Citation

Bernard TJ. Soc. Pathol. 1995; 1(3): 219-227.

Copyright

(Copyright © 1995, Harrow and Heston Publishers)

DOI

unavailable

PMID

unavailable

Abstract

Donald Black contends that morality varies systematically in accordance with the social structure of a particular conflict. He argues that the social location and direction of a conflict predict and explain its fate. Black acknowledges his theoretical strategy is "radically sociological" as opposed to psychological. In the field of criminology, Black's work has been accorded a great deal of respect and even deference. Criticisms of his theory, however, have surfaced. In the current critique, the author indicates Black has not sufficiently developed the foundations of his theory and has failed to establish a paradigm related to crime seriousness. Black says the quantity of law causes crime seriousness, while most criminologists believe crime seriousness causes the quantity of law. Even though the author believes Black has the correct theoretical orientation on crime seriousness, he contends Black has not developed this orientation sufficiently. Empirical and moral assertions about the behavior of law in Gottfredson and Hirschi's theory on the nature of crime are examined. It is recommended that Black stop further development of his theory and more thoroughly consider some of the theory's complex foundational issues.