Thursday, December 8, 2011

Thoughts on Criminology Part I - Defining Crime


The definition of crime sounds somewhat trivial to most people.  It is commonplace to believe that the definition of crime is any action taken against the laws of the state.  This, however, barely scrapes the surface.  The state, or government, is nothing more than a body of people organizing in a certain way, and calling their organization the government, or the state.  Hence, these same people, just as anyone else, are capable of committing crimes as well.  The most obvious example of this is the Nuremberg trials after World War II.  Since governments can commit crimes as well as citizens, it goes to show that the definition of crime cannot simply be actions taken against the laws of the state (as refusing to follow orders in the case of Nazi Germany would have been considered a crime by the German government at the time).
In order to define crime, we need to explore the nature of mankind.  It is necessary to start with universal facts about human existence.  What do we know that applies to everyone in the world, and at all times?  Well, we know that people can only be at one place, at one time, doing one thing at a time (yes, I know multi-tasking is growing, but multi-tasking involves constant shifts in attention and goals rather than doing them all at once).  That being said, we may say that we know "man acts". Thanks to the contributions to the social sciences by Ludwig von Mises in the 20th century, who used the science of Human Action (praxeology) in order to build a coherent economic model, we already have the necessary axioms of human action to begin with.  Human action, which ought be the starting point of all social sciences, shows that man acts in order to improve the conditions of his life with purposeful behavior.  If there were nothing man could 'do' in order to make his life better than what it is, there would be no reason for action.  The axiom of argumentation proves that since individuals can and do argue with one another, there are cause and effect expectations in life. 
There are two distinct ways in which man interacts with the world in order to improve the conditions of his life.  These include forming relations with others, and acquiring property.  In order to analyze the aspects of crime when it comes to relationships, it is first necessary to explore the question of property. 

Since we are all in complete control of our own bodies (baring some medical deficiency of course), we may say that we own our bodies.  I am the only person with the brain required to tell my body what to do; to tell my fingers to type, my legs to cross, etc. 

Ok, so we own ourselves, but how do we gain ownership of things outside of ourselves; provided by the Earth?  One way is by homesteading property.  This means being the first to mix one's labor (that is, effort to improve one's living conditions) with the land.  Being the first to mix your labor with a piece of land means that it is your will that is at work there; you are the one using the said land in order meet your ends, and it was your labor.  Rightfully, this property belongs to you. 

Suppose you decide to use this piece of land to build a house.  Since you were not born with any knowledge on how to build a house, your venture could take quite a while.  But this is true of everyone, so how do we overcome this obstacle?  By exchanging with others.  Man cannot possibly bring into reality everything he wants throughout his life all by himself, however, if I could get someone to build this house for me, I can spend my time trying to acquire some of the other things I want.  It is easy to see why people trade with one-another (first through barter and later through the indirect money economy). 

It should be noted that before something can be exchanged, one must acquire it, that is, make it his property.  Since we have seen that property is a reflection of man's efforts to improve his own life, we may say that all actions taken against man's property, which includes his labor and his body, ought to be considered crimes.  In order to live one's life to the fullest, he must be permitted to use his property as he wills without anyone else forcibly exerting their will upon his property.

The keyword in that last sentence is forcibly because only the individual truly knows in what manner his property is meant to be used.  For example, I own a car that I sometimes let my girlfriend drive.  When she is driving my car, she is exerting her will on my property.  However, in such a case, this is in line with what I want, what I see as the best way to improve the conditions of my life, and therefore should not be interfered with.

Therefore, the definition of crime should logically be: any forcible exertion of will against another's property.

Property here being defined as: one's body, any homesteaded land (land in which the owner gained by being the first to apply his labor to it), or anything in which one received through any form of voluntary transfer (usually trades or gifts). 

I will, however, provide a few examples.  Since we own our bodies the labor they produce, nobody can own another person.  Criminal acts such as murder, rape, assault, arson are all obviously crimes by the definition we have put forth.

Here is an example that I live through every day as a security guard, which is not so obvious.  I work in the parking lot of a retail store in which a panhandler visits on a daily basis.  And on a daily basis, I have to ask him to leave.  His being there is a crime by our definition.  It is known to him that the store in question does not want panhandlers on their property, and yet he exerts his will upon their property anyways by asking people for money.  This is a little more tricky than rape or murder because there is not a clear example of force.  This panhandler has never been violent with any of the workers and usually leaves when asked to do so.  But the force can be seen in his constant defiance of the rules of the property.  His actions say "you don't want me panhandling on your property and I know it, but I am coming here and doing it anyways." 

Why is this force?  because constantly telling this man to leave the property requires actions taken by the property owner to deflect the will of rule breaker in order to use his property in the way which he wishes (and not as a place for panhandlers to annoy people, since they are his customers).

Exploring the complexity of the definitions which I have used here is an endless task, outside the scope of this little blog.  But it is important to know what to look for when we try to define actions as criminal.  The reason for this will be explored in Part II covering the methodology of providing justice.

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