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Category Archives: Legitimacy
There are plenty of theories about why rules are broken, arguments about who make the rules and about how we deal with rule breakers. We can discuss victimology and penology, navigating our way around these, decrying how victims and offenders are poorly treated within our criminal justice systems. We think about social justice, but it seems ignore the injustice perpetrated by some because we can somehow find an excuse for their rule breaking or point out some good deed somewhere along the line. And we lament at how some get away with rule breaking because of their status or power. But what is to be done about people that break the rules and in doing so cause or may cause considerable harm to others; to the rest of us?
Recently, Greece imposed a new penalty system upon those over 60 that are not vaccinated against Covid. Pensioners who have had real reductions in their pensions are now to be hit with a fine, a rolling fine at that, if they do not get vaccinated. This is against a backdrop of poor vaccination rates which seem to have improved significantly since the announcement of what many see as draconian measures by a right-wing government. There are those that argue that vaccination ought to be a choice, and this has been brought into focus by the requirements for health workers and those in the care profession to be vaccinated in this country. And we’ve heard arguments from industry against vaccination passports which would allow people to get into large venues and a consistent drip-drip effect of how damaging the covid rules are to the leisure industry and aviation, as well as the young people in society.
So, would it have been far more acceptable to have no rules at all around Covid? Should we have simply carried on and hoped that eventually herd immunity would kick in? Let’s not forget of course that the health service would have been so overwhelmed that many people will have died from illnesses other than Covid (they undoubtedly have to some extent anyway). The fittest will have survived and of course, the richest or most resourceful. Businesses will have been on their knees as workers failed to turn up for work, either because they were too ill or have moved on from this life and few customers will have thought about quaffing pints, clubbing, or venturing off to some faraway sunny place (not that they’d be particularly welcome there coming from plague island). It would have felt more like some Darwinian evolutionary experiment than civilised society.
It seems that making some rules for the good of society is necessary. Of course, there will be those that break the rules and as a society, we struggle to determine what is to be done with them. Fines are too harsh, inappropriate, draconian. Being caring, educating, works for some but let’s be honest, there are those that will break the rules regardless. Whilst we can argue about what should be done with those that break the rules, about the impact they have on society, about victims and crimes, perhaps the most pressing argument is about equality of justice. The rest of us, those that didn’t break the rules, might question how draconian the rules were (are) and we might question the punishments meted out to those that broke the rules. But what really hurts, where we really feel hard done by, let down, angry is to see that those that made the rules, broke the rules and for them we don’t get to consider whether the punishment is draconian or too soft. There are no consequences for the rule makers even when they are rule breakers. It seems a lamentable fact that we have a system of governance, be that situated in politics or business, that advocates a ‘do as I say’ rather than ‘do as I do’ mentality. The moral compass of those in power seems to be seriously misaligned. As the MP David Davis calls for the resignation of Boris Johnson and says that he has to go, he should look around and he might realise, they all need to go. This is not a case of one rotten apple, the whole crop is off, and it stinks to high heaven.
A little over a week ago our university introduced the compulsory wearing of face masks indoors. This included wearing of masks in classrooms as well as common areas and offices. Some may argue that the new rules were introduced a little too late in the day, whilst I’m sure others will point to the fact that government guidance is that the wearing of face masks is advisory and therefore the introduction of the new rules was unwarranted. Let’s be honest the government and their political party haven’t set much of an example regarding the basic safety ideas, let alone rules, as evidenced by the recent Conservative party conference. The new rules at the university, however, are not enforced, instead there is a reliance that students and staff will comply. This of course creates several dilemmas for students and staff where there is a failure to comply and it makes for some interesting observations about general human behaviour and deviance. To that extent, university life might be viewed as a microcosm of life in the general population and this lends itself quite nicely to the analogy of behaviours whilst driving on a road.
Driving behaviours vary, from those drivers that consistently and diligently stick to the speed limit despite what others may be doing, to those that have complete disregard for limits or indeed others including those that police the roads. Let us be quite clear at this stage, speed limits are nearly always there for a reason. There is ample research that speed kills and that reductions in speed limits injuries and saves life. Whilst those drivers that drive over the speed limit will not always be involved in a collision and that a collision will not always result in serious injury or death, there is a much greater potential for this. The risks of course are spread across the population in the locality, the impact is not just felt by the speeding driver but other drivers and pedestrians as well. To some extent we can make the comparison to the risks associated with catching Covid and the wearing of masks and social distancing, failure to comply increases risks to all. As a quick reminder, the wearing of masks is to protect others more so than it is to protect the individual mask wearer.
Observations of behaviours regarding staff and students wearing masks at the university are interesting. There are those that comply, regardless of what others are doing, some of these will have been wearing masks indoors before the new rules came in. Not dissimilar to the careful driver, sticking to the speed limit but also prepared to drive slower where they perceive there is a greater risk. Then there is the well-intentioned mask wearer, the one that knows the rules and will stick to them but through absent mindedness or through some of life’s many distractions, they fail to wear their masks at various points of the day. As with the well-meaning driver, they are easily reminded and often apologetic, even if it is only to themselves. Of course, there is the ‘follow the flock’ wearer, the person that could quite easily be persuaded to not wear their mask by the rest of the flock as they fail to wear theirs. The driver that joins the rest and drives at 40mph in a 30mph limit because the rest of the traffic is doing so. Next is the deviant that has disregard for the rules as long as no one in authority is looking. The person that keeps their mask handy, probably under their chin and then when challenged in some way, perhaps by a disapproving look from a member of staff or by a direct challenge, puts their mask on but only for the duration they are under observation. Not dissimilar to the speedster that slows down when they see a police vehicle or a static speed camera only to speed up again when the danger of being caught and sanctioned has passed. Finally, there is the person that has complete disregard for any rules, they will blatantly fail to wear a mask and wave away with complete disdain any attempt by student ambassadors positioned at the door to offer them a mask. They like the speeding driver that fails to obey any of the rules of the road have complete disregard for the rules or indeed any rules.
Whilst we may lament the fact that some people forget, are distracted but are generally well meaning, we probably wouldn’t want to impose any sanction for their deviance. But what of those that have complete disregard for the rules? It is worth returning here to the general ethos of wearing masks; to protect others. The disregard for the rules is inter alia a disregard for the safety of others. Whilst we might observe that the deviancy is apparent amongst several students (a problem that might be generalised to society), it is somewhat disconcerting that there are a significant number of staff who clearly do not think the rules apply to them. They seem to neither care about their colleagues nor the students and it would seem consider themselves above the rules. Another comparable trait in general society where those in positions of power seem to have a disregard for rules and others. Finally, we might consider how we could police these new rules as clearly our university society of students and staff are unable to do so. I can hear the cries now, haven’t you got anything better to do, this is a sledgehammer to crack a nut and all the usual rhetoric endured by the police across the land. If you make a rule, you must be prepared to enforce it otherwise there’s no point in having it. Imposing an unenforceable rule is simply playing politics and attempting to appease those that question the conditions in which students and staff work. Imagine speed limits on the road but no enforcement cameras, no police and no sanctions for breaches. It will be interesting to see how long the general population at the university follow the new rules, recent observations are that the flock of sheep mentality is starting to come to the fore. As a parting thought, isn’t it amazing how easy it is to study crime and deviance.
Recently after yet another military campaign coming to an end, social media lit all over with opinions about what should and should not have been done as military and civilians are moving out. Who was at fault, and where lies the responsibility with. There are those who see the problem as a matter of logistics something here and now and those who explore the history of conflict and try to explain it. Either side however does not note perhaps the most significant issue; that the continuation of wars and the maintenance of conflict around the world is not a failure of politics, but an international crime that is largely neglected. For context, lets explore this conflict’s origin; 20 years ago one of the wealthiest countries on the planet declared war to one of the poorest; the military operations carried the code name “Enduring Freedom”! perhaps irony is lost on those in positions of power. The war was declared as part of a wider foreign policy by the wealthy country (and its allies) on what was called the “war on terror”. It ostensibly aimed to curtail, and eventually defeat, extremist groups around the world from using violence and oppressing people. Yes, that is right, they used war in order to stop others from using violence.
In criminology, when we talk about violence we have a number of different ways of exploring it; institutional vs interpersonal or from instrumental to reactive. In all situations we anticipate that violence facilitates more violence, and in that way, those experiencing it become trapped in a loop, that when repeated becomes an inescapable reality. War is the king of violence. It uses both proactive and emotional responses that keep combatants locked in a continuous struggle until one of them surrenders. The victory attached to war and the incumbent heroism that it breeds make the violence more destructive. After all through a millennia of warfare humans have perfected the art of war. Who would have thought that Sun Tzu’s principles on using chariots and secret agents would be replaced with stealth bombers and satellites? Clearly war has evolved but not its destructive nature. The aftermath of a war carries numerous challenges. The most significant is the recognition that in all disputes violence has the last word. As we have seen from endless conflicts around the world the transition from war to peace is not as simple as the signing of a treaty. People take longer to adjust, and they carry the effects of war with them even in peace time.
In a war the causes and the motives of a war are different and anyone who studied history at school can attest to these differences. It is a useful tool in the study of war because it breaks down what has been claimed, what was expected, and what was the real reason people engaged in bloody conflict. The violence of war is different kind of violence one that takes individual disputes out and turns people into tribes. When a country prepares for war the patriotic rhetoric is promoted, the army becomes heroic and their engagement with the war an act of duty. This will keep the soldiers engaged and willing to use their weapons even on people that they do not know or have any personal disputes with. Among wealthy countries that can declare wars thousands of miles away this patriotic fervour becomes even more significant because you have to justify to your troops why they have to go so far away to fight. In the service of the war effort, language becomes an accomplice. For example they refrain from using words like murder (which is the unlawful killing of a person) to casualties; instead of talking about people it is replaced with combatants and non-combatants, excessive violence (or even torture) is renamed as an escalation of the situation. Maybe the worst of all is the way the aftermath of the war is reflected. In the US after the war in Vietnam there was a general opposition to war. Even some of the media claimed “never again” but 10 year after its end Hollywood was making movies glorifying the war and retelling a different rendition of events.
Of course the obvious criminological question to be asked is “why is war still permitted to happen”? The end of the second world war saw the formation of the United Nations and principles on Human Rights that should block any attempt for individual countries to go to war. This however has not happened. There are several reasons for that; the industry of war. Almost all developed countries in the world have a military industry that produces weapons. As an industry it is one of the highest grossing; Selling and buying arms is definitely big business. The UK for example spends more for its defence than it spends for the environment or for education. War is binary there is a victor and the defeated. If a politician banks their political fortunes on being victorious, engaging with wars will ensure their name to be carved in statues around cities and towns. During the war people do not question the social issues; during the first world war for example the suffragettes movement went on a pause and even (partly) threw itself behind the war effort.
What about the people who fight or live under war? There lies the biggest crime of all. The victimisation of thousands or even millions of people. The civilian population becomes accustomed to one of the most extreme forms of violence. I remember my grandmother’s tales from the Nazi occupation; seeing dead people floating in the nearby river on her way to collect coal in the morning. The absorption of this kind of violence can increase people’s tolerance for other forms of violence. In fact, in some parts of the world where young people were born and raised in war find it difficult to accept any peaceful resolution. Simply put they have not got the skills for peace. For societies inflicted with war, violence becomes currency and an instrument ready to be used. Seeing drawings of refugee children about their home, family and travel, it is very clear the imprint war leaves behind. A torched house in a child’s painting is what is etched in their mind, a trauma that will be with them for ever. Unfortunately no child’s painting will become a marble statue or receive the honours, the politicians and field marshals will. In 9/11 we witnessed people jumping from buildings because a place crashed into them; in the airport in Kabul we saw people falling from the planes because they were afraid to stay in the country. Seems this crime has come full circle.
I’m a great believer in human rights and when the topic comes up, I make it clear to my students that you either buy into human rights wholeheartedly or you don’t buy into it at all. There is no halfway house. You cannot pick and choose which bits you like, or decide that there is a time limited offer, a bit like a sale, on one month but not the next, and then on again. Nor can you decide that such rights only apply to some and not others (Home Office take note regarding refugees and asylum seekers). But the more I think about human rights the more I question how rights can work on an individual level without impacting on others’ rights.
A good example is the protests over the last year or so, particularly during ‘lockdown’. I ought to hasten to add before someone protests vociferously, that this blog is not about the validity of the subject matter being protested about. The blog is simply about how the exercise of rights that we hold so dear, can and do impact on other’s rights.
The government and its agents have a duty to ensure that human rights are facilitated as best as possible. Whilst there are some caveats, this duty extends to taking positive steps to ensure that we have a right to protest, a right to associate with whom we like, a right to express what we want to express and I would suggest above all else a right to life. I have prioritised the right to life but, in the arguments about the rights to protest, few if any question the impact that such protests have on that one fundamental right.
And I can hear the arguments now, what the people are protesting about is far bigger, too important not to be allowed to protest. The argument can even be extended to the fact that the protests are about the right to life, a valid argument. So, it is ironic that protesting about the right to life impacts on others’ right to life. If you don’t agree then please tell me what the purpose of ‘lockdown’ was if it wasn’t at least in part to save lives. The problem with protests, peaceful or not is that they do not suddenly happen in one place, people are not just beamed in. Would be protesters have to get to the venue thereby creating multiple opportunities for the spread of Covid. But even when we are not in ‘lockdown’, many protests have a detrimental impact on the rights of other members of the public through the disruption caused. In exercising fundamental rights, we trample on the rights of others. Whilst we may agree with the sentiments of the protests, it is and should not always be the case. Protests are not always about what we hold or ought to hold dear, in fact sometimes the opposite.#
I cannot say I am in favour of the new proposals to regulate protests, but I do understand the rationale, at least in part. I also understand the concern and the possible impact on our freedoms. But I find it somewhat bemusing that so many are quick to criticise and yet so few offer solutions. One day, when I am particularly annoyed about something and decide to join a protest, I wonder whether I will think about other people and the rights I am depriving them of?