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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

print

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






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






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.






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






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?






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






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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