The problem of the social control and law as an instrument of the social control
Vol.3,No.3(1995)
Abstract
Pages:
161–167
To define and to thematically delimit the main contradictions arising in the sphere of the social control and law as an instrument of the social control is the basic aim of this paper. These contradictions might be generally defined as the contrasts between individual and society and society ans individual (those who rule and those who are ruled over). According to author's opinion, the social control must not concern just the first ones. At thesame time, it should not exclude the reflections on the active control i.e. mechanisms aiming at the preventive elimination of the undesirable behaviours and concentrate exclusively on the reactive control. Then the author deals with the formal and informal control and their mutual penetrations. The influence of the informal control is seen as the sphere which is often underestimated by jurists.
Attention is also paid to the criminalisation, pathologisation and neutralisation as to ways of legislator's reaction to the deviated behavior.
The conclusion of the paper is devoted to the aim of the criminal law control representing not only a reprisal on an offender and a rectification of a law breaking, but particularly the special and general prevention of future crimes. This topic is seen from the standpoint of modern and especially critical crimology.
161–167
Copyright © 2018 Martina Urbanová