Individuals or culture groups not conforming to social norms, values or expectations is an explanation for deviance. Deviance in one society may not be seen as deviant in another we would therefore describe this as societal and situational deviance (Newburn, 2007).
Subculture groups like Goths may have very different principles and tastes that that of much larger cultures, this may be seen as unexceptional behaviour to that of a larger society. Religion, ethnicity, regional and age can make up different subcultures.
"The deviant is one to whom that label has successfully been applied; deviant behaviour is behaviour that people so label" (Becker 1963).
Crime and deviance can be viewed as culturally and historically relative. Regardless if an act is seen as a crime of deviance it depends on where it takes place and the point in time in which it happens. Certain behaviours of conduct can change over time and we can gain an insight into the socially constructed nature of crime. Crime and deviance is culturally determined and cultures change over time and vary from society to society (Haralambos and Holborn, 2007). The 1960s in Britain are often referred to as the 'permissive age' this was to be seen as the general loosening of moral codes in this era. The Abortion Act 1967 made it possible for women, under specific circumstances, to have a pregnancy terminated. Prior to 1967 abortion was illegal (Newburn, 2007). However it still remains illegal in the Republic of Ireland to have an abortion this is down to the fact that the country is highly populated by Roman Catholics.
The Sexual Offences Act 1956 states the unnatural offence indecency between men 'it is an offence for a man to commit an act of gross indecency with another man, whether in public or private, or to be party to the commission by a man of an act of gross indecency with another man, or to procure the commission by a man of an act of gross indecency with another man' (legislation, 2012). The Sexual Offences Act was amended in 1967 however, homosexual acts conducted in private between consenting male adults over the age of 21 were made legal, and in 1994 the age of consent was reduced to 18 and in 1998 to 16 (Haralambos, Et al, 2007). However homosexuality remains a criminal offence in more than 80 countries in 2012. The two Acts in which have been outlined here were once both illegal in Britain however over time have been changed and legal today so therefore we would agree that they are both historically significant.
As a consequence of social activity norms can vary over time. Some groups may welcome change however particular groups may want things to remain the same. Smoking was linked to drinking large amounts of alcohol at the end of the 19th century and was linked to prostitution (Moore, S, et al, 2006). After the First World War many people took up the habit and it was seen as acceptable. However, people changed their minds in the 1960's as it was reported in the media that there was a link between tobacco and certain illnesses. (Moore, S, et al, 2006) Until very recently it was perfectly acceptable in the United Kingdom to smoke in pubs and restaurants. However, the law has changed and since March 2004 it has not been possible to smoke in pubs in the Irish Republic, similarly in Scotland since March 2006, in Wales since April 2007 and since 1st of July 2007 in England too (Newburn, 2007). If you are found to be in breach of this law then it could potentially lead to prosecution in criminal court.
If crime and deviance is not socially constructed then it is biologically constructed.
Some causes of crime and deviance have been linked to biological factors, for example our sex and gender (Taylor, Et al, 1998). 'Sex refers to the biological differences between 'males' and 'females'. 'These include variations in chromosomes, hormones, genitals and secondary sexual characteristics' (Taylor, Et al, 1998). 'Gender refers to cultural classifications of people as 'masculine' or 'feminine' (Taylor, Et al, 1998). 'Societies set down expectations for males and females, and people are encouraged to think, feel and act in the manor 'appropriate' to their sex' (Taylor, Et al, 1998). 'Views on what is 'masculine' and 'feminine' vary from one society to the next and over time as cultures change' (Taylor, Et al, 1998). 'Consequently, many sociologists argue that gender is socially constructed rather than biologically determined' (Taylor, Et al, 1998).
'Cesare Lombroso is someone who has been referred to as 'the father of modern criminology' but whose work is now largely discredited' (Newburn, 2007). 'His most famous works include the Criminal Man in 1876 and The Female Offender 1895' (Newburn, 2007). 'A psychiatrist, Lombroso viewed criminals as throwbacks to a more primitive stage of human development - this atavism being found both in a variety of inferior psychological features associated with lower primates, and with biological regression involving a less civilised form of mentality and behaviour' (Newburn, 2007).
However, Sociologists believe that gender is socially constructed rather than genetically programmed so therefore dispute or ignore the biological argument. The way we look, think, or behave is not determined by our genetic make-up (Taylor, Et al, 1998). 'Sociologists believe that the causes of deviant behaviour focus on the learning of deviant rolls and behaviour through the values and norms in particular societies' (Moore, Et al, 2006). Some values and norms support conformity whilst others support deviance. In others words, deviant rolls and behaviour are socially constructed (Moore, Et al, 2006). However, there are concerns with the social construction argument; there are things that nearly everyone in society recognises as wrong, despite norms and values.
The differences between crime and deviance have been explained how both are relative historically, culturally, time and place. I have analysed how these have changed presumptions of what constitutes both crime and deviance. We can see from the evidence that what may be socially acceptable years ago may not be this way no or in the future and what may be legal and acceptable in the United Kingdom may not be the case in other countries.
