SOSYOLOJİYE GİRİŞ

It is very difficult to define deviance, because deviance is a complex concept. Deviance in the daily language means departing from a recognized path and refers to actions that do not fit the expectations and norms of a particular social group. In general terms, deviance could be defined as the visible violation of cultural norms. Since the norms direct almost all human activities, the limits of the concept of deviance are as broad as possible. For this reason, deviance encompasses the violation of group norms that are not legally expressed or are not mentioned in the law. Deviance could be rewarded, punished or accepted without penalty or reward. In general terms, deviance can be defined as the visible violation of cultural norms.

The Chicago ècole is a symbolic interactionist approach that was firstly defined by its urban sociological studies, in general sociology, and then becomes influential in criminology and is also called the environmental approach. It is the theory arguing that the human behavior is determined not by genetic and personal factors, but by the social and physical environment. Sutherland from the Chicago approach also made important contributions to the issue of deviance on the basis of the interactionist approach along with the differentiated unity approach. According to Sutherland, crime is something that is learned, just like other social phenomenan. Crime is learned in interaction with other individuals as a result of a communication process, and deviance depends on whether or not a behavior is encouraged at a certain level by others.

The interactive approach differs from other approaches in two ways; it considers deviance from a different theoretical perspective and examines the different dimensions of deviance that is ignored by other approaches. It focuses on the interaction between deviance and those who define the related phenomenon as deviance. The interactionists deny the idea of types of behaviors that inherently consists of “deviant” characteristic. They seek answers to the question of how the behaviors are initially described as deviance and why certain groups are labeled as deviant, while the other groups are not labeled.

The most important difference between morality and legal rules is the systematic and organized formation of legal rules, although moral rules are scattered and unorganized. Besides, while the sanction of morality is conscience, the law consists of material and compulsive sanctions imposed by the state power.

The manners and customs are the social norms which arise spontaneously and gradually, though they are not explicitly put in place by any society, and which manage the relations within a society. Its sanctions are social pressures. The norms that have been repeated for a long time by the majority of the population and characterized by what we have mentioned are called the customs. Wedding rituals and ceremonies are formed through repetition for many generations. Almost every region/city in Turkey has different customs when it comes to wedding.

Every rule that we face as law fulfills a function such as to maintain and protect a certain social connection and prevent it from disintegration. It could be said that there are four basic characteristics of law in general terms; law is normative, comprised of regularity, institutionalism and it is challenging. 217

The function of law as a social concept can be listed as the following:

Defines the members of the group and determines mutual relationships

The general characteristics of the sociology of law could be listed as follows:

… Organized crime: Examples of organized crime include such activities as smuggling, illegal gambling, drug trafficking, prostitution, large-scale theft and racketeering. Violence or threat of violence could be resorted to in order to carry out these activities. Although organized crime has been developed traditionally in a different way in terms of culture, it has become an over-national quality in the course of time and scope.

The Chicago ècole is a symbolic interactionist approach that was firstly defined by its urban sociological studies, in general sociology, and then becomes influential in criminology and is also called the environmental approach. It is the theory arguing that the human behavior is determined not by genetic and personal factors, but by the social and physical environment.

Values: The values serve an important function in terms of determining which attitudes and behaviors are right or wrong, fair or unfair.

- Everything in the life of a society is perceived according to values. Values are the principles such as freedom and equality that define the ideal principles of what is desired and right in a society or group. Values might create conflict in the same way that they provide behavioral rules. 

-Values are the cultural determinants of behaviors and they define the behaviors expected from members of a culture and which behaviors are to be avoided. The differences in values are reflected as differences in behaviors. 

-The acts and laws, rules about clothing, games and sports, etc. all reflect social norms.

-Every society develops a normative order.

-The norms are divided into two categories, namely, official norms and unofficial norms (İçli, 2002:105,106):
a. Official Norms: These are the official and written rules such as laws, regulations, statutes, circulars and board decisions. The punishments and rewards regarding these norms are predetermined.
b. Unofficial Norms: These are non-written norms, and punishments and rewards are not explicitly stated for such norms. The individuals might face sanctions such as condemnation, mocking, exclusion and insults.

Anomie: The anomie that Durkheim has described refers to a state of normlessness and irregularity that arises in periods of social changes and irregularities, in the event that the social order deteriorates or fails to operate. In this case, people become more aggressive and depressed, resulting in an increase in violence, crime and suicide rates.

-Anomie is related to a social situation, not to a personal state of mind. It is caused by the tension between individual interests and collective cultural conscious.

Manners and Customs: The manners and customs are the social norms which arise spontaneously and gradually, though they are not explicitly put in place by any society, and which manage the relations within a society. Its sanctions are social pressures. The norms that have been repeated for a long time by the majority of the population and characterized by what we have mentioned are called the customs. The social norms, which are comprised of the same qualities and are subject to a very high degree of evaluation, are called the manners. The manners may include positive obligations, but the sanction of manners is stronger than the sanction of customs.

The function of law as a social concept can be listed as the following (Öktem and Türkbağ, 2014: 293-295);
a. Defines the members of the group and determines mutual relationships
b. Resolves disputes

c. Regulates the behaviors
d. Ensures that the social power is organized and legitimizes it
e. Develops the living conditions
f. Protects from external hazards
g. Realizes the legal organization

White-collar crimes: These crimes are committed by individuals belonging to wealthy segments of society, such as tax evasion, illegal sales, securities and real estate frauds and embezzlement.

Cybercrime: Technology-based crimes are as follows: illegal access to telecommunication systems, listening to and watching others, theft through telecommunication services, violation of copyrights by copying various materials such as films and CDs, pornography in cyber space, violent contents, racist propaganda, cyber harassment, telemarketing frauds, interference in electronic fund transfers, electronic money laundering and creating criminal conspiracies through telecommunication.

Organized crime: Examples of organized crime include such activities as smuggling, illegal gambling, drug trafficking, prostitution, largescale theft and racketeering.

Psychological Theories

- It is accepted that the deviance disease or anomalies are based on the mind, rather than body. In the course of explaining deviance and crime, the focus is on types of personalities. The initial criminological investigations were conducted in institutions such as prisons and mental hospitals. 

-Psychological theories have been criticized for such reasons as ignoring social and cultural factors, lacking a strong and common understanding measured among psychologists with regard to what mental health is and how personality characteristics should be measured and also the inadequacy of studies conducted to support the psychological approach. Another criticism is that the emphasis is only on the childhood, and the lifelong effects of various lifelong social and cultural factors on the personality are ignored.

Sociological Theories
-Sociological theories related with deviance focus on the differences between criminals and normal individuals along with the social environment. 

- All behaviors, as well as deviance and harmonization are the product of a society. 

-Sociological theories provide important contributions to the understanding and prevention of deviation and criminal behavior.

Functionalist Approach: Functionalism starts with society as a whole, rather than an individual in its analysis of deviance, and it seeks the sources of deviance in the nature of society. The functionalist approach focuses not only on personal instincts, but also on the product of deviance by social structure.

Primary Deviance: Primary Deviance refers to the initial acts of crossing the boundaries. In most cases, these behaviors are “marginal” in terms of the person’s own identity. In some cases, however, normalization does not occur and a person is labeled as criminal or guilty. It consists of the actions which are performed before it is clearly defined and labeled as deviance by society. Primary deviation behaviors are relatively insignificant in terms of their outcomes and effects. Skipping school or drinking alcohol as a minor draws less reaction and creates less impact on the person’s definition of the self. Once a person begins to behave in a deviant way for defense, assault or compliance purposes
against social reactions, deviance begins to become secondary.