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Marx And Durkheim Analysis

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About modern punishment theory, Marx and Durkheim discuss from two different Aspects. Durkheim focuses on the origin of punishment theory. He makes the frame to express how and why crime is the social fact in human society. Furthermore, Durkheim believes punishment has the positive influence on society even as the functional symbol in human society. Differently, Marx has little directly points about criminal and punishment theory. However, though some theories from his theoretical project, Marxist keeps an entire punishment theory. Through Marx theory, he agrees that punishment is a method and power to deter people. Different from Durkheim, Marx thinks this method is not only deterring people, it is also helpful for preserving society. In other …show more content…

This movie is created by Ava DuVerney. The film depicts the discrimination in America after 13th Amendment to the United States Constitution pushed (2016). Director DuVerney deeply explores the race discrimination after the African American gets their “freedom”. A system of race control and forced labor to work become the new race discrimination to represent the new colonialism. Like the Dr. Uday Chandra said, this is the postcolonialism in America (2016). Especially in South part of America, African American was deprived lots of authority including legislation. The response is the rate of incarceration increasing rapidly from last century 70s to now even though the crime rate keeps decreasing. Moreover, government keeps the long-term segregation between white and color people. After the 1970s, the war on drugs become the next account to persecute Africa America. Government controls the administration of justice and they makes the white person continue to worry about color people. Unfortunately, African Americans are sacrificed by the government and powerful people. The direct data from this movie expresses one third Africa American goes to the jail. The white person only has one nineteenth going to the jail. This rate directly expresses the inequality of the law towards the color …show more content…

Dr. Nicole Hahn Rafter and Dr. Elena M. Natalizia finds when women come to the legal system, whether women identify is the criminal, vulnerable person, or system worker, they are always humiliated by others. This discrimination is not only for women’s prejudice, but also the “function of capitalism (1981).” This discrimination is not the single problem, but rather is the traditional sexist system problem. In the basic model of traditional capital society, husband should be the main producers of goods. The women only work for their family. When the model of family keeps development in the capital society, capitalism can be flourished. Education, law, and religion are three main mental control to strengthen the role orientations. When women try to resist the inequality from law and punishment, they will find the enemy is the capital society instead of the people or man. If women want to come true the real equality, they should reform a new legal system to overthrow the old legal system. In other words, in the end of Marxist theory, reform even revolution become the final method to resolve the inequality and discrimination

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