Crime
When speeding on the highway or receiving a parking ticket, do you feel you have
committed a crime? Do directors and senior managers of companies consider they are
criminals if their companies pay fines; or do they regard it as “the cost of doing business”,
justified by their alleged duty to maximize shareholder value? Do organizations and the
individuals that comprise them that pay fines feel they have committed crimes? The honest
answer is “No”.
The Oxford English Dictionary defines “crime” as
“‘An action or omission which constitutes an offence and is punishable by law’. ... As the
Oxford English Dictionary definition makes clear, the law ultimately defines what is and is
not crime. While popular definitions approach the law as a given, sociological definitions
approach the issue in a more social way – drawing attention not only to the act itself but the
law itself and whose interests it seeks to protect. It makes a distinction between private
offences (such as arguments or personal disputes) and public offences that offend a broader
set of social norms or values.”1
In truth, we do not regard ourselves as criminals whenever we pay a fine but that is
exactly what we are; paying a fine proves that we committed an offence in the public sphere
“breaking prohibitory rules or laws, to which legitimate punishments or sanctions are
attached, and which requires the intervention of a public authority”.
We often do not often consider ourselves as criminals because we implicitly use a
sociological definition that takes into account the levels of harm we cause and the interests
that need to be protected.
Comments
Post a Comment