Mids.

GENDER, CRIME AND JUSTICE.

1. GENDER:
Definition:
Gender refers to social cultural and psychological attributes, roles, behaviors and expectations that a
society considers appropriate for individuals based on their perceived or assigned sex. It encompasses a
wide-range of characteristics and identities that may include masculinity, femininity, and non-binary
identities. Gender is not solely determined by biological factor but also influenced by socialization,
cultural norms, and individual experiences. Gender identity is how individuals perceive themselves in
terms of their Gender which may or may not align with the sex assigned to them at birth.
Ann Oakley, “Gender is matter of culture, it refers to the social classification of men into masculine and
feminine”.
2. GENDER AND SEX:

SEX
Sex refers to biological and physiological
difference between male and female on the basis
of their reproductive structure.
Sex has two main categories; male and female.
Sex is determined or inherited by birth.
Sex remains same regardless of the time and
culture.
GENDER
Gender refers to the social, cultural, behavioral
and emotional differences between men and
women.
Gender is divided into two main categories;
masculine and feminine.
Gender refers to masculine and feminine qualities,
behavioral patterns, roles and responsibilities etc.
Gender is a flexible term and its role can be
changed from time to time and culture to culture.

Ann Oakley in her book, sex, gender and Society written in 1972 explores the term gender. Oakley says
that in the Western culture women play the roles of the „housewife‟ and „mother‟. This is because
women are made to play these roles because of their biology. The western culture also believes that any
effort to change the traditional roles of men and women in the society can cause damage to the social
fabric of the society. Oakley concludes that this view regarding the roles of men and women helps to
support and maintain the patriarchal society.

3. PATRIARCHY:
"patriarchy" literally means the rule of the father or the "patriarch", and was used originally to describe a
specific type of "male dominated family" —the large household of the patriarch which included women,
younger men, children, slaves and domestic servants, all under the rule of this dominant male. Now it is
used more generally to refer to male domination, to the power relationships by which men dominate
women, and to characterise a system whereby women are kept subordinate in a number of ways. In South
Asia, for example it is called pitrsatta in Hindi, pidarshahi in Urdu and pitritontro in Bangla,

The subordination that women experience daily, regardless of the class we might belong to, takes various
forms- discrimination, disregard, insult, control, exploitation, oppression, violence - within the family, at
the place of work, and in society. The details may be different but the theme is the same.
Different areas of women’s lives are said to be under patriarchal control.

 Women’s productive or labor power.

 Women’s reproduction.
 Women’s mobility.
 Property and other economic system.

4. GENDER SOCIALIZATION:
a new-born baby is not only immediately classified by sex, it is also assigned a gender. We have already
seen how in some cultures even the welcome given to new born child is different. This is followed by the
difference with which they are addressed, handled, treated and clothed and though this regulation taught
how they should behave to be part of the society they are born into. This is called Socialization. The
specific process of socialization which teaches children their gender roles is also called gendering. The
social mechanisms teach children masculinity and femininity of personality and make them adopt
behaviour, attitudes and roles.

Ruth Hartley says socialization takes place through four processes, namely Manipulation, Canalisation,
Verbal appellation and activity exposure.

i. By Manipulation or moulding is meant the way you handle a child. It has been noted that boys
are treated as strong autonomous beings right from the beginning. In some cultures, mothers’ fuss
with the baby girl hair, dress her in a feminine fashion and tell her how pretty she is. These
physical experiences of early childhood are very important in shaping the self- perception of girls
and boys.

ii. The second process, canalisation involves directing the attention of male and female children to
objects or aspects of objects. Examples of this are giving girls dolls or pots and pans to play with
and encourage boys to play with guns, cars and aircraft. Through this kind of differential
treatment the interest of boys and girls are channelised differently and they develop different
capabilities, attitudes, aspirations and dreams. Familiarity with certain objects directs their
choices.

iii. These verbal appellations can influence how individuals perceive themselves and others in
terms of gender. They contribute to the construction of gender identity and can shape behavior,
interests, and aspirations. Moreover, the language used to address individuals can reflect and
perpetuate gender inequalities by reinforcing gendered expectations and limiting opportunities
based on gender for eg: Verbal appellation likes “strong” for boys and “beautiful” for girls help
them construct different identities. It is always strength versus beauty.

iv. The fourth process activity exposure pertains to different kinds activities, boys and girls are
exposed to. Girls are asked for help by their mothers and boys usually accompany their fathers
outside the house. This is how the idea of gender is constructed and slowly permeates into the
psyche of the individual.
 5. GENDER ROLE:

A gender role is a set of expectations and behaviors that society considers appropriate for people based on
their gender. These roles often dictate how men and women are "supposed" to act, dress, work, and
interact with others.

For example, traditional gender roles might suggest that men should be strong and tough, working in
physical or leadership roles, while women should be gentle and caring, taking care of the home or
children. These roles can affect what people think they should do or achieve in life, and they often shape
our views of what is "normal" or "acceptable" for each gender.

6. GENDER STERIOTYPE:
Gender stereotypes are widely held beliefs or assumptions about the characteristics, roles, and behaviors
deemed appropriate for individuals based on their gender. These stereotypes typically assign certain traits,
abilities, and societal roles to men and women, often reinforcing traditional gender norms and
expectations.

For example, common gender stereotypes include the belief that men are naturally strong, assertive, and
rational, while women are expected to be nurturing, emotional, and passive. These stereotypes can
influence various aspects of life, including career choices, relationships, and personal expression, and
they can contribute to the perpetuation of gender inequality and discrimination.

Stereotypes are how societies expect people to act based on their gender. For example, girls should stay at
home and help with housework and childcare, should dress modestly and not stay out late at night. People
are often judged by how well they adhere to the gender stereotypes.

These stereotypes can often bleed out into school and work, where girls are less likely to be encouraged
into science and technology subjects or leadership roles, due to the perceived ‘male nature’ of these
pursuits. Likewise, seemingly positive stereotypes and gender roles such as men being the ‘provider’ or
‘protector’ of the family, put an unnecessary burden on men and boys that could more positively be
shared in an equal partnership.

These attitudes limit girls’ power by rendering them less able to help contribute to making the world
around them a better place.

4 TYPES OF G.STYP.
Gender stereotypes come in various forms, each shaping societal expectations and perceptions of gender
roles. Here are four fundamental types:

1.Personality Traits: This type of stereotype dictates the expected behavioral traits for each gender. For
instance, women are often presumed to be accommodating and emotionally expressive, whereas men are
commonly expected to be assertive and self-confident.
Gender stereotypes dictate specific personality traits associated with each gender. In Pakistan, women
are often expected to be nurturing, submissive, and emotionally expressive, conforming to traditional
gender roles emphasizing caregiving and domestic responsibilities. On the other hand, men are typically
expected to be assertive, dominant, and emotionally stoic, reflecting ideals of masculinity that prioritize
strength and authority.

2. Domestic Behaviors: These stereotypes dictate roles within the household. Typically, women are
expected to handle childcare, cooking, and cleaning, while men are expected to manage finances, conduct
automotive maintenance, and perform home repairs.

Gender stereotypes dictate roles and responsibilities within the household, perpetuating the notion that
women are primarily responsible for domestic chores and caregiving. Women in Pakistan are often
expected to prioritize their roles as wives and mothers, handling tasks such as cooking, cleaning, and
childcare, while men are perceived as breadwinners with limited involvement in household chores. This
stereotype reinforces unequal power dynamics and contributes to the disproportionate burden of unpaid
care work on women.

4.Occupations: Gender stereotypes often extend to certain professions, where individuals are
pigeonholed based on gender. There's a tendency to associate teaching and nursing with women, while
fields like piloting, medicine, and engineering are perceived as male-dominated.

Gender stereotypes influence perceptions of suitable occupations for men and women. In Pakistan,
certain professions are traditionally associated with specific genders, reflecting societal beliefs about
gender roles and capabilities. For example, teaching, nursing, and clerical work are often considered
"feminine" occupations and are predominantly pursued by women, while fields such as engineering,
medicine, and law are viewed as more appropriate for men, reinforcing gender-based occupational
segregation.

5.Physical Appearance and Presentation: Stereotypes also influence ideals of physical appearance and
grooming. Women are often expected to adhere to standards of thinness and gracefulness, while men are
expected to embody height and muscularity. Additionally, dress and grooming norms align with gender
stereotypes, such as men wearing pants and short hairstyles, and women donning dresses and makeup.

Gender stereotypes also influence expectations regarding physical appearance and grooming standards. In
Pakistan, women are often pressured to conform to narrow beauty standards, including ideals of fair skin,
slimness, and modest attire. Conversely, men are expected to project an image of strength and masculinity
through physical fitness, facial hair, and conservative attire. Non-conformity to these gendered
appearance norms may result in social stigma or discrimination, reinforcing the importance of adhering to
traditional gender roles.
 7. GENDER DISCRIMINATION.
Gender discrimination occurs when a person is treated negatively or unequally based on their gender. It
includes restricted access to education, jobs, and healthcare; unequal pay; sexual harassment; and much
more.

Gender discrimination can take many forms, ranging from overt to subtle. Here are some common ways it
appears:

 Employment Discrimination: This happens when employees are treated unequally due to their
gender. It can include unequal pay for equal work, biased hiring practices, or fewer opportunities
for promotion. Gender-based harassment or creating a hostile work environment are also
examples of employment discrimination.

 Educational Discrimination: In schools and universities, gender discrimination can occur when
girls are discouraged from pursuing certain subjects or careers because of traditional gender roles.
It can also include different expectations for behavior or performance based on gender.

 Sports Discrimination: Gender discrimination in sports might involve providing fewer resources
or funding for women's teams compared to men's teams, or offering less media coverage and
recognition for female athletes.

 Social Discrimination: This occurs when social norms and stereotypes limit what people can do
based on their gender. It might include expecting women to take on more caregiving roles at
home or assuming men should be strong and unemotional.

 De Jure: De jure is a Latin term that means "by law." De jure discrimination refers to
discrimination that is explicitly sanctioned or codified in laws, regulations, or official policies. It
involves discriminatory practices that are legally enforced or permitted by the government or
other authoritative bodies. De jure discrimination can be direct, such as laws explicitly
prohibiting certain groups from accessing rights or opportunities based on their gender, race, or
other characteristics.
De Facto: De facto, also Latin, translates to "in fact" or "in practice." De facto discrimination
refers to discrimination that occurs in practice or in reality, regardless of whether it is legally
sanctioned. Unlike de jure discrimination, which is explicitly written into laws or policies, de
facto discrimination may arise from societal norms, cultural practices, institutional biases, or
individual attitudes and behaviors. It is often more subtle and indirect but can have significant
real-world consequences for affected individuals or groups.

FEMINISM:
Definition: an awareness of women’s oppression and exploitation in society, at the place of work and
within family, and conscious action to change this situation.
1. Liberal feminism is also described as “mainstream feminism.”liberal feminism focuses on
political rights and equality in education and the workplace. That includes issues like equal access
to education, equal pay, safer working conditions, and an end to job segregation based on sex.
Liberal feminism is also concerned with private life as the distribution of unpaid work at home
impacts a woman’s ability to participate in public life. In the United States, liberal feminists
focused on the Equal Rights Amendment, which would have amended the constitution to ensure
legal gender equality.
2. Radical Feminism: Radical feminism identifies patriarchy and sexism as the primary causes of
women's oppression, surpassing other factors such as race, age, culture, caste, and class. It
challenges the basic system and mindset that enables women's oppression. The term frequently
refers to women's groups that were created from civil rights, peace, and other liberation
movements, during a period when people were increasingly questioning various types of
oppression and power. Radical feminists, who seek to understand the foundations of women's
subordination, provided the major theoretical understanding that served as the foundation for the
inspiration and analysis that guided women's movements around the world.

3. Marxist feminism is a branch of feminist theory which argues that the main cause of women’s
oppression is capitalism. This type of feminism is based on the understandings of Marxism,
proposed by Karl Marx.
 Marxist feminists see the family as a tool of capitalism and that it is capitalism, not men, who
oppress women.
 They see the family as oppressing women while support capitalism in three ways:

1. Women reproduce the workforce and socialize them into a social hierarchy.

2. Women absorb the anger of men who are frustrated by their alienation and exploitation
(cushioning effect).

3. Women are a reserve army of cheap labor that can be activated when they are needed and let go
when no longer needed.

DEVIANCE AND CRIME:

1. FUNCTIONS OF DEVIANCE.

FUNCTIONS:

i. . Deviance affirms cultural values and norms: According to Durkheim, when someone
deviates from societal norms, it highlights what those norms are and reaffirms their
importance to the community. For example, if stealing is considered wrong in a society
and someone is caught stealing, it reinforces the cultural value of honesty.
ii. . Responding to deviance clarifies moral boundaries: When society responds to
deviant behaviour, it helps to define and clarify what is considered acceptable and
 unacceptable behaviour. This process helps to reinforce the moral boundaries that guide
individuals' actions within society.
iii. Responding to deviance brings people together: Durkheim believed that when society
reacts to deviant behaviour, it fosters a sense of unity and collective ethics among its
members. By coming together to address deviance, individuals authorise their shared
values and strengthen social bonds.
iv. Deviance encourages social change: Durkheim recognized that deviance can sometimes
challenge existing norms and lead to social change. By pushing the boundaries of
accepted behaviour, deviants may prompt society to reconsider its values and institutions,
potentially leading to shifts in attitudes and practices.

2. CHARARCTERISTICS OF CRIME:

Characteristics and elements of crime typically include:

1. Mens Rea: Latin for "guilty mind," this refers to the mental state or intent of the perpetrator at
the time the crime is committed. It establishes whether the individual had the intention or
knowledge to commit the crime. Mens rea can range from intentional conduct to recklessness or
negligence.

2. Actus Reus: Latin for "guilty act," this refers to the physical act or conduct that constitutes the
offense. For example, in a theft case, the actus reus would be the actual taking of someone else's
property without permission.

3. Concurrence: Both the actus reus and mens rea must occur together for a crime to be committed.
In other words, the criminal act must be accompanied by the criminal intent.

4. Causation: There must be a causal relationship between the defendant's actions and the resulting
harm or offense. The defendant's conduct must be the proximate cause of the crime.

5. Harm or Injury: Most crimes involve some form of harm or injury inflicted upon another
individual or society as a whole. This harm can be physical, psychological, financial, or societal
in nature.

6. Legality: For an act to be considered a crime, it must be prohibited by law. Acts that are not
explicitly prohibited or regulated by law cannot be considered crimes.

7. Punishment: Criminal offenses typically carry penalties or punishments imposed by the state.
These punishments can include fines, imprisonment, probation, community service, or other
forms of sanctions.
 3. THEORIES:

I. BIOLOGICAL THEORY:

Lombroso’s (1876) biological theory of criminology suggests that criminality is inherited and that
someone “born criminal” could be identified by the way they look.

In 1876 Lombroso, an Italian criminologist proposed an atavistic form as an explanation for offending
behavior. This explanation was focused on the notion that criminals have physical distinguishing features.

In The Criminal Man, first published in 1876, he suggested that there was distinct biological class of
people that were prone to criminality.

These people exhibited ‘atavistic’ (i.e. primitive) features. Atavistic derives from the word “avatus”,
which means ancestor in Latin.

These atavistic characteristics, he argued, denoted the fact that the offenders were at a more primitive
stage of evolution than non-offenders; they were “genetic throwbacks”.

This made them, according to Lombroso, wilder, untamed and unable to fit in the 1870s society and
therefore they would inevitably turn to crime.This implies that criminality is inherited and that it can be
identified by physical defects.

.Atavistic Form

 Features of the thief: expressive face, manual dexterity, and small, wandering eyes.
 Features of the murderer: cold, glassy stares, bloodshot eyes, and big hawk-like nose.
 Features of sex offenders: thick lips and protruding ears.
 Features of women offenders: shorter and more wrinkled, darker hair and smaller skulls
than ‘normal’ women.

II. DIFFERENTIAL ASSOCIATION THEORY:

Edwin Sutherland’s theory of differential association posits that criminal behavior is learned through
contact with people who are themselves criminals.

It is therefore called the “theory of differential contact”. The term “association”, however, refines this
idea by recognizing that it is not enough to simply be exposed to criminal individuals, but that these
contacts must also successfully convey criminal definitions and attitudes.
The basic thesis here is that criminal behavior is learned when more pro-violence attitudes are learned
than anti-violence attitudes. Conversely, learning criminal attitudes, motives, and definitions becomes
more likely the more contact there is with people and groups who violate the law and the less contact
there is with people and groups who live by the rules.

To put it simply, contact with criminals leads to criminal behavior by modeling criminal behavior. This is
even more likely if there is less contact with non-criminals. The learning processes take place primarily in
small and intimate groups (and thus less through (mass) media, for example).The learning of criminal
behavior includes the learning of techniques to commit a crime as well as specific motives,
rationalizations and attitudes that favor criminal behavior.

III. LABELING THEORY BY EDWIN.M. LEMART:

An approach to the study of deviance which suggests that people become ‘deviant’ because certain labels
are attached to their behaviour by political authorities and others. Meaning that people are not inherently
deviant or non-deviant by nature but rather that, they are seen as deviant by others, causing them to
become deviant.

THEORY:

Edwin M. Lemert, a prominent sociologist, is best known for his contributions to the labeling theory
within the field of criminology and sociology. His work on labeling theory has had a significant impact
on understanding deviance, crime, and social control.

Labeling theory suggests that people come to identify and behave in ways that reflect how others label
them. It is based on the idea that society's reaction to individuals can influence their behavior and self-
concept. When people are labeled as deviant or criminal, they may internalize that label, leading to further
deviant behavior.Lemert made a significant distinction between primary deviance and secondary deviance
in labeling theory:

 Primary Deviance: refers to initial acts of deviance that may be unintentional or minor, without
a strong social reaction. It is not necessarily telling of a person's identity.

 Secondary Deviance: occurs when a person has been labeled as deviant and embraces that label,
leading to more pronounced deviance. This process is often reinforced by society's reactions and
expectations.

Retrospective and projective labeling are related concepts within this theory:

 Retrospective Labeling: involves looking back at someone's past and reinterpreting their
behavior in light of a current label. For example, if someone is labeled as a criminal, people
might revisit their past actions to find evidence that supports this label, even if those actions
seemed innocent at the time.
  Projective Labeling: is about projecting a current label into the future, assuming that because
someone is labeled in a certain way, they will continue to behave accordingly. For example, if
someone is labeled as a drug addict, people might assume they will relapse or commit further
crimes, even if they are currently in recovery.

Both retrospective and projective labeling can have serious consequences for people and their interactions
with society. These labeling processes can lead to a detrimental declaration in which the labeled
individual feels obligated to adhere with the expectations associated with the label, repeating cycles of
deviance and marginalization.

IV. ANOMIE/ STRAIN THEORY:

Robert K. Merton's theory of anomie, also known as strain theory, is a significant concept in
sociology that explores the relationship between societal structures, cultural goals, and individual
behavior. It offers an explanation for why people engage in deviant behavior, especially in societies
where there is a disconnect between cultural goals and the means available to achieve them.

Merton's theory has its roots in the work of Emile Durkheim, who introduced the concept of anomie
to describe a state of normlessness or a breakdown of social norms. Merton expanded on this idea to
develop his strain theory, focusing on how societal structures can produce deviance.

Merton argued that when there is a significant gap between societal goals and the legitimate means to
achieve them, it creates a state of anomie, or strain. This strain leads to various forms of deviance as
individuals seek alternative ways to meet societal expectations.

MODES OF ADDAPTATION:

Merton's Paradigm of Deviant Behaviour

Attitude to
Attitude to Means Modes of Adaptation
Goals

accept accept Conformity

accept reject Innovation

reject accept Ritualism

reject reject Retreatism

reject/accept reject/accept Rebellion

 conformity refers to the attaining of societal goals by socially accepted means,
while innovation refers to the attaining of those goals in unaccepted ways (such as crime and
deviance). Innovators find and create their own ways to obtain what they want, and a majority of
the time, these new means are considered to be socially unaccepted and deviant.

 Merton considers ritualism the acceptance of the means but the loss of the goals. Ritualists
continue to contribute to the means, but they have rejected the overall goal; they are not viewed
as deviant. Retreatism is the rejection of both the means and the goals. Retreaters want to find a
way to escape from everything and therefore reject both the goals and the means and are seen as
deviant.
 Rebellion differs from the other four approaches in a number of ways. Temporally, rebellion is a
short-term response (unlike the other four). Like retreaters, rebels reject both existing societal
goals and means, but unlike retreaters, rebels work at the macro level to replace those existing
societal goals and means with new goals and means embodying other values. Innovation and
ritualism are the pure cases of anomie as Merton defined it because in both cases there is a
contradiction or discontinuity between goals and means.