Basic definitions of crime and deviance

Crime

Crime refers to any activity that breaks the formal laws of a particular country or society. These are illegal actions.

Deviance

Deviance is behaviour that differs from the norms and values generally accepted by society. There is often a consensus, or broad agreement, that deviant behaviour is somehow immoral or inappropriate. For example, swearing might be seen as deviant, especially by older generations, even if it does not break any laws.

The distinction between crime and deviance

While crime and deviance overlap, they are not identical concepts. All crimes involve deviance, but not all deviant acts are crimes.

Crimes are always deviant because breaking the law goes against societal norms. However, not all deviant acts are crimes. For instance, breaking wind in public is often viewed as rude or inappropriate, making it deviant, but it does not break any laws and carries no legal penalty.

The social construction of crime and deviance

Sociologists often argue that crime and deviance are not fixed or natural categories but are socially constructed. This means they are created through human interactions and societal processes rather than being inherent truths.

How social construction works

Social construction occurs when individuals and groups interact to establish rules about behaviour. For example, people create laws that distinguish between acceptable and unacceptable actions in specific situations or cultures. This process involves power dynamics, where more powerful groups can impose their definitions of right and wrong on others. As a result, certain behaviours are labelled as criminal if they are seen as serious enough to warrant punishment.

Deviance is constructed as behaviour that challenges the consensus, or majority agreement, on what counts as civilised.

The relativity of crime and deviance

Because crime and deviance are socially constructed, their definitions are relative – they depend on the context rather than being absolute. This relativity means that an act might be seen as deviant or criminal in one setting but acceptable in another.

Factors influencing relativity

• Historical period - Definitions change over time as societal values evolve. For example, homosexuality was criminalised in England and Wales until 1967, and blasphemy remained a crime in England and Wales until 2008. Even today, a minority may view being gay or lesbian as deviant, reflecting lingering disapproval despite legal changes.
• Culture and religion - What is deviant varies between cultural or religious groups. In Islam, blasphemy, drinking alcohol, eating pork, or gambling might be seen as deviant, while Christianity in the UK tends to tolerate blasphemy more.
• Gender - Judgements can differ based on gender. In the UK, women are more likely than men to face negative labels for their sexual behaviours.
• Locality or context - Behaviour may be acceptable in some places but deviant in others. For instance, nudity is generally fine in private spaces like bedrooms or bathrooms, but it is seen as deviant in most public areas, except for designated spots like nude beaches.