Criminology of Pleasure - Assignment Example

CRIMINOLOGY OF PLEASURE It is in the nature of individuals that they get involved into various types of activities in order to remain active and earn something in order to acquire the necessities and leisure hours to keep them happy, satisfied and full of energy. “The human activities and small beginnings of motion”, Hobbes submits, “within the body of man, which appear in walking, speaking, striking, and other visible actions, are commonly called endeavour. And this endeavour, when it is toward something, which causes it, is called appetite or desire.” (Quoted in Porter, 1997: p 302) Hence, most of man’s physical movements are the reaction of the urge related to some desire and for the pursuit of pleasure. It is therefore, it has aptly been stated that desire and pleasure are closely connected with one another, due to the very reality that they maintain direct influence on each other. “Many people”, Heathwood submits, “on many occasions desire pleasure. When a person desires something other than pleasure it is often because he thinks getting it will lead to his getting pleasure.” (2006: p 2) But the social justice system does not allow people’s pursuit of pleasure beyond the rules and regulations introduced and imposed for the maintenance of peace and harmony in society. It is therefore, some of the pleasure-seeking activities are permitted according to the provisions of law, while few of such activities may create such desires which can be harmful for the solidarity and concord of the social set up; it is therefore, the regulatory authorities have declared such acts as crime against the provisions of law, which must be checked and controlled properly in order to avoid any type of social and political turmoil. “Control is” Deleuze observes, “the name Burroughs proposes as a term for the new monster, one that Foucault recognizes as our immediate future.” (1990, p 3) French philosopher Gilles Deleuze takes desire and pleasure as quite different objects, which should be studied and analysed separately. He views pleasure as: “interrupting the immanent process of desire; pleasure seems to be, on the side of strata and organisation… pleasure seems to me to be the only means for a person or a subject to ‘find itself again’ in a process that surpasses it. It is reterritorialization.” (1997: p 189-190: quoted in MacCormack 2001: p 21) Deleuze elaborates some specific traits of desire, according to which desire is a process that is an affect of something in the innersole and implies in the constitution of a plane of immanence or a body without organs, which is defined solely by zones of intensity, thresholds, gradients, flows. (1997: p 187) Hence, Deleuze takes desire as productive, while pleasure as something that stops the productivity, because pleasure may instigate unethical and immoral desires in mind. Similarly, Deleuze makes distinction between ethics and morality. By moral values, the theorist simply means the prescribed code of conduct, articulated and established by the political authorities to distinguish the determined right or approved behaviour of life from the wrong or disapproved one; while the concept of immanent ethics reflects the mode of life observed and adopted by the people without taking the statutes of the prevailing law into consideration. Before embarking upon the topic under study, it would be appropriate to define criminal justice system in order to eradicate crimes from society. CRIMINAL JUSTICE SYSTEM Crime is a social phenomenon and exists in every society from the most primitive clans and tribes of Palaeolithic and Neolithic eras to the most modern civilized societies of contemporary times. “Durkheim views crime”, Coser notes, “as normal in terms of its occurrence, and even as having positive social functions in terms of its consequences. Where crime exists, collective sentiments are sufficiently flexible to take on a new form, and crime sometimes helps to determine the form they will take. How many times, indeed, it is only an anticipation of future morality--a step toward what will be.” (1977: p 141) Individuals developed political set ups for the smooth running of the affairs of their social arrangement, and the political authorities made laws observe peace and solidarity. Criminal justice system is also one of the most formidable steps taken in this direction, which consists of practices, procedures and institutions involved in maintaining law and order in the perfect decorum. Abnormal attitude creating public nuisance has been declared as crime against the state and its individuals, and the institutions of criminal justice system appear to deal with the precarious situation as a result of perversion, deviation and the breaking of law. “In case a serious deviation or violation of law occurs”, Macionis observes, “a formal response of the social justice system, including police, courts and prisons gets involved to address the violation of law.” (2007: p 222) Hence, police, courts and prisons make the whole of criminal justice system. The theory articulated by Deleuze states that desire does not stand for the lack of anything; rather, it looks for the proper availability and feasibility in order to put it into practice without caring the social norms, values, mores and taboos. His contemporary theorist Michel Foucault also agrees with him in his many philosophical perceptions, though he does not see eye to eye with all the points raised by Deleuze while defining desire and pleasure. Foucault declares sex and pleasure having some relationship with the power. He views desire as the lack of something that which motivates the individuals to seek pleasure by overcoming each and every object they lack. Foucault declares the contemporary era as the age of liberalism and refutes the very idea that the last three centuries have witnessed repression of sexual activities beyond the marital-knot; on the contrary, sexual liberation has made a sure headway during the course of time. Similarly, he affirms the Freudian psychoanalysis technique, particularly while dream interpretations, where Freud argues that the dreams are the valid expression of unfulfilled human desires, which are accomplished during sleep; hence, the desires cannot be repressed at all, but remains valid in the subconscious of human beings. He also submits child sexuality and homosexuality as the natural social phenomena, which cannot be repressed or eradicated. “Homosexuality appeared”, Foucault writes, “as one of the forms of sexuality when it was transposed from the practice of sodomy into a kind of interior androgyny, a hermaphrodism of the soul. The sodomite had been a temporary aberration; the homosexual was now a species.” (1980: p 43) Here appears the question of moral law and ethical values to be implied in the contemporary society. Since our age has provided us with hard work and hard play opportunities, both work prospects and leisure time consumption seek wide range of choice. “Our age of automation”, Viola views, “requires a new philosophy of leisure. Today, it is considered not just a departure from work, but also an opportunity for service, growth and enjoyment.” (1987: p 144) The concept of spending leisure time in an exquisite way has also got new avenues especially during the second half of twentieth century. Inauguration of new hotels, restaurants, clubs, sports complexes, shopping malls, musical and dance theatres and cinema halls are the examples of fast growing requirements of the public to enjoy leisure time to their heartiest satisfaction. It has also given birth to free exercise of all the desires and pleasures whether they come under the fold of perversion and deviation, according to the prevailing law. In addition, modernity brought such acts in its wake, which were thought to be perversion in past. Sexual perversion and immoral offences also made their way out of the pleasure the individuals desire to attain. Since crime rate has got its place along with the growth of civilization with an upward trend, the need of rules and system was felt to preserve calm and harmony. Subsequently, social norms, folkways, mores and taboos came into being to bring regularity in society. Political authorities were also established to evade turbulence and control crimes in the prescribed manners prevailing in an area. There are two types of offences i.e. first which are against the law enforced by the state, called criminal acts, and the second which are against religious belief as well as existing norms, called deviancy and immorality. Deviant behaviour and perversion refer to the breaking of the prevailing norms and values. Prostitution, incest, homosexuality, bestiality, buggery, exhibitionism, voyeurism, sadism and masochism etc are the examples of moral offences or perversion. Theorists witness the increase in crime rate due to the absence of moral laws. It is therefore, Devlin has laid stress on the observation of moral values for the better law and order situation. “For many centuries”, Devlin (1965) opines, “the criminal law was much concerned with keeping the peace and little, if at all, with sexual morals. But it would be wrong to infer from that that it had no moral content or that it would ever have tolerated the idea of a man being left to judge for himself in matters of morals.” Implementation of moral values may also deduct crime rate. The arguments in favour of the implementation of moral laws are also the outcome of psychological causes of committing crimes in the same lines as against the prevailing law in force. Social Justice System and Deleuze’s Theory of Desires: The theory of desire and pleasure, articulated by Deleuze looks for providing opportunities of seeking pleasure for the fulfilment of desires. It is therefore, the moral laws are negated to some extent. Some of the theorists state the implication of moral law as the direct threat to the personal liberty, though some sanctions are extremely necessary for the betterment of society. Famous English Political Economist, J. S. Mill (1863) states that the only justification for limiting one persons liberty is to prevent harm to another. Homosexual behaviour and prostitution in private, though practiced with consensus of the parties especially the victim, cannot be viewed as fair as it may shake the very foundations of a society. “Morality can be based on "disgust", Devlin observes, “and therefore societys "general abhorrence of homosexuality" is a sufficient basis for the legal prohibition of homosexual activity.” (1965: p 47) In his principle of utilitarianism, Mill describes the differences of opinions between philosophers while expressing their views about morality. “The utilitarian candidate”, he views, “is the principle of utility, which holds that actions are right in proportion as they tend to promote happiness; wrong as they tend to produce the reverse of happiness. By happiness is intended pleasure and the absence of pain; by unhappiness, pain and the privation of pleasure.” (1863: p 3). Mill vehemently stresses on the principle that every mans act must provide maximum pleasures for the others at large. He stands for the qualitative separation of happiness and considers moral and intellectual pleasure superior to physical pleasures. Theories of crimes emphatically declare the crime as the product of biological, psychological, economic, social and ethnic causes; it is therefore, the nature of crimes varies from one society to the other on the one hand, and resembles in all societies too on the other. Thus, demographic statistics plays significant role in this regard. Lombroso (1876), the famous biologist-psychologist, has elaborated physical causes of crime, according to which some specific physical traits and biological characteristics emphatically define the personality as criminal. According to him, some particular structure of skull, ears, hands and feet can suggest inner-self of criminals. In the same way, psychological causes can also help the law enforcing agencies in respect of detecting a crime. For example, children grown up in extremely poor environment can commit crimes related to robbery, theft and burglary in order to take revenge of the deprivations they underwent in their childhood. Hence, criminal psychology helps the law enforcing agencies identify and detect the criminals by following the causes of crime behind it. Bromberg has categorised criminal in three types including psychopathic personality, schizoid psychopathic personality and paranoid psychopathic personality. (Quoted in Vedder et al, 1976 189) Paranoid psychopathic personality is interested in crimes like blackmailing and emotional assaults, while schizoid psychopathic personality aims at serious offences like murder and rape. Race, ethnicity, region, religion, age, sex, socioeconomic status and environment play dominant part in indulging and involving into criminal acts and offences. The pleasure one seeks in media and other platforms develops the desire for doing the act on the same patterns, which gives a go to the criminal activities in society. STEPS TO MINIMISE THESE ISSUES: There must be inclusion of psychiatrists during the investigation process related to the victims, in order to examine the nature and intensity of a criminal assault took place against an individual. The psychological examination of the victim of criminal offence would be highly supportive in detecting the crime on the one hand, and tracing out the criminal on the other. The states must devise laws and recruit staff in bulk in order to suppress criminal behaviour from their societies. Police stations and prison houses have already been set up to eradicate the menace with an iron hand. Yet, the misdemeanour found its vacuum more profoundly with the passage of time. Biological, psychological and sociological theories of crime and punishment have also been articulated and concepts of reward and punishment have been introduced to mitigate the problem, but neither judiciary, nor executive nor the legislature could overcome the situation. There is an urgent need of such regulatory authority that can mitigate the fears and worries of the victimized children in a proper way. The implementation of moral values must be observed in the prevailing criminal justice system, so that the crime rate among young generation can be eliminated to an imperative extent on the one hand, and the individuals could be protected from the victimization on the basis of moral laws and ethical values on the other. The social norms and morality are the identification of the individuals of a nation. The price of toleration, George argues, of serious deviance from a society’s constitutive morality is the loss of a distinctive form of interpersonal integration in community understood as something worthwhile for its own sake. (1993: p 65). CONCLUSION: Since pleasure is the hidden expression of prevailing desire, there must to some regulations for the eradication of such pleasure that may lead towards criminal activities. Equal distribution of opportunities, resources and growth for all the individuals, social, political, cultural, religious and ethnic groups, communities and classes existing in a society can be highly supportive in respect of preventing crimes. Absence of equality and social injustice creates feelings of hatred and revenge in deprived individuals. The atmosphere of the investigation and judicial process must be very amiable, encouraging and sympathetic, so that the victimized could narrate the whole incident of victimization without any feelings of fear, coercion and undue influence. Deleuze’s theory is highly supportive in respect of making investigation whether the crime is the outcome of pleasure seeking urge, or some other thing. Similarly, proper training and education of the law enforcing agencies and authorities may also reduce crime rates. “Crime control in now continuous, immanent and cybernetic rather than discontinuous, localized and individualising”, Deleuze suggests, “there appears to be little strategic coherence about these developments at the level of their rationalities, and much diversity and contingency at the level of their technologies.” (Quoted in British Journal of Criminology. 2000: p 54) The mode of investigation must be free, fair and impartial too in order to make the process impartial. In the same way, judiciary working in a society must also be independent and without any political, social or economic bar, burden and pressure as well as religious and ethnic prejudice. In the same way, training sessions of the authorities must be conducted, so they could detect the temptation behind crime. The authorities must look into the financial causes of crime, so that white collar crimes, burglary, robbery, theft and other crimes of this nature can be traced out. The authorities must also look into the psychological causes and derives behind a criminal act in order to minimize crime rate from society. Sometimes, agencies neglect the significance of moral law and look into the superficial events, which could easily be concealed under the mist of doubt. Taking homosexuality, for example, it is a serious sin under the moral values and social norms. The sodomy, pederasty and buggery had been viewed as crimes against the law of the state since ever and there was serious punishment suggested for this worst type of immorality. But the new amendments in the statute laws implemented in many countries of the world have justified the homosexuality and prostitution on the basis if the offenders are practicing it with free consent of both the parties without any coercion, undue influence, fraudulent, misrepresentation or compulsion, which may jeopardise the very foundations of society. BIBLIOGRAPHY: Coser, Lewis A. (1977) Masters of Sociological Thought: Ideas in Historical and Social Context, 2nd Ed., Fort Worth: Harcourt Brace Jovanovich, Inc., Devlin, Lord Patrick. The Enforcement of Morals. 1965 George, Robert P. Making Men Moral: Civil Liberties and Public Morality Oxford: Clarendon Press, 1993. Foucault, Michel. (1980) The History of Sexuality 1: An Introduction, tr. Robert Hurley New York p 43. Flores, J. Robert. (2005) How the Justice System Responds. Juvenile Justice Bulletin December 2005 MacCormack, Patricia. (2001) Pleasure, Perversion and Death Three Lines of Flight for the Viewing. Transmat Home Retrieved from http://www.cinestatic.com/trans-mat/MacCormack/PPD1-1.htm) p 21 Macionis, John J. Sociology. Eleventh Edition. Pearson Prentice Hall Inc. 2007 p Rose, Nikolas. (2000) Government and Control The British Journal of Criminology 40: pp 321-339 (Retrieved from http://bjc.oxfordjournals.org/cgi/content/abstract/40/2/321) Thorp, John. (1992) The Social Construction of Homosexuality (Retrieved in http://www.fordham.edu/halsall/med/thorp.html) pp54-65 Turner, Jonathan H. (1989) The Structure of Sociological Theory The Dorsey Press, Illinois Vedder, Clyde B., Koenig, Samuel & Clark, Robert E. Criminology. Holt, Rinehart & Winston New York. 1976 p Viola, Richard H (1987) Organizations in Changing Societies: Administration and Human Values. V.B. Saunders Company Philadelphia London Toronto http://www.highbeam.com/doc/1G1-123120064.html Although utilitarianism remained a prominent social doctrine for the entire 19th century, its roots are even deeper in the times of Hobbes, Locke and even to Epicurus. The contemporary French sociologists had ceased to accept the assumption that social order would automatically be forthcoming in the state of free competition among the individuals. “No longer were humans viewed as rational and calculating entrepreneurs”, Turner suggests, “in a free, open, unregulated and competitive market place. Nor was the doctrine of the invisible hand of order considered a very adequate explanation of how social organization could emerge out of free and unbridled competition among the individuals.” (1978: p 19). Mill is of the opinion that utility can not only be measured, but also meaningfully summed over people. Bentham argued for an artificial rather than a natural identity of interests. “He maintained”, Arnstein states, “that human beings, in following their own interests, promote the interests of their fellows only if the laws of their fellows are so arranged that their self-regarding actions will be channelled in the direction of the common good.” (1988: p 48) (Quoted in British Journal of Criminology, 2000: p 54) Read More