sellin culture conflict and crime
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Culture Conflict and CrimeAuthor(s): Thorsten SellinSource: American Journal of Sociology, Vol. 44, No. 1 (Jul., 1938), pp. 97-103Published by: The University of Chicago PressStable URL: http://www.jstor.org/stable/2768125Accessed: 04-08-2015 13:30 UTC
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CULTURE CONFLICT AND CRIME'
THORSTEN SELLIN
When
n
935
the
Social ScienceResearch ouncil
ppointed
rofessor
E. H.
Sutherland nd the author o
constitute
subcommitteen
de-
linquency f the Council's
Committee n
Personality
nd
Culture, he
Council
was merely
pplying
n
experimental
echnique
f research-
planning
lready nstituted
y the appointment
f
a
subcommittee
n
co-operative
nd
competitive
abits
and one
on
acculturation.The
general lanof work or hesecommittees as beenpresented arliern
this
Journal,2
nd the
products
f
the
abors of
the
committee
n co-
operation
nd
competition
ave been
in
for
some
time.3
riefly
statedeach of the committees as to
view the
accumulated
nowledge
bearing
n somerestricted
roblem
r
cluster f
problems
n
a
larger
ield,
to
attempt
o evaluate ts
validity
rom he
point
fviewof
cience,nd,
having
discoveredwhat
may
be
regarded
s
established
nowledge,o
suggest esearch
uestion
heanswers o which
would
dvance omewhat
the
frontiers
f
scientific
nowledge.
he
subcommittee
n
delinquency
chosefor tsproblem hatofculture onflictnd itsrole nthecausation
of
crime.The
report
f
the committee
repared
y thepresent
writer
and entitled rime
nd
Culture
onflict
s
now
n
press nd
willappear
as a
bulletin f
the
Social
Science
ResearchCouncil.
t
opens with n
introductoryhapter,
Criminology
nd
the Way of
Science, n
which
an
attempt
s made to
statethecriteria
n
the ight fwhich
riminologi-
cal
researcheshouldbe
examined.The
second
hapter, A
Sociological
Approach
o
the
Study
of
Crime
Causation,
attempts o utilize
the
criteria
mentioned
n
an
efforto furnish
riminologicalesearch
with
I
[This paper is based on a researchmemorandumfthesame title
by Dr.
Sellin,
plannedfor
publication
n
June
of this year
by
the
Social Science
Research
Councilas
Bull.
41 inits
series. The
research
uggestions
ere
ncludedhave been
taken
from he
manuscript f
this
memorandum.-EDITOR.]
2
Donald
Young,
A
Note
on
Procedure n the
Planning
of
Research,
American
Journal
f
Sociology,
LII
(July,
936), 95-99.
3
MarkA.
May and
Leonard Doob,
Research n
Competition
nd
Cooperation,ull.
No.
25
(New
York:
Social
Science
Research
Council,
937);
Gordon
Allport,Gardner
Murphy,
Mark
May, et al.,
Memorandum
n
Research
n
Competition
nd
Cooperation
(mimeographed) New
York: Social Science
Research
Council,
1937),
p.
395. Mark
A. May, A Research Note on Co-operative nd CompetitiveBehavior, Amnerican
Journal f
Sociology,
LII
(May,
1937), 887-91.
97
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98
THE AMERICANJOURNALOF
SOCIOLOGY
foundation ore onsistent ith
hedemands f cience han s
the rimi-
nal law with ts formalistic,ne-sided, nd variabledefinitions. his
chapter
ketches he outline
f
a
science
f
etiology nd tries o show
how
criminologicalesearches it nto the more
nclusive rameworkor
researches
n
abnormal onduct. A chapter n
research rocedures,
which
nalyzes he
nterdependence
fthe
case
method nd the tatis-
tical
method of nvestigations
followed y a
final
hapter n The
Conflict
f
Conduct
Norms.
The final hapter nalyzes
he meaning f the
concept fculture on-
flict s
presented y social
theorists, eviews heresearches n culture
conflictnd delinquency, ndconcludess follows:
We
have tried o show hatthe
concept
f
culture
onflict as
been
o
formulatedy some cholars
hat
ll
sociological esearch ncrime ausa-
tion
maybe conductedwithin ts framework.
his is
its
weakness s an
operational
oncept.We
have noted that
n
thestudyof conduct t is
necessary o think f culture
onflicts a
conflict
fconduct orms, hat
such
conflictmayarise as a result f a
process f
groupdifferentiation
within
cultural
ystem
r
area,
or as a result
fcontact etween orms
drawn rom ifferentultural ystems rareas,and that wemay study
all
such
conflicts
ither
y
the
nvestigation
f
persons
n
whom hecon-
flict s assumed o be internalizedr
by
a
study
f
violations
n
groups
or
areas within
which
t is assumed hat such conflictsccur.
We
have
furthermore
tressed
hat
the
study
f
theconflicts
f
norms
f
divergent
cultural
ystems ouldbe especially
aluable n this
onnection.
inally,
an
analysis
f
some
studies
whichhave
been concerned
ith
he
role
of
culture
onflict
n
the causation f
egal
violations
as
shown s that
we
have
no
clear
picture
f
this causative lement. urther esearch
s
obviously eeded.
SOME
RESEARCH
SUGGESTIONS
Since
we
are concerned
ith
he
role
of the conflict f conductnorms
in
the
etiology f
norm
violations,
t becomes
obvious
that we must
establish
n
the
persons
r
groups
tudied
i)
the existence
f
a norm
conflict
within ersonality,
ithin cultural
roup,
r
betweennorms
of two
groups)
nd
(2)
the
violation f
a
norm nvolved
n
thisconflict
beforewe
can
determineherelationship
f
the
violation o the
presence
of the conflict.Whereno normconflictxistsviolation f theunique
norm
governinguch a
life-situation ustbe explained
n
other erms.
The nature f
heconflict ust e
determined.f,
for
nstance,
e should
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CULTURE
CONFLICT AND CRIME 99
attempt o discover he relationship
o
delinquency
f the conflict f
normswhichmay be assumedto arise whenan immigrantroupfrom
another ontinent ettles
n our
shores,we
should
ike to know
i)
the
character f the receiving roup's egal
normswhich his
migrant roup
is expected o obey;
2)
whether
r not
these egal
norms re
also
legal
or nonlegal orms
n
the migrant roup if themigrant rouppossesses
legal or nonlegalnorms denticalwiththe egal
norms f the
receiving
group o norm onflictxists);
3)
if
he
migrant roup
ossesses
o norms
at all
governing
he life-situation
overed
by
the
law of the
receiving
group if o,no norm onflictan
occur
ither, ut
n such n
instance
t
maybe permissibleo consider heviolations ythemigrant roup fthe
law of the receiving roup
s
related
o
what might
e
called
cultural
unilateralism);
4)
the
character f the
norm
onflict: a) does
it
occur
onlybetween egal
norms
dentical
n
both
groups
nd an
antagonistic
conductnorm eculiar
o the
migrant roup? If so,
the
conflict
s
con-
finedwithin he atter roup); b)
does t occur etweenegal
norms
which
are different
or
the
two
groups lthough
he
nonlegal
onduct
norms
governinghe ife-situation
n
question
re identical
n
bothgroups? If
so,
a conflict
f
aws
or of
egal
norms
s
involved); c)
does t occurbe-
tween nonlegal onductnormn themigrant roup nd a legalnorm
in
the receiving roup,
he former
ossessing
o
legalnormgoverning
the
ife-situationnvolved?We
would, hen,
e
compelled
o
analyze he
violations
fthe
egal
norms f
the
receiving roup
ythemigrant roup
in
the ight f the various
forms
f
conflict
ndicated. Furthermore,
n
the
study
f
the
relation
f
violations o
processes
f
acculturation nd
inculturation hich egin
o
operate
s soon s
themigrant roup ettles
down,
we
would have to consider he
resolution
f
the conflict r its
intensification
n
relation o
retarding
r
accelerating actors eculiar
to themigrant roupbyvirtue f ts socialstatus s definedy there-
ceiving roup.
The technical
ifficulties
n
such a
study re clear to all
careful tudents. he
groups
tudiedmust
be
composedwith heutmost
care;
their
onduct
orms
xamined nd their
iolations4 easuredwith
equal
care.
Adequate
control
roupsmust
be
used. Much moreeffort
mustgo into
the
planning
f the research
hanhas customarilyeen the
case. Some of the
most
elaborateresearchesn criminologyave been
characterizedy
extensive echnical
nalyses
f
data drawn rommaterial
4
Cf. the analysisof the problem nvolved n the measurement f legal violations
in
the writer's
hapteron The Index Question,
ResearchMemorandutmn Crime n
theDepression,
ull.
27
(New
York: Social Science
Research
Council,
937),
pp.
Vii,
'33.
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100
THE AMERICAN JOURNAL
OF SOCIOLOGY
assembled nthe basis
of sucha
carelesslyormulated
lassification
hat
the final esults
avebeen meaningless.
CROSS-SECTIONAL
STUDIES
i. Comparative
tudies f ypical
ormswhich n
different
ocialgroups
govern
onduct
n
life-situations
nvolving,or nstance, he
defense
f
personal
onor,
hetaking
f
ife,
he relation f thesexes,marital
ela-
tionships, arent-child
elationships,he appropriation
f
the
property
of
others,
he
relations fthe
person
o
government,
tc. Such
questions
as the following
ould
arise:
What
extra-legal
nd
legal
norms
overn
these ituationsndhow are conflictsmong hesenorms elated o the
violations
f
the
egal
norms?Are such conflictsssociatedwith ertain
life-situations,
ore than
with
others?
s the
intensity
f
the conflict
greater
n some situations han
n others?What
conditionsre related
to
the
presence
r absence
of
conflict?
2.
Comparative
tudies f
different
ocial
groups
n order o establish
all
or
specific
ormswhichwithin
ach
type
of
group
re n conflict
ith
one another
r
with
he
norms f someother
roup.
The
purpose
would
be to
determine
he nature
and
the
intensity
f such
conflicts,heir
relationshipso awviolations,he onditionsssociatedwith hepresence
or absence
f
conflicts,
tc.
For
nstance,
he
professional
riminal
roup
which
ossesses
norm omplexes
efinitely
n conflict ith
he
aw,
mi-
grant roups
rom
ifferent
ulture
reas,
nd
occupational,
rofessional,
trade,
eligious,
acial
groups,
tc.,might
e
so
studied.
Specific
roblems
might
e attacked,
uchas the
following:
a)
It has
been
generally
eld
that
the second
generation
f
a
migrant
group
s more
delinquent
han
the
receiving roup
nd that this s
in
part,
at
least,
due
to
culture
onflict.
Many
studies re
needed to
determinehenature, xtent,ndrelationshipf uchdelinquencyothe
conflict
etween
arental
ormsnd
thenorms fthesecond
generation.
(i)
If other actors
han
parentage
re held
constant,
s the
second
gen-
eration
f
specific igrant
roup
rural-urban igrant,
mmigrantroup
from
specific
ulture
rea)
more
delinquent
han
control
roup
f
dif-
ferent
arentage?
2)
Is the ower
ommitment
ate
n
many
tatesfor
the
second
generation
f
mmigrant
tock ssociatedwith
differencesn
cultural
rigin
f
parents
r
with
differences
n
the
social
environment?
(3)
Why
s the
mixed
arentage
roup
haracterized
y
such
ow
commit-
mentrates?Untilrecentlyhisgroupwas assumed o have thehighest
rates,
wing
n
part
to
conflicts etween
he
norms
f the
parents.
Are
all
types
f
mixed
marriages
nvolved
r are
some
more
provocative
f
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CULTURE CONFLICT
AND
CRIME
IOI
conflictshan
are others,nd,
f
so,
are
the
children f these
atter
more
likely o be
delinquenthanthose
f
the former? s
mixed
marriages
n
thisconnection emightwell consider otonly hemarriagefpersons
of
differentationality
r differentaces but of
different
ulturalevels
or
groups.
b) It has been
claimed hat a personwho
s
maladjusted
o his
social
group s also likely o be
maladjusted
o the arger
ommunity.
his is
not ikely o
be trueunder
ll conditions. tudies
hould e
made
to
show
the imits
within
which hegeneralization
s
accurate.
c) The same holdstruefor he claim
that a
well-organized,
omoge-
neous socialgrouprestrainstsmembers,hereby olding elinquency
within he
group
t a low evel nd
causing
hose
whocommit
iolations
to do so
outside hegroup
r
n
association ithnonmembersf he
group.
d) If two
groups rural-urban,ifferent
igrantroups, tc.) possess
the
same
legal
norms ut
widely
differentates of
violations
f
those
norms, s the
differenceelatedto
more
or
stronger
onflicts
etween
extra-legalnd
egal
norms
n
the
one
group
han
n
theother
r to other
factors?
e) Does a selected
ample
of a
migrant
roup
reveal
through ase
studiesmorenorm onflictshandoesan appropriateontrol roup om-
posed
of
persons
rawn
rom he
receivingroup
r
the home
group?
f)
What differencesxist
n
the
type
nd the
motivationsf
violations
committed
y
ruralgroups s
compared
with
urban
groups
n
the
same
culture, s
manyfactors
s possibleheld
constant?
g) The same
question
may be raised n
comparing
migrant roups
with
ontrol
roups
n
the home
rea and
in
the
receiving
rea.
h)
Are
laws
whichcontain
widely ccepted norms
more
frequently
obeyed
hanthose hat
have
onlyminority
upport?
Do
members
fthe
minorityn such instances iolate the law morefrequentlyhan the
others?
i)
Is
the
migrant
roup
more
delinquent
mmediately
fter
he
migra-
tionthan
before?
j)
Is
themigrant
roup
more
delinquent
n
the
receivingrea thana
control
roup
hat
remained t home? These
questions i
and
)
may
be
answered
y
studies f
pecificmigrant
for
nstance,ural-urban)
roups
within
country,
tc. Conflicts f
normsmustbe
segregated
rom
uch
other actors s
differentials
n
age
and
sex
distribution,conomic
tatus,
etc.,whichmaybe more mportantnexplainingheviolation ates.
k)
We
need more
tudies f
social
groups
who
exhibit
minimum
f
norm onflicts.
Who
commit
iolations f norms
within uch
groups?
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I02
THE
AMERICAN
JOURNALOF
SOCIOLOGY
Is it those
who
havehad
most
extra-group
ontacts,
he
migrant
rom
other roups,hebiological eviate?Studies fgroupswithhomogeneous
norms
n
this
connection
hould
id in
understandinghe
problems f
norm
heterogeneity.
HISTORICAL
STUDIES
i. The conflict
hich
ccurs
when
the
legalnorms
f one
group
re
extended
ver
areas
formerly
ot
cognizant f
them,
may
be
assumed
to induceviolations f
these
norms
y
persons
iving
n
the
subjected
area.
Except
for asual
referencesn
ethnographic
orks,
works ncolo-
nial
jurisprudence,
tc.,
ittle
s
known ftheprocesses nd theeffects
of the conflict eferredo.
Unfortunately,
tudies
n
problems
nvolved
herewould
ordinarily
ave
to be
made
ong fter
he
moment
when he
extension
f
jurisdiction
ook
place.
Nevertheless,ighton
the
role of
norm onflict
nd its
resolution
ould
no doubt
be
gainedfrom
istorical
researches
nvolving
he
xtensionf
British
aw
n
ndia;
French,
talian,
British,
nd
Belgian
aw
in
Africa;Spanish aw
in
South
and
Central
America;
he aw of the
United
States over
American
ndians,
Hawaii,
Samoa,
etc.
2.
Do migrants ecomemore riminalr esscriminalhe onger hey
reside
n
the
receiving
rea?
How
is
this
related
o the
type
of
area of
origin
nd
the
type
of
receiving
rea? How is
it
related o the
character
of
the
violation
nd the
type
of norm
violated?
s
the
process
more
rapid
n
some
types
f
receiving
reas
than
n
others?
3. It has
been
stated that norm
onflicts
may
be
endogenous
r ex-
ogenous, .e.,
theymay
arise within
group
which
undergoes
more
or
less
rapid
ocio-economicransformations
s a
result f
the effects
f
n-
ventions,
variety
f
environmental
ressures,
tc.,
which
reate
new
life-situationsequiringocialdefinition,rtheymaybe introducedrom
without he
group.
n
the
process
of
the
cultural
hange
which
any
migrant
roup
undergoes
n
the
receivingrea,
whatrole n
the
conduct
of tsmembers
s
played
by
norm
onflict
pontaneously
eveloped
within
the
group
s
compared
with
hose
of
exogenous
ature?
4.
What norm
patterns
n
the
migrant
roup
how the
greatest
e-
sistence
o
change
r modification? re
they
rooted
n
specific
ypes
f
life ituations r associated
with
pecific
ypes
f
nstitutions?
onverse-
ly, which
norms re most
easily
modified nd
which
re
not?
In
what
manner s thispersistencefnorms elated oviolations fthenorms f
the
receiving
roup?
5.
It
is
claimed hat
ruralratesof norm
iolations
endto
approach
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CULTURE
CONFLICT
AND CRIME
I03
the urban rates
as definitely
ural
areas
are
invaded by antagonistic
norms rowing ut of theheterogeneousrban ulture. s this rue?
6. It is
claimed hatviolation atesby the migrant roup end to be
higher or hosewho ive on
theborder for between ulture reas, ince
conflicts
f normswould be most ntensive r would first rise
there
rather han n the nteriorf
hemigrantrea. This claim equires
urther
investigationot onlyfor anguage r culture reas nvarious
ommuni-
ties
n
theUnited tateswith
divergent igrant roups,
ut n
European
countriesnd even
in
the
border ounties f our
states
n
the
case
of
offenses,
or
nstance,which arrydifferentenalties
n
the two
states
involved.
7. The secondgeneration f
migrant arentage
s said to
approach
the
receiving roup
n
type nd motivation
fviolations ather
hanthe
parentgroup.
This
is
interpreted
o showthe effect
f
a
disappearance
of the
conflict
f
norms ssumed o account
or he
type
nd
motivation
of
offenses
ommitted y
the
parentgroup.Very
few studies xist
on
this
problem.To what degree
s
thedifference
ue
to age differentials
in
the wogroups?sHow doviolation ates, y type f ffensend
motiva-
tion,
f
the
secondgeneration
f
migrant
tock
omparewith
he
viola-
tions, tc.,bya controlroupntheplaceoftheparents' rigin?
8.
If
migrants ith given
norms ettle
mongpeople
with
different
norms, he conduct f the
latter hould
n
the life-situationoncerned
be affectedf theybecome cquaintedwiththe migrant's orms.
Does
this
actuallyhappen?
Hitherto
o studies
known
o the
author
ppear
to
havepaid attention
o
this
problem.
9. Related to the above question s the following:When a homo-
geneous roup,
uch as a rural
group,
nculturates
onflictingorms,
o
violations
f the
old
normsrise?
Conversely,
when n
a groupwith
heterogeneousorms ertainnorms chieve ncreasing ominance, o
their
iolations ecline?
These research uggestions
re
offered
n
the hope that they will
stimulate
nquiry. hey are
offered
ith
diffidence
o scholars
who
may
gain
from hem
omedirect id or who
may
be
able to drawfrom hem
other
deas for
ppropriate esearchrojectswhichwill
n
their
ggregate
givegreater recision o ourknowledge f the etiology f abnormal
on-
duct.
UNIVERSITY
OF
PENNSYLVANIA
S
Cf.
Donald
Taft,
Nationality and Crime, Amer.Soc. Rev., (October,
936),
724-36.
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