This chapter discusses the significance of control in the operation of society, which has been recognised by philosophers and writers for many centuries. Control is an aspect of most theories of crime and deviance, but it has not, until comparatively recently, been studied in its own right as a significant causal feature of crime and deviance. One possible reason for this is that criminologists were reluctant to research into ideas that so clearly support discipline and regulation, particularly in the liberal climate of the early 1960s. Also, the pathological undertones of the theory were unappealing to the sociologists, who had largely come to replace the psychologists at the forefront of criminological writing. Furthermore, perhaps the importance of control was thought to accord with general common sense and criminologists, in attempting to provide a mystique in order to have their discipline taken more seriously, preferred to concentrate on less obvious phenomena.
Chapter
11. Theories of control
Chapter
33. Need for control
This chapter studies mechanisms for controlling trustees or the donees of powers and holding them accountable for their actions. It shows that the prime responsibility for supervising the activities of the trustees falls to the beneficiaries, who are able to complain to the court if they believe the trustees have committed, or are about to commit, a breach of trust. If the beneficiaries are able to apply to the court before the alleged breach has taken place, they may obtain an injunction against the trustees to restrain them from committing the contemplated breach. Trustees are also subject to a number of duties which enable the beneficiaries to keep a better check on their activities by entitling them to obtain information which will inform them of the trustees’ actions and may enable the beneficiaries to detect breaches of trust. This chapter considers those duties.
Chapter
1. Theoretical Contexts:
The Changing Nature and Scope of the Sociology of Crime and Deviance
This book explores the sociology of crime and deviance as an incoherent discipline with relatively independent versions. It considers the diverse theories and perspectives on crime and deviance that can be linked, either directly or indirectly, to the work of Émile Durkheim, Karl Marx, and Max Weber. It also looks at each of the major schools of thought and their assumptions, along with the character and sources of ambiguity that has characterized the sociology of crime and deviance. As an example, the book cites the disagreements regarding the connection between crime and politics. In particular, it discusses the debate over the consequences of the politicization of crime control. Finally, it examines the disparate contexts in which criminology is viewed as an academic enterprise.
Chapter
4. Functionalism:
The Durkheimian Legacy
This chapter explores the functionalist approach to crime, deviance, and control as well as the criticisms heaped against it. It first considers the central tenets of functionalism, its strengths and weaknesses, and how it has contributed to the sociological perspective on crime and deviance before turning to the views of Émile Durkheim and George Herbert Mead about the functions of crime, deviance, and control. It then discusses developments in American sociology and the legacy of the proponents of functionalism. It also examines the adoption of functionalist approaches for the analysis of crime in American society by scholars such as Kingsley Davis, Robert Merton, and Talcott Parsons.
Chapter
8. Phenomenology
This chapter examines the phenomenological sociology of crime, deviance, and control. It first discusses the central issues relating to phenomenology, particularly with respect to knowledge, good and evil, and deviant phenomena. It then discusses some of the arguments put forward by phenomenologists, citing the link between experiences and consciousness and how phenomenology relates to social order. It also considers the work of Aaron Cicourel, Egon Bittner, David Sudnow, and others on the phenomenological sociology of crime and deviance, as well as the emergence of phenomenological criminology. The chapter concludes by reviewing some of the criticisms of phenomenological work on deviance.
Chapter
19. Hiring Staff and Establishing the Contract of Employment
This chapter discusses how employment relations affect all business organizations and why it is especially important to identify the status of individuals engaged in employment. It begins by considering the regulation of the employment relationship and identifies the tests to establish the employment status of individuals, as well as the reasons behind the significance of the distinction between an employee and independent contractor. The three common law tests that have been used to determine employee status—control, integration, and mixed or economic reality—are identified, and how it is most appropriate, in applying the tests, to begin with those established in Montgomery v Johnson Underwood, and then proceed to the final question in Ready Mixed Concrete. The chapter also identifies the terms implied into contracts of employment and the obligations these place on the involved parties.
