This compensatory rules where a deviant person would need

This
assignment will critically discuss the relationship between rules, norms, and
deviance. Functionalist, Marxist, and Feminist theories will be used to show
the different viewpoints on how the three notions of rules, norms and deviance
relate.

Two case studies; (Paradise Papers, 2017)  https://www.theguardian.com/news/ng-interactive/2017/nov/11/paradise-papers-whos-who-leak-offshore-secrets

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  (Harvey
Weinstein , 2017)  http://edition.cnn.com/2017/10/06/opinions/harvey-weinstein-threadgould/index.html , will be used to steer the direction of the
discussion and show different arguments. 
Rules, norms, and deviance have a homogeneous relationship. It is
impossible to discuss one without discussing the other. It is almost impracticable
to formulate one without drawing from the other. Rules, norms, and deviance
have a correlative relationship.

Rules
are principles that are put in place by government state or those in charge of
a country, a group of people and institutions within a society. Rules are
designed to create structural order within society. Social rules include norms,
folkways, mores, coded laws, regulations, customs, and taboos which all help
society function. There are formal and informal rules to follow.  Folkways based on everyday norms, which are
cultural customs regarding practical matters. This could be acceptable clothing
and politeness. Mores are moral injunctions that society sees as taboo like
incest. The informal norms would get the response of anger, disappointment, ostracism,
and rejection. The informal rules, once broken would have moral consequences.
Codified laws are norms that focus on explicit codes and enforced by government
bodies. Departure from customary coded rules will incur sanctions that will
involve police, judges, and prosecutor.

(Rommetveit,
1955), (Thibaut and Kelley, 1959) argue that social control refers to ways
society prevents and tries to sanction behavior that violates norms. Rules are
often broken due to individuals having different opinions and values. Rules vary
and tend to change from one society to another. (Black ,1976) stated that there
are four categories of rules, they define deviance and all four responds to
deviance in a different manner. Societies have implemented rules that regulates
society behaviors to control conformity with existing norms. There is a penal
rule which is a formal rule, once violated the deviant person would be
punished.

Secondly
compensatory rules where a deviant person would need to compensate for the
crime. Thirdly therapeutic rules which help a deviant person to return to
normal state. Lastly Conciliatory social rules which   help those in dispute restore a mutual
social relationship that had been broken down. Foucault (2007) argues that
during the period of early modernity onward, European society became more
concerned with rules as a practice of government. He stated that government do
not refer to the activities of the state, instead the government refers to the
practices by which individuals or organizations seek to govern the behaviors of
others or themselves, government uses the strategies which one seeks direct or
guide the conduct of another. Rules define what deviance is, concurrently rules
are made from norms.

Norms are
an acceptable standard or a way of behaving that a society agrees with. Norms
are something considered normal by most people in a society. It is not the norm
for individuals to walk in public singing aloud, to do so would be viewed as
out of the norm, even though there is no rule stating that its forbidden. Norms
are made up of a societies customs, morality, religion, and other practices. Another
view on norms is the relationship between normative beliefs and behavior, in
some cases norms are identify with observable, recurrent patterns of an
individual behavior. There is also the focus of normative beliefs and
expectations. However, it is extremely difficult to explain the observed
variance in norm-induced behavior, which can only explain conformity that is
mostly partial, having behavioral account of norms is difficult to support, as
normative beliefs alone will not support a norm. There are three main established
theories of conformity: socialization, social identity, and rational choice. (Parson
1951) suggests that a norm is “a verbal description of a concrete course of
action…, regarded as desirable, combined with an injunction to make certain
future actions, conform to this course”. Parson (1937, pg75) argued that norms
play a significant role regarding an individual’s choice by shaping the
individual needs and preferences. Tajfel (1981, pg.255) stated that social
identity is “that part of an individual’s self- concept which derives from
their knowledge of their membership of social group or groups, together with
the value and emotional significance attached to that membership”.

 

The rational choice provides conformity
to a norm that attracts approval and transgression disapproval, to conform
would be the rational thing to do, seeing that no one
would wilfully attract discredit and punishment to themselves. Schelling (1978) suggests that it is best to look at the
condition under which norms come into being, as norms are there to represent a
solution to the problem of attaining and maintaining order in society.   Mackie
(1996) argues that if norms can thrive and spread, it is possible for norms to
decease.  A misunderstood idea is
unexpected change of well-established pattern of behavior.

Deviance
is the result of discrepancies between society and individuals, where rules and
norms are disregarded. Deviance is none normative, a departure from customary
norms beyond approved limits. It is a violation of norms depending on
contextual definitions, people’s response to a behavior and the situation. According
to Sumner (1955) Deviance is a violation of existing contextual, cultural, or
social norms. Functionalists argue that deviance is a social creation and is ‘normal.’  Society needs deviance as it is almost
impossible to have a society without deviance.

 

  Durkheim (1958-1917) stated that deviance came
from society and is visible throughout all societies, having ‘too much’ deviance
could threaten social order. Durkheim (1895/1962) explains that there are reasons
why society needs deviance. The collective conscience, is never strong enough
to overcome rule breaking, even in a “society of saints,” such as monastery.
Once rules are broken, negative social reactions are aroused.  Functionalism stated that deviance is
inevitable, and is a normal part of a healthy society. Functionalists argue
that there are two ways that deviance is relative in space, some behaviors may
be considered deviant in one society but acceptable in another. Secondly
deviance is relative in time, where a behavior was considered deviant at one time,
but acceptable later, or was accepted earlier but deviant years later. Becker (1963,
pg.9) “Deviance is not a quality of the act the person commits, but rather a
consequence of the application by others of rules or sanctions to an “offender”
The deviant is one who is marked as such and the label has been successfully
applied.

Functionalists
argue that deviant behaviors play an important and active, constructive role in
each society by helping to cohere different populations within a society. Deviance
helps to separate what is acceptable and what’s unacceptable behavior. It draws
lines and creates boundaries, it is a function that affirms cultural values and
norms of a society, for the members of the society. Schoepflin (2011) stated that
functionalism recognizes a positive contribution of deviance that creates
social change.

 For example, Rosa Park refused to sit in black
segregated area on a bus, her action was deviant but was viewed as a positive
act even though it violated social norm. 
 By clarifying the moral
boundaries of society, deviant behavior can bring social unity. Deviance is one
way for society to be changed over time. Deviant behaviors can bring an
imbalance to the social equilibrium, however in the process society can restore
a balance and be adjusted to the norms. While there are social change happening
through deviance, the deviant behavior can help to sort out a long term social
stability. A functionalist observation of Harvey Weinstein’s actions would look
at them in positive regards. As savage as they are they expose a criminal,
challenge behaviors, question an overbearing authority a patriarchal community
as Hollywood has over women. It also encourages other women to question male
dominance. 

Regarding
the ‘Paradise Papers’ Durkheim argues that paying taxes is part of an organic
solidarity. Whereby there is social unity, as everyone needs depend on each
other for society to function. Durkheim would argue avoidance of tax paying
would result in the division of labor not surviving within a society. Durkheim
would argue that capitalist run the society, where they determine where the
taxes get spend. It is essential that all individuals working pay their taxes
as the government uses these funds for things like; National Health Service,
Education, and the Police. Durkheim would argue tax avoidance could be pathological.  Clinard and Meier (2001: v) stated that
through observation, “often any consensus that has appeared to exist has been
the result of political, social and economic powers of groups that have
succeeded in imposing on others their views of what constitutes deviance”.

 Quinney (1970) argued that “society is
characterized by diversity, conflict, coercion and change, rather than
consensus and stability. In such an environment definition of deviance reflects
those with the greatest social power.” Parsons also a functionalist would argue
that paying tax is a social role that is internalized by citizens. He explains
by paying tax or avoidance of tax paying should be understood through AGIL
model, stating that for individuals to survive there is four functional
prerequisites that social system need to fulfil. ‘Adaptation’ to the
environment which could be economic production, ‘goal attainment’ goals of
equality and universal rights. ‘Integration’ this is done through integration
into the societal community, through enforcing society’s collective norms. Lastly
‘Latency’ is the intergenerational way of processing society shared values
through socialization. This ensure that the value of society shows individual
behavior and social action. Parson, (1971:10-15).

Marxist
theorists (conflict theory) argue that social and economic factors cause crime
and deviance. These factors are negative functions of society, as they are
evidence of inequality in the system. They challenge other theories like
‘control theory’ arguing that they ignore racial and socioeconomic issues and
oversimplify social trends. Akers (1991). Marx argued that there are two social
groups ‘the proletariat and the bourgeois.’ The bourgeois are wealthy,
controlling all the means of production while the proletariat, workers rely on
the means of production for survival. Marx explains the bourgeois ownership,
means they control and regulate society, from laws, to government.

  

Marxists
argue that the capitalist designs rules, norms, and deviance.  Defining social laws requires power, rules
become tools used by the elite to maintain control. A campaign rally and a political
protest are the same thing. The difference lies in that the protest is defined
as deviant because it is unsanctioned by those in power. Marxists argue that
the elite desire to subdue the lower class and use rules and norms to do so as
well as gain a profit this causes deviance within society. Marx (1964:64)
stated that “Human beings are an ensemble of social relations.”

What
is worth noting is there is a weakness with the conflict theory in that it fails
to consider the elite being criminals themselves. Paradise papers exposes the elite,
the wealthy hiding money in tax havens. This is fraudulent, greed drives their
deviance. Their power allows them to get away with it. There is blue color
crime and what drives such criminals is different from the poor.

The
relationship between rules, norms and deviance becomes challenging to clarify.
An elite world living by their own set of rules. Atkinson argues, “We argue that
objectives of city success have come to be identified and aligned with the
presence of wealth elites while wider goals, of access to essential resources
for citizens, have withered.” Atkinson et al, 2017: 179) Marxists argue that
this disparity is the main cause of deviance in society.

Feminists
argue that men create the rules for women to abide by. Making those rules
require power which man possess in a patriarchal society, they decide the norm.
Feminist theory argues that a woman who has committed a deviant act is often
seen as double deviant, as they have broken the law that society has set, and
they have broken the gender norms which is the ‘appropriate’ female behavior.
The double standard explains the tendency to medicalize a woman deviance,
stating that it is a product of physiological or psychiatric pathology. Kramar,
(2011) stated that a “good” middle and upper- class woman who was starting to
have the benefits of independence from men, would turn to stealing in
department stores, this activity was done in the 19th century and was
diagnosed as an illness of the “weaker sex”.

The
gender differences revolve around patriarchal attitudes toward women, also
dismissing the matters that need to be considered regarding private or domestic
nature. Gilman, 1911 stated that women live in a fabricated world which is
called “androcentric culture”, in which one sex ‘the man’ is most accepted and
the women is consider as a ‘sub-species. This would explain why men have ‘monopolized
all human ventures. The way women are viewed in society by men as an object. De
Beauvoir 1949/1953: pg.16, 291 stated that men do not define women as herself
but in relation to a man, not regarding women as autonomous beings. She is only
differentiated with reference to a man, but never the other way around. She is
the incidental and the inessential as opposed to the essential, the man is
viewed as the subject and the absolute. The woman would need to accept herself
as the other, though the men could accept a woman as equal, they would require
of them to remain the inessential.

 

Harvey
Weinstein (2017) sexually abused multiple woman. He abused his power in a male
dominated environment, using his influence and resources to either better an actress
career or ruin it. He typifies a society that is male driven, women as
accessories or inessentials. He raped a countless number of women, took
advantage of their desire to succeed in a male dominated environment. He is
deviant in a s far as society is concerned at large but typical of a private Hollywood
life style of rich and powerful men.  

 

From
the above discussion there is a clear consensus that there is some sort of
relationship between rules, norms, and deviance. There is however discord
between theorists.  R.K Merton argues
that the driving force of any form of deviance is an individual’s position in
society. The elite will conform, though they too can be deviant. In his Strain
Theory, like K. Marx (Conflict Theory) suggests that the strain of life makes
people become deviant. Feminists argue along the same lines as well. The
relationship is because those who make the rules and decide the norms are men.
A patriarchal society is biased against women so any relationship between rules
norms and deviance is biased against women. Biological and Psychological theorists
do not see any relationships between rules, norms, and deviance. They argue
that some individuals are born with an innate proclivity towards deviance, a
natural bent towards braking norms and rules. This genetic or a neurological
issue inherited from family who had similar conditions. Labeling theory argues
if you label a person as deviant they become just that, deviant. They argue
that just identifying someone as deviant will drive them towards deviant behaviors,
a self-fulfilling prophecy.

In conclusion
one agrees there is a congruent relationship between rules, norms, and
deviance. The biological and psychological theories are defunct because they
cannot be proven. Marxist theory fails to explain the deviant actions of the elite.
If they are wealthy, why do they commit crimes. Feminism fails to explain the
actions deviant in this modern society where women have obtained equal rights.
They commit crimes just as man do driven by same issues as man have There is a
clear relationship even though scholars might struggle in explaining it. The
relationship between the three in intrinsic, they are intertwined and a discussion
of one discusses the other.