NCJ Number
59788
Journal
Social Problems Volume: 26 Issue: 4 Dated: SPECIAL ISSUE (APRIL 1979) Pages: 392-402
Date Published
1979
Length
11 pages
Annotation
CRIME'S EXISTENCE DEPENDS UPON THE ESTABLISHMENT OF THE PRINCIPLE OF LEGALITY. CRIME WILL BE ELIMINATED ONLY WHEN A NEEDS-BASED CONCEPT OF JUSTICE REPLACES A RIGHTS-BASED IDEA OF JUSTICE.
Abstract
CRIME AND PENAL SITUATION CREATE A VICIOUS CYCLE. THOSE WITH SUPERIOR RIGHTS OF ACCESS TO THE SOCIAL SYSTEM APPROPRIATE RESPONSIBILITY, DEFINE THE ACTIONS WHICH WILL BE CONSIDERED CRIMINAL, AND DEPLETE OTHERS' COMPETENCE AND AUTONOMY. CURRENT COURT AND CORRRECTIONS SYSTEMS PERPETUATE THIS CYCLE. THIS SITUATION IS ABSURD AND UNJUST BECAUSE THE MEANS OF PRODUCTION ARE THE COLLECTIVE WORK OF HUMANKIND. WITH AN INCREASED AWARENESS THAT EACH PERSON IS UNIQUE, DIVERSE, SEPARATE, AND AT ONCE UNIFIED IN THE NEED TO SEARCH FOR MEANING AND BONDING WITH OTHERS, A NEW CONCEPT OF JUSTICE IS EMERGING. A NEEDS-BASED APPROACH TO JUSTICE (TO EACH ACCORDING TO NEED, TAKING INTO ACCOUNT THE RESOURCES AVAILABLE TO ALL) IS REPLACING A RIGHTS-BASED IDEA OF JUSTICE. THOUGH CRIME, LAW, AND THEIR INSTITUTIONAL SUPPORTS HAVE INCREASED, SYMBIOTIC HUMAN RELATIONSHIPS ALSO ARE INCREASING. A RECOGNITION OF LIFESTYLE DIVERSITY WILL HELP TO REPLACE THE CURRENT CONDITIONS WHICH DEFINE CRIME AS INEVITABLE AND WILL LEAD TO A SYSTEM OF RETROSPECTIVE, NEEDS-BASED JUSTICE. EXTENSIVE FOOTNOTES AND REFERENCES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED --GLR)