Crime is a complex and evolving concept Essay

Crime is a complex and evolving excogitation. To what extent passel it be explored by focussing on affectionate stultification? This probe aims to explore and critically evaluate some of the ways horror, in some(prenominal) its legal philosophyful definition and commonly interpreted definition enkindle be broadened, from context-specific behaviours and explore how sociable upon may be a useful concept in understanding beyond the border of offence ( straight-from-the-shoulder University, 2010). Social harm is a disciplinary approach organised close to the concept of harm (Open University, 2010). This approach encompasses physical harms inclusive of premature demolition or serious injury, financial and economic harm, emotional and psychological harm, sexual harm and cultural safety (Open University, 2010). The principal(a) ideology of social harm is to show that the standard nonion of harm does not fully include the harms that organisations cause globally. The social harm concept is trying to understand the harms that occur within ordering. It examines the harm that occurs in society and also take in charges to understand the sorts of behaviours that cause the greatest level of harm. The way that those harms argon both perpetrated, how these harms are viewed from different levels of society both local anaestheticly and globally (Open University, 2010).Crime is thought of as destructive or violent ain acts or behaviours such as drug offences, knife offenses and sexual assaults. In western societies, a typical definition of iniquity is doing something forbidden by law (home office, 2007). The limitation of this definition is reliance on the knowledge a crime has been or is being connected and being able to fuck off substantial enough evidence to hold a person directable for their actions. Invisible crimes such as abuse, slavery and trafficking are everyplace adverted as a focus on street crime such as the war on drugs is spotlighted (Ope n University, 2010). It is this stereotypical street crime that carries the brunt of attention in both a historical criminological perspective and a cosmopolitan public view on sorryity (Open University, 2010). When exploring the legal construction of crime Paul Tappan (1947 PG 100) layd crime as, An international act in ravishment of shepherds crook law (statutory and case law), committed without defence or apologia and penalised by the state as a felony or misdemeanour (Open University, 2010). With this argumentation taken to its logical conclusion, there are conditions that have to be fulfilled before all act  gage be lawfully defined as a crime (Open University, 2010).The Act must lawfully be prohibited at the time it is committed, the mens rea and actus reus must be present in the mind of the perpetrator and there must be a pre prescribed punishment for the committal of the act (Open University, 2010). Criminal law tends to individualise crime although as no crime can be given a punishment unless it has already been deemed a crime it shows abundant ambiguities within the construction of crime itself (Open University, 2010). The spotful and elite both define and evade the law locally and globally. It can be argued that crime is a social construction created by the powerful for the benefit of the powerful and exploring this in relation to social harm highlighted further imbalances within this framework (Open University, 2010). Acts and behaviours may be more damaging and have far wider consequences although these do not fall under the criminal spotlight.Eco crime is a crucial event in highlighting the imbalances within the notions of criminology. There is Mounting evidence regarding the perils lining earths sustainable development and the causes and consequences of environment threatening events (Open University, 2010). all(prenominal) forms of pollutants are key cause of death and disease. Air pollution causes close to 800.00 (1.2% of t otal) premature deaths (Cohen et al., 2005). Global warming is referred to as a weapon of fold destruction by the IPCC (IPCC,. 2007). As the amount of deaths caused by Eco Crimes is growing, the number of environmental laws are expandng (Open University, 2010). Collectivly there are more treaties, protocols, manoeuvreives and statutes that address environmental issues than any other area of law (Open University, 2010). This although is still not sufficient for puzzle out the issues that arise with eco-crime, as cross-cultural regulations and laws lead to major problems when trying to thin out cultural harm and damage to the environment. The large incorporate oil casey British Petroleum (BP) has been involved in numerous cases of crimes against the environment.According to a newspaper article, published by The Guardian in December 2007, over 200,000 gallons of crude oil were released into the wilderness in Prudhoe Bay, Alaska (Open University, 2010). This although an act of po llution cover by regulation and law never led to any criminal convictions or personal account dexterity. BP were only held responsible for their action in a lawsuit filed by Alaskan officials (Open University, 2010). This highlights a large inconstancy with what we behold Justice for a criminal act, this, in the western notion of crime commonly involves individuals taking function for the actions committed and receiving a punishment in the form of a custodial sentence.Further in the article it elaborate the confirmation of plans that BP had finalised to begin mining oil in Tar littoral zone (Open University, 2010). It is described as the greatest climate crime by unripened Peace as 100m tonnes of greenhouse gasses get out be admitted into the atmosphere per annum and it is said to kill off 147,000 sq km of forest. Bp accepted responsibility and did not deny the enormous carbon footprint that they would be go forth in the environment, they argued the fact that oil is an a menity that is a crucial part of modern day life and new supplies are needed to fit out increasing demand for oil reapings (Open University, 2010).This again is an incident of BP severely harming the environment although oil is of high importance within society and it could be argued that provided it is extracted lawfully and safely the side effects and damage to the environment will usually be put down to unavoidable side-effects rather than a criminal offence (Open University, 2010). Large corporate companies have been involved in galore(postnominal) environmental issues but this is overshadowed by their position of power, in the case of BP it is affix and demand, as the majority of the population in western communities rely on the oil mined for by BP the damage can be overlook as long as BP are operating in a legal framework for trade. In some cases it has been known that corporate power play a large role in lobbying governments in an attempt to challenge regulations and la ws that they view are limiting their activity (Open University, 2010). Corporations work weighty in an attempt to pre-empt regulatory routines to avoid legal restriction (Open University, 2010). The ability to apply crimininal law to damaging Moreover, harmful activities are problematic.It is difficult, if not unrealizable to quantify the scale of corporate harm although there also lies a problem with pinpointing the starting time of harm as air pollution can have a global effect. Unless someone is killed as a direct result of contamination that can be traced back to a source there, is no way of defining or controlling boundaries of responsibility. When looking at this from the perspective of social harm it is clear to see that the level of harm inflicted on people and the environment although wholly unmeasurable is a product of power that affects people on a global level. The concept of crime does not take into account a wider range of conduct that defines a behaviour as cri minal or not. A social harm perspective will allow exploration of harms and damage that look beyond the short term benefit to society and take into account the long standing effects that may occur if these acts and behaviours are allowed to be committed (Open University, 2010).In conclusion, I finger that exploring crime focussing on social harm highlights the space between and within the laws in both local and global legal systems. Taking on more of the concepts of social harm will allow for a deeper insight into what effect the corporate power has over the governments and the shaping of laws and regulations. I do not feel that the social harm theory is able to replace the notions of criminology but will aid in exploring the full extent that actions and behaviours have, even if they are committed within an entirely legal framework, on everyone involved and make a fairer and more balanced legal system.References dissonant UNIVERSITY DD301/BOOK 1, MUNCIE, J., TALBOT, D. and WALTERS, R., 2010. Crime local and global. Chapter 5 Crime, harm and corporate power. Cullompton Willan Publishing, in association with The Open University.OPEN UNIVERSITY DD301/BOOK 1, MUNCIE, J., TALBOT, D. and WALTERS, R., 2010. Crime local and global. Chapter 6 Eco Crime. Cullompton Willan Publishing, in association with The Open University.