Constructionist Views On White Collar Crimes

Running Head: CONSTRUCTIONIST VIEWS ON WHITE COLLAR CRIMES 1

Constructionist Views on White Collar Crimes

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CONSTRUCTIONIST VIEWS ON WHITE COLLAR CRIMES 2

Constructionist Views on White Collar Crimes

The use of theories in explaining the various phenomena in society has always found

sufficient backing not only in history but also in contemporary global affairs. Notably, both

positivists and constructivist theories play a role in depicting variants in societal behavior.

White-collar crime ranks among the various forms of crime existing within the context of

society. According to Fredericks, McComas and Weatherby (2016), white-collar crime

encompasses the nonviolent criminal activities committed for monetary gain within the financial

situations. Therefore, as part of the criminal realms, white-collar crimes have a likely reason and

course leading to the occurrence in the business and commercial world. Functionalism views the

society as comprising the different sections working in unison (Holmwood, 2005) while conflict

theory envisions a society where the interest of people and groups have a power completion

(Bystrova & Gottschalk, 2015). The essay thus aims to illustrate the occurrence and the impact

of law on white-collar criminals regarding the functionalist and conflict perspectives.

In our modern world, there are different types of crime whose legal and societal

explanation relies on the availability of sound information based on both facts. In the normal

functioning of the community, each possesses essential skills and abilities whose application

primarily leads to the attainment of personal and organizational objectives. However, due to the

variations in morals and values, in the workplace, there has resulted in the increase in crime. In

the structural functionality context of the behaviors, modernization as well as urbanization plays

a crucial role in the unpredictability of peoples’ actions all due to the changes in society

(Zembrovski, 2011). The author goes on to say that with tremendous changes in society, the

group ties binding the members together break leading to inconsistencies as well as confusion

CONSTRUCTIONIST VIEWS ON WHITE COLLAR CRIMES 3

due to the conflict of interests. Thus, the statement by Zemroski shows that foe a well functional

society free of crime the alignment with overall community objectives is crucial.

According to social conflict theory, the occurrence of crime mainly financial is due to the

actual conflict in society. Notably, the present class variations within the commercial settings

lead to the emergence of conflict of interests, which causes the criminals activities (Bystrova &

Gottschalk, 2015). Therefore, those with power, based on the positions held, enact laws that

protect their rights as opposed to the fundamental rights of the employer. In addition, as the

dispute in ideas, objectives, interests and vision clash in the workplace, the emergence of crime

is probable. In white-collar crime, there is the undertaking of the criminal activity by a person of

respectability and possessing high social status in the context of his/her occupation (Fredericks,

McComas & Weatherby, 2016). The particular criminal possesses the power as well as the

influence in society part of which he/she uses to their advantage (Bystrova & Gottschalk, 2015).

With the influence, the criminals form relationships with other high-status persons in the nation

and community, which helps them in the creation of a criminal identity. Some of the major

white-collar crimes entail antitrust offenses, bribery, income tax frauds, false claims as well as

bank embezzlements (Piquero & Benson, 2004).

On the other hand, according to functionalist theory, the operations and functioning in the

society bases on the healthy functioning of the distinct parts operating in harmony (Holmowwod,

2005). With functionalism, the individual sectors in the society undertake actions and procedures

aimed at the attainment of a social balance and equilibrium in the society. The theory means that

to obtain clarity on the actions, behaviors and in processes in societal institutions, an

understanding of the specific functional prerequisites is fundamental.

CONSTRUCTIONIST VIEWS ON WHITE COLLAR CRIMES 4

As part of the criminal system, it is thus, therefore, vital to explains and understands the

moral, social and historical backing of the occurrence of white-collar crimes. Based on

functionalism theory, the occurrence of white-collar crimes has a basis on the loopholes and

failures in the existing norms, values, and cultures within the community. Functionalism

advocates for the delivery of a culture that provides individuals who assist in the total and well

functioning of the society (Holmwood, 2005. Therefore, with white-collar criminals using power

and status to their advantage, the actions conflict with the fundamental objectives of functional

theorists. In the realms of functionalism, the existence of a well-groomed moral backing founded

on proper religious or communal responsibility, the chances of indulging in crimes later on in life

minimizes. In society and at the national level, there exist laws, rules and regulations, which play

a critical role in guiding the actions and behaviors of persons. In general, the law comprises the

rules outlined in advance whose understanding is clear for all individuals and requires

application equally to all personalities based on their terms (Tamanaha, 2012).

Nevertheless, without the internal responsibility to abide by the societal and national

regulations, there is the arising of conflict between the individual institutions. Therefore, as a

remedy to the unruly behavior in the commercial settings, the emergence of the rule of law is

essential. It is crucial that government officials, as well as citizens, abide by the laws outlined by

the legislature (Tamanaha, 2012). Without the abiding to the organizational conduct, the

employees, professionals as well as management have an avenue to indulge in unfair practices

part of which entail white-collar crimes. At the national level, the making of rules lies in the

hands of the legislature mandated to provide rules, which have the societal needs at hand.

Additionally, the judges have a critical role in implementing the promulgated laws within the

jurisdiction and standards given by the political traditions (Sales, 2012). Once the rules and

CONSTRUCTIONIST VIEWS ON WHITE COLLAR CRIMES 5

regulations are in place, they thus serve as models of reference to organizations, employees and

other stakeholders to do right and to avoid wrong. Notably, with the delivery of well-grounded

rules and nicely understood by the persons working in the offices of government agencies,

private sectors or non-governmental organizations. Therefore, the making of the laws at the local

and national levels is vital for the maintenance of the rule of law in the functional perspective.

However, on the conflict theory perspective, the power and influence lays in the hands of

the minority few who utilize the law to their advantage. In white-collar crimes, companies, and

their managers perform crimes aimed at benefiting the organizational goals (Simpson, 2010).

Additionally, individuals persons within the organization may indulge in white-collar crimes tied

to self-interests that do not meet the organizational objectives. However, due to the power and

students exhibited by these organizations, managers, and individuals, the manipulation of laws

and regulation to their advantage is eminent. With power, there is a considerable influence and

pressure on the behaviors and actions of judges and policy makers all arising from the job

jurisdictions of white-collar criminals (Piquero & Benson, 2004). The well-established

relationships with judges and politicians who make the majority of the legislature thus mean that

the pressure to maintain the existing relation occurs. Through the professional relationship, the

criminals establish privileged network useful in the protection against the development of a

criminal identity (Bystrova & Gottschalk, 2015). Hence, although the law is supposed to

maintain equality in the society in the functional perspective, the conflict theorists use the law to

their advantage against the majority populace without power and status.

Conversely, although the existing rules and laws are stipulating the way persons should

act not only at home but also in the workplace, some individuals break these rules. For instance,

the company and trading rules on Wall Street may elaborate the consequences of insider trading

CONSTRUCTIONIST VIEWS ON WHITE COLLAR CRIMES 6

with the expected penalties to the lawbreakers. On the functionalist perspective, the law needs

upholding and acts as a benchmark for moral behaviors to maintain the equilibrium in the nation

(Holmwood, 2005). Conversely, with the conflict theory, the power and influence possessed by

particular people manipulate the laws to their advantage in the competition for resources

(Bystrova & Gottschalk, 2015). However, the exhibition of selfish and unworthy moral

behaviors leads to the breakage of the law charged in a court of justice.

Although the gains and benefits from such actions are worth the risk, the action goes

against the stipulated rules and regulations as far as insider trading is concerned. The violator of

the rules thus forms a particular part of the community, which does not conform to the societal

system of abiding by the set rules. Based on the concept of conformity, the existence of customs

in society calls on the specific professional person with intrinsic and extrinsic desire to achieve

the cultural, national and individual goals the community has socialized into one’s life

(Zembrovski, 2011). Through the acceptance and conformity of each to the rules and morals of

the community, the eventual resulting society is thus morally upright and value oriented. With

one trader upholding high ethical standards, there is the guarantee of the uniform system of

traders upholding similar values, leading to globally responsible trading institutions.

The conflict theory, in this case, suggests that although insider trading is wrong, the

political power and influence on the individual criminals has the capability of surpassing the

court charges. One can hire the best defense lawyers who t a large extent control information as

well as the employment of symbolic as opposed to substance defense in the representation of

white-collar clients (Bystrova & Gottschalk, 2015). Although the engagement in insider trading

is a punishable offense, the manipulation of the system by those in power leads to inequality in

the society. The consequences of the making of the rules, therefore, cause the emergence of two

CONSTRUCTIONIST VIEWS ON WHITE COLLAR CRIMES 7

conflicting ideas and opinions in the society. These two objections entail persons viewing the

law to their advantage and those using the law in the maintenance of the rule of law.

Additionally, with the rule-enforcement in the functionalistic perspective, each abides by the

rules for the mutual benefit of the whole society. The community one lives in institutes skill,

norms, and morals in persons affecting behaviors as well as through social interaction

(Zembrovski, 2011). Moreover, other sectors of politics and the economy all rely on the enforced

laws for sustainable operation. However, in the conflict perspective, the personal conflict in

interests in the fight for resources leads to the unfair treatment of others when the law receives

enforcement.

In conclusion, the functionalistic and conflict theories possess differing views and

opinions as far as the handling of white-collar criminals is concerned. In the functional approach,

the essential functional parts in society work in unison for the benefit and balance of the society.

On the other hand, conflict theories suggest the community comprises of persons with diverse

interests all competing for the power and resources. Therefore, the white-collar criminal

activities are highly aligned with the social conflict theorist’s ideas and concepts. Rather than

using the rule of law for the enhancement of societal norms and values, the criminal uses power

and influence in adjusting the legislations to their advantage.

CONSTRUCTIONIST VIEWS ON WHITE COLLAR CRIMES 8

References

Bystrova, E. G., & Gottschalk, P. (2015). Social Conflict Theory and White-collar Criminals:

Why Does the Ruling Class Punish their Own?. Pakistan Journal of Criminology, 7(1), 1.

Accessed from

https://brage.bibsys.no/xmlui/bitstream/handle/11250/298089/GottschalkBystrova_2015_

PJC.pdf?sequence=1

Fredericks KA, McComas RE &Weatherby GA (2016) White Collar Crime: Recidivism,

Deterrence, and Social Impact. Forensic Res Criminol Int J 2(1): 00039. Accessed from

http://medcraveonline.com/FRCIJ/FRCIJ-02-00039.pdf

Holmwood, J. (2005). Functionalism and its Critics. Modern social theory: an introduction, 87-

109. Accessed http://www.eolss.net/sample-chapters/c04/e6-99a-26.pdf

Sales, P. (2012). Judges and Legislature: Values into Law. The Cambridge Law Journal, 71(02),

287-296. Accessed http://www.statutelawsociety.co.uk/wp-

content/uploads/2014/01/Judgesandlegislature-CLJoffprint.pdf

Simpson, S. S. (2010). Making sense of white-collar crime: Theory and research. Ohio St. J.

Crim. L., 8, 481. Accessed from

https://kb.osu.edu/dspace/bitstream/handle/1811/73214/OSJCL_V8N2_481.pdf

Tamanaha, B. Z. (2012). The history and elements of the rule of law. Singapore Journal of Legal

Studies. 232–247. Accessed from http://law.nus.edu.sg/sjls/articles/SJLS-Dec-12-232.pdf

Piquero, N. L., & Benson, M. L. (2004). White-collar crime and criminal careers specifying a

trajectory of punctuated situational offending. Journal of Contemporary Criminal

Justice, 20(2), 148-165. Accessed

http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.517.6811&rep=rep1&type=pdf

CONSTRUCTIONIST VIEWS ON WHITE COLLAR CRIMES 9

Zembroski, D. (2011). Sociological theories of crime and delinquency. Journal of Human

Behavior in the Social Environment, 21(3), 240-254. Accessed from

https://is.muni.cz/el/1423/jaro2015/SPP209/um/Zembrovski_2011_Sociological_Theorie

s_of_Crime.pdf

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