Turk, Austin T.: The Criminalization Process

The Role of Cultural and Social Norms

In certain situations, according to Turk, cultural (i.e., written laws, procedures, and written policies) and social (i.e., actual behavior or the law as it is enforced) norms determine when conflict is more or less likely to occur. The odds of conflict are greatest when there is consistency between cultural and social norms, as conflict is fundamental in the composition of the authority-subject relationship. If authorities and subjects harbor contrasting beliefs and act accordingly with these beliefs, there is little room left for compromise. However, conflict is less likely if cultural and social norms are disparate. While cultural beliefs may clash, both authorities and subjects fail to practice what they preach. Turk argues, “neither party is very prone to fight over an essentially meaningless set of symbols” (1969, p. 56).

In Criminality and Legal Order, Turk presents four basic situations affecting the odds of authority-subject conflict; each one has a different potential [Page 969]for conflict. These situations are the (1) congruence of norms for both authorities and subjects (high-high), (2) congruence of norms for subjects but not authorities (high-low), (3) congruence of norms for authorities but not subjects (high-low), and (4) congruence of norms for neither authorities or subjects (low-low). In situations 2 and 3, the likelihood of overt conflict falls in the middle range. However, conflict is more likely if it is the authorities’ cultural and social norms that are congruent since authorities are less tolerant than subjects are in accommodating any differences. “Flagrant, persistent disregard for the law will, nevertheless, force authorities to act to demonstrate that they are still in charge, that they are still able to assert their will against resistance in showdown” (Turk, 1969, p. 64).

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