Richard Quinney’s Modern Conflict Theory

Most criminological theories are based on the assumption that societies have a general consensus concerning goals, values and norms that should regulate behaviour, and that this is reflected in law. Thus, the assumption is one of consensus.

On the other hand, conflict theory views law as a consequence of interests rather than (merely as) an instrument that functions outside of interests to resolve conflicts between interests. Law is a tool of the ruling class.

Criminal law is a device used by the ruling class to preserve the existing order. Thus, the modern conflict theorists question the legal order or talk of sociology of law.

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Richard Quinney’s conflict theory is significant in this context. He has categorised traditional criminological approaches as under: (i) the post positivistic, (ii) the social constructionist, and (iii) the phenomenological. The first approach attempts to study crime empirically and objectively.

The second approach looks into the subjective meaning of social reality to the actors involved and questions whether objective reality can exist apart from the social meaning attached by the actors to that reality.

The third approach analyses the process by which an individual understands the world (against the first two approaches which are concerned with explaining social life). Phenomenologist’s look for reality in consciousness. Besides these approaches, Quinney himself has suggested one more approach that of ‘critical philosophy’.

It questions the present order and radically talks of developing a new form of life an active life in which we transcend the established existence.

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For bringing about this change, we do not think negatively; we only try to bring something to replace what we reject. Quinney proposes a socialist society in which the goal is a world that is free from oppressions produced by capitalism.

In the capitalist society, crime is the result of exploitation of the powerless by the powerful. In a socialist society, all will be equal and all will share equally in the material benefits of society. A new human nature will arise and there will be no crime.

This new conflict theory is criticised on the ground that it does not offer evidence for their new viewpoint (that crime is caused by mode of production). Secondly, what is the evidence that in socialist societies there is no crime?