 2000-2014. The results suggest that the nuclear industry (...) has developed increasing understanding of the social and communal aspects of public resistance to nuclear power. To create trust and to increase acceptance locally the industry is socially constructing a nuclear community around the repository. The gap between the nuclear experts and the local residents is narrowed and the repository is portrayed as being a shared project within the local community advancing the common interests of the industry and the residents. This may represent a new trend in pronuclear storytelling. (shrink)

This chapter contains sections titled: Constructivist Studies of Science and Technology The Origin and Development of the Social Construction of Technology The Social Construction of Technology as a Heuristics for Research Some Philosophical Questions Technology and Ideas Conceptual Issues Logic and Epistemological Issues Ethical Issues Issues of Political Philosophy Religious Issues References and Further Reading.

This chapter contains sections titled: References and Further Reading.

This book reformulates the sociological subdiscipline known as the sociology of knowledge. Knowledge is presented as more than ideology, including as well false consciousness, propaganda, science and art.

The predominant conception of the status of race is that race is a social construction. But what does it mean to say that a group, racially defined, is a social construct? How we understand the process of constitution and related identities is important beyond the conceptual reality or non-reality that defines the group. To this end, this dissertation explores two models of group constitution employed by Jean-Paul Sartre, the first from Anti-Semite and Jew, which bases group constitution (...) and identity on the gaze of the dominant Other, and the second from his later work, Critique of Dialectic Reason, Vol.1, which places the group as a prominent facilitator of history that produces itself in the domain of the Other. Both models show that the existence of group and group identity are constructed and as a result both reject claims of essentialism that may be ascribed to the group. However, I argue that the more nuanced conception of the social construction of the group, found in the Critique, envisages a more complex and dynamic account of group formation and identification, an account that acknowledges the need for group identities particularly among those who are historically oppressed as members of a group. ;My dissertation attempts to reconcile two fundamental and distinct approaches to race---ontology and experience---through what I hope the reader will appreciate as a series of dialogues between Sartre and various interlocuters. These interlocuters include contemporary authors such as Ian Hacking, K. Anthony Appiah, and Naomi Zack whose works refer to some aspect of Sartrean thought. Additionally, I explore textual dialogues between Sartre and both Maurice Merleau-Ponty and Frantz Fanon, existentialists authors themselves, whose works provide insights into the possibilities and problems that Sartre faced in his attempts to attend to colonialism, racism, race and class consciousness, individual and group freedom. Thus, a secondary goal of this dissertation is to show Sartre's continued relevance to our contemporary discourse of race in particular and contemporary philosophy in general. (shrink)

The article aims for examining the ‘technological stasis’ of the data structure in OpenStreetMap – the successful global collaborative geodata project devoted to ‘create and distribute free geographic data for the world’. Digital structures are strongly influenced by continuing stagnation. This technological stasis – the lack of change in technology – influences data in various ways, as demonstrated by the intensive discussion of the issue by computer scientists and software engineers. However, existing research describing stagnating software is often technic centred (...) and fuzzy, while critical research is barely considering issues of technological stasis in the digital context at all. Therefore, this paper aims for enriching this body of knowledge in order to shed light on aging data structures. I reframe technological stasis with a social-constructivist perspective – using the approach of Social Construction of Technology – especially with the concept of technological frames. Based on the case example of OpenStreetMap, my findings suggest that the data structure – and its stasis – is the outcome of competing understandings and perspectives, shaped by power asymmetries. Although the data structure did not significantly change for more than 10 years, I demonstrate that this is not because of a lack of motivation, nor technological difficulties of carrying out such changes. The technological stasis is rather rooted in the dominant position of few project members who are able to change the software design; it is their perception of the project that defines how data should be stored and what features are dispensable. (shrink)

Moral agents possess a moral point of view: they have a moral identity or a moral self-conception. This implies that, in order for an organization to be a moral agent, it must have a moral point of view. Importantly, acquiring such a point of view is a social process. In light of this, I argue that collective moral agency is a social construct. It follows that organizations can but need not be moral agents. This raises questions about the (...) validity of our corporate responsibility practices. In particular, as an organization might lack moral agency, it can be illegitimate to hold it responsible for its actions. I go on to investigate the interests that members might have in preventing or promoting collective moral agency and thereby address the political dimension of this social construct. (shrink)

This is a critical discussion of John Searle's views on the metaphysics of the social.

Cognitive activity, which essentially consistsof the use of signs, does not only depend onthe internal (mental, or brain) processes. Thefirst part of the paper presents severalversions of the idea of the external andcultural organization of individual''s mentalprocesses. The second part of the paperconsiders a future development of cognitivescience as a science of the extended andsocially constructed mind. KazimierzTwardowski''s theory of intentionality and histheory of actions and products provide theconceptual framework of the undertaken analysis.

This book provides an original and provocative combination of ethnomethodological analysis and the concepts of linguistic philosophy with a breadth and clarity unusual in this field of writing. It is designed to be read by sociologists, psychologists and philosophers and concerns itself with the contributions of Wittgenstein, defending the claim for his relevance to the human sciences. However, this book goes some way beyond the usual limitations of such interdisciplinary works by outlining some empirical applications of ideas derived from the (...) Wittgenstein tradition. (shrink)

How does cultural knowledge shape the development of human minds and, conversely, what kind of species-specific social-cognitive mechanisms have evolved to support the intergenerational reproduction of cultural knowledge? We critically examine current theories proposing a human-specific drive to identify with and imitate conspecifics as the evolutionary mechanism underlying cultural learning. We summarize new data demonstrating the selective interpretive nature of imitative learning in 14-month-olds and argue that the predictive scope of existing imitative learning models is either too broad or (...) too narrow to account for these findings. We outline our alternative theory of a human-specific adaptation for ‘pedagogy’, a communicative system of mutual design specialized for the fast and efficient transfer of new and relevant cultural knowledge from knowledgeable to ignorant conspecifics. We show the central role that innately specified ostensive-communicative triggering cues and learner-directed manner of knowledge manifestations play in constraining and guiding selective imitation of relevant cultural knowledge that is both new and cognitively opaque to the naive learner. (shrink)

Especially troublesome in this dispute is the status of the natural sciences, and this is where Hacking finds some of his most telling cases, from the conflict ...

The technology for the digitized text creates fluid meaning, representing its culture in transition from the dominance of the single-authored text with its hierarchically ordered system. This new architecture for the digitized word has been making explicit the shift from human consciousness reflecting the interiority of the self to a human consciousness reflecting self in relation to others. Educators using the technology of networked writing environments need to understand how the technology functions and intervenes for pedagogical processes during models of (...) asynchronous and synchronous collaborative writing. Both models support a constructivist view of learning; however, for each, educators need to consider the ethos of the writer as inhabiting a negotiated, shared space with readers during text production. As a consequence, cocognition may occur when writers share ideas and engage in the process of collaboration. (shrink)

Autor ovoga clanka bavi se problemom kulturne razlicitosti kroz analizu odnosa Mi - Drugi. On traga za odgovorom na pitanje zasto se kulture drugih naroda ili pojedinaca u mnogim drustvima smatraju inferiornim. Takvim tretmanom dolazi se do krajnosti kojom se pozicija Drugog srozava na nivo?primitivnog?. U tom kontekstu autor analizuje teorijske koncepte prosvetiteljskog racionalizma 18. veka i antropoloskog evolucionizma 19. veka, smatrajuci da se u njima mogu naci zameci negativnog vrednovanja Drugog. Naime, u vecini ovih teorija vrsi se hijerarhizacija kulture (...) po vremenskom i vrednosnom principu, a odatle je moguce razvrstavanje naroda i kultura na?primitivne? i?civilizovane?. Evropski modernizam uprilicio je viziju istorije kao linearnog rasta, cime su savremene kulture a priori proglasavane vrednijim i kulturno uzvisenijim. Ali i savremene kulture razvrstavaju se medju sobom po vrednosnim principima. Diferencijacija kultura vrsi se uz pomoc raznih stereotipa, a ideja progresa kao racionalnog napretka u sferi materijalne kulture, nauke i tehnike ozakonjuje transformaciju razlicitog u primitivno. Iz tih predrasuda, prema misljenju autora, izranja evrocentricna misao o izuzetnosti evropske kulture, cime se latentno opravdava kolonijalizam i druge negativne pojave potekle iz evropske civilizacije. Primitivizam se pokusava predstaviti kao objektivno stanje, a zapravo se radi o socijalnoj konstrukciji kojom se?drugo? zeli proglasiti za?primitivno?. (shrink)

Social construction theorists face a certain challenge to the effect that they confuse the epistemic and the metaphysical: surely our conceptions of something are influenced by social practices, but that doesn't show that the nature of the thing in question is so influenced. In this paper I take up this challenge and offer a general framework to support the claim that a human kind is socially constructed, when this is understood as a metaphysical claim and as a (...) part of a social constructionist debunking project. I give reasons for thinking that a conferralist framework is better equipped to capture the social constructionist intuition than rival accounts of social properties, such as a constitution account and a response-dependence account, and that this framework helps to diagnose what is at stake in the debate between the social constructionists and their opponents. The conferralist framework offered here should be welcomed by social constructionists looking for firm foundations for their claims, and for anyone else interested in the debate over the social construction of human kinds. (shrink)

Although scholarship in the social construction of technology has contributed much to illuminating technological development, most work using this theoretical approach is committed to an agency-centered approach. SCOT scholars have made only limited contributions to illustrating the influence of social structures. In this article, the authors argue for the importance of structural concepts to understanding technological development. They summarize the SCOT conceptual framework defined by Trevor Pinch and Wiebe Bijker and survey some of the methodological and explanatory (...) difficulties that arise with their approach. Then the authors present concepts from organizational sociology and political economy that illuminate structural influences in shaping phenomena of interest to SCOT scholars. These structural concepts can be applied to the study of the design, development, and transformation of technology. The authors conclude that the limited amount of scholarship on structural factors in the social shaping of technological development presents numerous opportunities for research. (shrink)

In this article I shall argue that the categories a subject employs to codify her perceptions are emergent elements of the social niche her community inhabits. Hence, I defend the claim that categories are primarily elements of the social ontology a certain subject experiences. I then claim that public representations shared in a social niche play a crucial regulative role for the members of that community: in fact, they offer a rule to conceive a certain type or (...) a certain category, e.g. ‘movement’, ‘time’ or ‘space’. In this sense, categories function as normative elements. (shrink)

In a climate of institutional change and loss of authority, it is urgently needed to rethink the legitimacy of religious authority. This article offers a case study of Paul's authority claims in Corinth, using French & Raven's theory of social power, to offer new insights into the construction of religious leadership. Paul negotiated renewed acceptance as Corinth's founder and apostle by appealing to legitimate power that he was a better leader than Moses, even Christ's ambassador, and by undermining (...) the legitimate power of his opponents who claimed Jewish descent and apostolic miracles as key leadership markers. Similarly, Paul appealed to referent power by portraying his suffering as a mark of Christ-embodying leadership and undermined the referent power of his opponents by denouncing status, patronage support and rhetoric as legitimation for leadership. Paul did not appeal to other power bases, because he could not be sure to outrank his opponents on those counts. This analysis suggests that religious authority in the form of Paul's founding apostleship was difficult to comprehend and embed in the social and cultural structures of Corinth at that time. Paul needed to engage in intense contention and negotiation to construct a socially and culturally viable model of leadership that would do justice to his vision of Christian identity. As a corollary, the evidence of the intensity of this conflict at various levels throughout the epistle can be interpreted as supporting the literary unity of the epistle. (shrink)

In The Social Construction of Sexuality, Steven Seidman investigates the political and social consequences of privileging certain sexual practices and identities while stigmatizing others. Addressing a range of topics from gay and lesbian identities to sex work, Seidman delves into issues of social control that inform popular beliefs and moral standards. The new Third Edition features three new chapters that focus on the changing cultures of intimacy, the promise and perils of cyber intimacies, and youth struggles (...) to negotiate independence and intimate solidarity. (shrink)

This essay looks at Norplant qua technology and uses analytic frameworks from the social construction of technology to explain the trajectory of its brief history. The author contend that there were multiple uses of Norplant, in terms of rhetorical strategies, symbolic representations, and contraceptive intentions, constructed by reproductive scientists, population control advocates, pharmaceutical manufacturers, doctors, birth control clinic staffers, government regulators, legislators, judges, women’s health activists, potential users, and actual users. However, while relevant social groups shaped the (...) discourse surrounding Norplant in the 1990s, its ultimate fate was determined by choices made by potential users. At the ‘‘consumption junction’’ of the late twentieth-century contraceptive marketplace, American women ignored the meanings constructed for Norplant by developers, producers, providers, and policy makers and made their decisions based on what Norplant meant to them. Individuals’ decisions to choose other methods of preventing pregnancy coalesced into a collective rejection of this contraceptive technology. (shrink)

후쿠시마 원전 사고 이후 한국 사회에서도 이전과 달리 원전 위험 인식이 확실히 증가하고 있다. 여론 조사에 의하면 원전 필요성 인식에서는 큰 차이를 보이지 않고 있지만 원전 위험 인식은 높아진 것이 사실이다. 유사한 원전 사고였던 체르노빌 원전 사고 이후에는 한국 사회는 원전 위험을 둘러싼 논쟁은 거의 진행되고 있지 않았다고 할 수 있다. 사고에 대한 보도도 제한적으로 이루어졌고 정부의 위험 관리에 대한 비판의 목소리도 낮았다. 시민단체들에 의한 반핵 운동이 아직 출현하지 않으면서 원전 위험에 대한 사회적 증폭 현상이 제한적이었던 것이다. 이에 비해 후쿠시마 (...) 사고는 언론을 통한 보도의 양 자체가 증가하였고 핵폐기장 반대 운동 과정을 통해 학습을 한 시민 단체들이 늘어나면서 정부의 위험 관리 능력은 비판에 직면하게 되었다. 이런 여러 사회적 요인들에 의해 후쿠시마 원전 사고 이후 한국 사회의 원전 위험 인식은 강화될 수 있었던 것이다. 위험의 사회적 구성을 잘 보여주고 있다. (shrink)

This study is based on analysis of copyright policies and 26 interviews with science and engineering faculty at three research universities on the topic of copyright beliefs, values, and practices, with emphasis on copyright of instructional materials, courseware, tools, and texts. Given that research universities now emphasize increasing external revenue flows through marketing of intellectual property, we expected copyright to follow the path of patents and lead to institutional emphasis of policies and practices that enhanced universities’ intellectual property portfolios, accompanied (...) by an increase in copyrighting by professors. Although this pattern occurred with regard to institutions, professors offered a more varied pattern, with some fully participating in commercialization of copyright and embracing entrepreneurial values, while others resisted or subverted commercial activity in favor of traditional science and engineering values. (shrink)

How are we to understand criminal law reform? The idea seems simple—the criminal law on the books is wrong: it should be changed. But 'wrong’ how? By what norms 'wrong’? As soon as one tries to answer those questions, the issue becomes more complex. One kind of answer is that the criminal law is substantively wrong: that is, we assume valid norms of background political morality, and we argue that doctrinally the criminal law on the books does not embody those (...) norms. Another kind of answer is that the criminal law as it stands presupposes certain empirical facts, and yet those facts do not hold. Traditionally, criminal law reform has been informed by both these answers. Analytical theorists examine doctrine for its conceptual structure, and social scientists examine the actual workings of the criminal justice system. This tidy picture is, however, challenged by social constructivist accounts of the criminal law. They challenge the stability and conceptual purity of doctrine, and they challenge the objectivity of social science. On the basis of these challenges, they undermine the ambitions of traditional criminal law reform, and argue that the only reforms to the criminal law that matter are politicized ones—that criminal law reform is pointless unless it serves the interests of the marginalized and the dispossessed. It seems undeniable that in some sense our perceptions of crime in our society are indeed moulded by social forces, and that crime does not exist independently of the social structures and processes that help to define and control it. But why should those insights have the implications for our understanding of criminal law reform that they are alleged to have? How could it follow from those insights that criminal law reform either becomes radicalized or valueless? The aim of this paper is to show that what can legitimately be taken from the emphasis on the social constructedness of crime does not require wholesale abandonment of the traditional picture of criminal law reform, even though it may require some modifications of that picture. (shrink)