Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
On the occasion of penetrating in depth in the issue of causes, conditions and factors that affect the development of deviant behavior, the researcher encounters the problematic of the central concept of the present essay, deviant behavior, as well as the issue of causality in general and more specifically, in the sector of deviant behavior.By examining the concept of deviant behavior we ascertain that it defines a number of phenomena different among them. Deviance is a concept wider than violation of rules of justice, it is violation of rules in a wide, sociological notion. The term “deviance” refers to types of behavior which are not socially approved, but do not constitute at any rate infringement of law. Infraction or criminality forms an aspect of deviant behavior among others which however constitutes violation of law. It concerns a relative concept granted that it depends and alters according to the extend of unanimity of the social whole as to if an act constitutes deviance or normality, as well as to the specific conditions under which an act is committed.According to the distinction, whether rules and laws are considered product of social consent or social conflict, is given the answer to the question which acts, which offends of “moral values” and with which criterion are considered punishable and criminal on the basis of socio-political views and conceptions of every society.According to the theory of social consent, the members of society, in order to serve their mutual interest, accept limitations in their freedom and abide by certain basic rules of behavior. Coherence and order of society derive from the unanimous consent of the members of society in relation to the principles and values constituting the basis of organization of social life. In cases where according to this model conflict arises, it is about a4totally marginal phenomenon, resulting from individual pathology or deficient function of social mechanisms. In such cases the system has the ability of control and reestablishment of balance and stability.According to the theory of social conflict, the characterization of certain acts as criminal is the result of the dominance of a social group over the others. The group that has the power imposes its opinions in relation to the acts considered as criminal for the purpose of defending and perpetuating its prevalence. Society, according to this point of view, is characterized from contrariety of interests and values. The ruling class consolidates her dominance by constructing laws with which those interests and values are secured. In case of overturning of the correlation, the result is social change with the formation of new structures and their consolidation with new laws.Crime is not a reality existing before criminal law and consisting of offence of mutual values, granted that protected values as well as offensive behaviors are not given a priori but are being selected from penal law.In relation to the concept of causality, its existence in Nature constitutes one first basic admission. This existence can be perceived with the discovery of rules or relations which maintain stable. And these exact necessary relations among objects, facts, conditions etc., are called causal rules.The fact that the necessity of a rule is never absolute, leads us to the necessary clarification that one rule is necessary only after the abstraction of coincidence, of independent factors that is likely to exist, coincidence that leads to the concept of “fate”. Causality and fate are concepts unbreakably connected, as opposite to each other and as necessary for the right perception of one and the same phenomenon.5Every connection between two facts or phenomena does not necessarily coincide with a causal connection and every individual phenomenon is in interdependence with the rest. In this sense, there is a discrimination between direct or imminent cause and condition: Direct cause is defined from the fact that when submitted to alterations taking place in a certain given context, provoke significant alteration to the results whereas condition is defined as the necessary factors so as to provoke the results but in the specific context does not alter enough so as to alter remarkably the results.Causality in the sector of deviant behavior includes cause-conditions-result-connection between cause and result and feedback between cause and result.In the first place, we may define “cause” as a phenomenon which appears and produces another phenomenon considered in this case as the result. One and the same clause may be considered as cause or merely as condition. That depends in great measure on a quantitative – qualitative criterion which is the extent of the influence that is brought upon the result by the specific condition. Cause bears greater influence upon the result in relation to condition but distinguishing what constitutes cause and what condition is something that varies and differs according to circumstances.In the examination of causality on the sector of crime we proceed from a general level (overall view of crime as phenomenon), to a specific level) examination of separate types of crimes) and finally to an individual level (one particular crime).We seek for the cause of crime in a general sociological level, in social phenomena, in material living and labor conditions, in material conditions of everyday life and the rest of social relations.In the more specific level of examination of behavior of different categories of individuals, we observe that the process of transforming the6conscience is a process extremely time-consuming and strenuous, and consistently, it is noticed a lack of correspondence between the objective reality as it is expressed on the system of productive relations and the rest social relations and the perception that general categories of individuals hold for reality. That is easily explained by the fact that individual conscience changes slower than material living conditions.Finally, in an individual level, the examination of the individual that displayed deviant behavior is indispensable, granted that it is impossible to understand the essence of the problem without the individual and the examination of the role that social problems played in the shaping of his personality and his behavior. Elements that are particularly important in this level are the experiences, the mental characteristics and the mechanism of forming one’s behavior.However, for an analysis of the cause and the conditions of crime, the concept of “factor” and the clarification of its relation to cause and condition are equally necessary. “Cause” produces deviant behavior, whereas factors simply facilitate, have an effect on the course or the result of the process.Basically the factors that have an influence on deviant behavior are two:a)individual(related to personality) andb)socio-economical which are separated in four particular groups:1)socio-demographic group (factors related to urban planning, immigration etc)2)economical (factors related to problems of well-being, consumption etc),3)social and socio-psychological (factors related to the weakening of traditional types of social control of individual) and4)organizational and legal (factors related to the application of new laws connected to the activity of the authorities, the rehabilitation system etc).7In an attempt to specify in a social phenomenon, we focus on hooliganism. Alienation of personality takes place out of the football ground, due to capitalistic production process. It also appears into the football ground, granted that the decay of personality is already commited before entering the football ground. In any case hooliganism is simply a violent expression of a predominant in the society competition and of an already alienated personality: hooligans function on the basis of values with which have been nurtured, revealing in a very clear way, the social personality as she is cut into pieces and smashed in the rest fields of life.In the process of time football has turned in an international level to a giant financial firm. Football ground is now the field where capitalistic competition has been transferred. Financial interests impose the creation and maintenance of hooliganism, for football, as every human activity belongs to those activities that include the dynamics both for the good as for the evil.A complete notion of social control should include the total of public and private acts that lead to facing criminality. In an effort to link possibilities of effective application of anti-criminal policy in every aspect, with some general conclusions we ascertain that any type of anti-criminal policy inevitably does not affect the general dominant frame of social relations but the subsequent phase of the process of its conversion to specific (per category of crime) and individual (in its personalized expression).This is why in the pursuit of causes, conditions and factors that affect deviant behavior we explain social events by taking into consideration that the position that an individual holds within the socio-political system defines the elements of deviant behavior and not the characteristics of his behavior.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Ποινικό Δίκαιο και Θεωρία του Δικαίου, 2009