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15DEVIANT BEHAVIOR: A SOCIO-LEGAL ANALYSIS
Mamatkulov Rashid Pazilbekovich
Associate professor of the Department of General Sciences and Culture, Tashkent State Law University https://doi.org/10.5281/zenodo.8283366
Abstract. The article examines the place, role, and importance of deviant behavior in social relations. The causes, types, and positive and negative consequences of deviant behavior in the conditions of the market economy were analyzed based on the methods of analysis, synthesis, and comparison. This topic is approached from a complex methodological point of view. The article tries to clarify the concept of deviant behavior, its types, and its manifestations. Conclusions and recommendations are given in the appropriate order on the topic.
Keywords: deviant, deviation, norms, behavior, social, order, stability, control, cause, effect, development.
INTRODUCTION
Today, one of the problems of sociology is the issue of ensuring social order in society. We know that in the course of historical development, certain values and norms have been developed to regulate relations between people. Regulation of even actions based on the demands of society has not always been fully effective. Deviations in the behavior of people have been observed. Such behavioral norms have had an impact on the stability and development of society. From this point of view, the analysis of the issue of deviant behavior from a scientific point of view shows that it is an actual topic today.
MATERIALS AND METHODS
Throughout historical development, there have been various views and doctrines about deviant behavior. There are the following approaches to the interpretation of the content of the concept of deviant behavior.
1. Biological approach (C.Lombrozo, W. Sheldon).
2. Psychological approach (Z. Freud).
3. Sociological approach (E.Durkheim, R. Merton).
4. Cultural approach (U. Miller, G. Becker).
5. Conflict approach (G. Zimmel).
The representative of the biological school, the Italian scientist Lombroza, as a result of many years of practice in the correctional colony in Turin, emphasizes that people are born with criminal tendencies as a biological species. The idea of the predominance of biological factors in their behavior and behavior puts forward considerations. People with a penchant for crime believe that atavistic signs are important in their appearance. People with a tendency to crime are divided into the following types;
1. Congenital criminals. Believes that criminal individuals are born with anatomical, physiological, psychological, and social characteristics that encourage crime. Crimes committed by them are premeditated, consciously, and confidently committed.
2. Mentally ill criminals. Such criminals carry out their criminal acts unconsciously.
3. Criminals who commit criminal acts based on emotions. Individuals who perform their actions in a state of affect.
4. Random criminals. It emphasizes that the persons who perform their criminal acts depend on the conditions and circumstances.
The American psychiatrist W.Sheldon puts forward the opinion that the shape of the body structure is one of the main factors that determine the character of a person. The human body structure is divided into three different forms. In particular:
- Endomorphic body structure (full, round). Such people are soft-natured and quick to communicate.
- Mesomorphic body structure (muscular, typical of athletes). Such people are active and quick to get emotional.
- Ectomorphic body structure (medium, compact). It emphasizes that he belongs to the category of thoughtful people.
W. Sheldon conducts a behavioral study of about 200 youths in a rehabilitation center and concludes that youths with mesomorphic body structures are more prone to deviant behavior. This conclusion was not confirmed later.
Soon, representatives of the biological school tried to connect the origin of criminal behavior with the number of chromosomes in the genetic code. They suggested that among the criminals who committed serious crimes, those with an additional Y-chromosome make up the majority. Such an assumption and reasoning were not confirmed.
RESULTS
In conclusion, it can be stated that the ideas and teachings put forward by representatives of the biological school regarding the origin of deviant behavior have been confirmed in life in a certain sense. In a certain sense, it is possible to observe the dominance of the genes of parents, and family members (uncle, uncle, niece, aunt, aunt) in a child's behavior, character, and appearance. The confirmation of such theories is reflected in Uzbek folk proverbs. For example, "When you grow old, you will be attracted to your descendants", "An apple falls under an apple", and "A customer who came in with milk". comes out with the soul."
Representatives of the psychological school try to connect the origin of deviant behavior with the inner mental state of a person.
Austrian psychoanalyst Z. Freud tries to connect the causes of deviant behavior with the environment in the family and the conditions of child upbringing. He emphasizes that raising a child in the family gives good results with the balance of the concepts of "He", "I", and "super I" in the personality structure. It is believed that psychological injuries received during childhood affect such a relationship, creating conditions for aggressive behavior in children's behavior. The father points out that the improper upbringing of children by mothers is an obstacle to the development of a "super Man".
Modern social psychologists are trying to explain the causes of deviant behavior in connection with difficulties in the performance of social roles (difficulties in the performance of social roles based on the skills learned from the "I" and the requirements of society). At the same time, the crisis in self-registration (identification) in society is shown as the reason for the origin of deviant behavior.
It can be concluded that the ideas and theories put forward by representatives of the psychological school reveal some aspects of the causes of crime. E. Durkheim, a supporter of the sociological direction, proposes the theory of anomie to analyze the causes of deviant behavior. He believes that anomie is a concept that is explained by the obsolescence and the absence of the
management system, and norms in society. Such a situation leads to the instability of society and conflicts in social relations between people. E. Durkheim emphasizes that deviant behavior is a natural phenomenon. It shows that deviation from norms developed by society is not only negative but also positive. The idea that the limit of social norms is determined by the attitude (reaction) to deviant behavior on the part of the society, social groups put forward the opinion. At the same time, he mentions that deviant behavior fulfills the function of ensuring the social cohesion of society. According to E. Durkheim, deviant behavior causes social changes in society and ensures the effectiveness of social norms.
American sociologist R. Merton developed the theory of anomie. Based on the goals and means of achieving the values developed by society (power, status, wealth, education), individuals and social groups have developed behavioral patterns. In particular:
- conformists perform their actions based on the ratio of goals and means to achieve the values developed by society. Coordinates his behavior with the values and laws developed by the society.
In the following cases, there is no proportionality between the ends and the means to achieve the values developed by the society:
- in the behavior of innovators, it is possible to observe cases of following social norms and avoiding laws (For example, the goal is to achieve wealth, and in many cases, cases of law avoidance were observed when acquiring it. In a survey conducted by American sociologists, 99 percent of middle-class representatives violated the law at least once found out that cases of evasion have occurred).
- ritualists abandon the goal of achieving high prestige values (wealth, power, status, education) and follow the laws. Their actions are with the principles of "Thank you for everything", and "The higher you climb, the harder you fall." Owners of such behavior are more common in the middle and lower classes.
- the owners of retry behavior completely deny the behavioral norms and values developed by society. Alcoholics, drug addicts, and homeless people are among the owners of such behavior.
- rebels are supporters of introducing new values and norms into society, completely denying the current values and social norms.
Proponents of the cultural approach (Miller) analyze the causes of deviant behavior in terms of the conflict between culture and norms. There are social groups in the society whose behavior and culture are different from other members of the society. For example, criminal groups perceive the activities of case workers not as a law enforcement agency, but as a punitive organization. Forms a culture of behavior (subculture) concerning such a relationship. Such a situation creates an individual subculture, a situation of opposition and conflict with the dominant culture in society.
Howard Becker in his work entitled "Outsiders" states that deviant behavior is caused by groups with great influence in society (lawyers, judges, doctors, etc.) forcing others to follow certain rules of behavior.
DISCUSSION
It can be concluded from the above that the representatives of each approach analyzed certain aspects of the causes of deviant behavior and put forward their opinions. Today, there is no scientific theory that fully analyzes any form of deviant behavior. From this point of view, there
is a need to put the doctrines of deviant behavior into a coherent system. Therefore, it is important to study each form of deviant behavior through analysis.
Proponents of the conflict approach limit themselves to the analysis of the legal system, without analyzing the reasons for violation of the law by a particular individual or social group. At the same time, supporters of the conflict approach from the Marxist point of view emphasize that the law and law enforcement agencies are the tools of the upper-class owners (owners of production).
The essence and types of deviant behavior.
Deviant behavior is the non-conformity of the norms of behavior of a certain individual or group to the generally accepted norms of behavior.
Human behavior is regulated by formal and informal norms developed by society.
Non-compliance with informal norms leads to deviant behavior, while non-compliance with formal norms leads to delinquent (in Latin criminal) behavior.
Informal norms guide and regulate people's behavior based on traditions, customs, and moral values.
Official norms regulate the behavior of people based on the constitution, law, and legal normative documents.
Formal and informal norms have a relative character, that is, they are related to the category of time and space.
In terms of time, the actions performed by people for a certain period of historical development may be considered unacceptable for a certain period. For example, in ancient Japan, geronticide was a common practice, that is, if parents did not benefit the family economy in their old age, their children were abandoned to die a natural death in the mountains and deserts. Such a violent action by children was not condemned by society. In history, there have been cases of infanticide in Muslim countries in the Middle East. For example, the birth of a girl child in the family caused them to be buried alive. Such an act was not condemned by the members of the society.
In terms of location, the culture of alcohol and tobacco consumption in European and Eastern countries is completely different from each other. In Eastern countries, the consumption of alcohol products is prohibited by society. Such an act is severely punished by law. In European countries, the consumption of alcohol products is considered normal, and such acts are not condemned by society and are not punished by law. Also, the norms regarding family and marriage are fundamentally different from each other.
Official norms have an absolute character. The relationship of delinquent behavior to the law is absolute. Committing the crime of street theft by the owners of the lower class is a means of normal living and restoration of social justice. Such an act is a crime, punishable by law. The existence of an absolute norm ensures the rule of law.
Deviant behavior is divided into two categories in terms of harm or benefit to society:
1. Culturally supported deviant behavior. A deviation is observed in the actions taken by the owners of such behavior. However, the owners of such behavior benefit society with their actions. For example, geniuses, fanatics, and sports achievements.
2. Deviant behavior without cultural support. Owners of such behavior harm the development of society by their actions. For example, suicides, criminals, alcoholics, drug addicts, and prostitutes.
Deviation from the point of view of following the norms developed by society is divided into two:
1. Delinquent behavior. All actions carried out by the owners of delinquent behavior do not comply with the law and social norms. For example, robbery, theft, fraud, preparation of forged documents, receiving and giving bribes.
2. Deviant behavior. Deviant behavior is the non-compliance of the norms of behavior of a certain individual or social group with the norms of behavior accepted by society. For example, students use a mattress during the exam, make unusual behavior in public places, and do not follow traffic rules.
From the point of view of the subject, deviant behavior has an individual and group aspect. Deviation from social norms has an individual character if it is done by one person. If such an act is carried out by groups, it will have a group character. Individual deviance can take on a group dimension over some time. For example, in the 19th century, women and men living together without marriage were considered a gross violation of the norms accepted by society, and such behavior was condemned by society. At the same time, it has an individual character. By the 20th century, such a movement began to take on a group character. Society adjusts its requirements for such actions.
Deviant behavior is divided into the following types according to its purpose and direction. In particular:
1. Destructive behavior. Actions that cause harm to a person against himself. For example, consumption of alcohol and tobacco products, suicidal state, masochism, etc.
2. Antisocial deviant behavior. Harms the activities of primary social groups. For example, violation of labor discipline, petty bullying, etc.
3. Acts contrary to legal norms. Such an act is contrary to legal norms. It causes negative consequences in social relations. For example, theft, robbery, terrorism, etc.
At the same time, representatives of each field try to classify the causes of deviant behavior from their point of view. In particular:
Legal classification. The deviant character defines the nature of the action by the level of social danger. They include actions taken by people against legal norms. For example, administrative, criminal, and criminal procedural.
Pedagogical classification. Deviant behavior is determined by the level of mastery of the educational process by students. For example, failure to master educational programs on time, conflict situations arising from interaction with peers, emotional situations in students' behavior, and behavioral deviations.
Sociological classification. The nature of deviant behavior is determined by the opinion that it is a social phenomenon. Deviant behavior is classified based on the following characteristics.
- individual and collective by scale ;
- economic, political, and property relations on the object ;
- positive and negative consequences;
- short-term and long-term in terms of implementation;
- a certain individual, formal and informal groups on the subject ;
- illegal and unethical due to deviation from norms.
An objective assessment of any event is of great importance. There are different approaches to assessing deviant behavior. In each approach, deviant behavior is based on conformity with social norms.
Sociological approach. Deviant behavior is evaluated based on social risk and safety level.
Psychological approach. Deviant behavior is evaluated based on the complex situations that arise in the process of personality formation.
Approach to age. The established social norms are evaluated about the norms of behavior expected about age.
A gender approach. It is evaluated based on the roles performed about social norms from the point of view of gender.
Approach to the profession. An assessment is given based on every action related to professional activity.
Based on the above approaches, it can be concluded that analysis and synthesis taking into account a person's internal mental state, national, professional activity, age, and sexual characteristics are important in evaluating a certain norm of deviant behavior.
Today, there are the following types of deviant behavior. In particular:
- crime ;
- suicide ;
- alcoholism ;
- drug addiction ;
- prostitution ;
- corruption ;
- terrorism.
CONCLUSIONS
Suicide (a French word meaning suicide) is considered a type of deviant behavior and means a conscious act of self-homicide. E. Durkheim in his work "Suicide" (1897) analyzes the issue of suicide from a scientific point of view. Suicidal behavior is the main reason for the action and tries to cause problems arising from the relationship between the individual, group, and society. E. Durkheim divides the act of suicide into the following types :
- suicide of an egoistic character. Difficulties in registering an individual in social relations.
- to the character of anomie have a suicide. Social norms are becoming obsolete in society, new norms are falling into decline
- - a suicide with an altruistic character. Suicide for a certain idea and other members of
society.
There are various theories and theories about the causes of suicidal behavior. In particular:
- expressing protest against the status acquired in society, dissatisfaction, feeling guilty.
- depression, frustration, invisibility, and jealousy in social relations.
- alcoholism, drug addiction, mental illness, and life conflicts.
- not being able to find one's place in society, the state is deprived of social relations, feeling alone and lacking confidence for the future.
- individual causes, transmission from generation to generation (genetic factor), psychological pathology, age-related deviation, and severe pain.
Based on the above, it can be concluded that suicide has a social character. It shows that it should be analyzed and systematized from a scientific point of view together with economic, political, legal, and moral relations in society.
In conclusion, it is necessary to study the role and importance of deviant behavior in maintaining the healthy order of society from a scientific point of view based on the principles of time and space, development, and interrelationship.
REFERENCES
1. Узбекистан Республикасининг Конституцияси.- Т. ;Узбекистон, 2023.
2. Э.Гидденс. Социология. Ук;ув кулланма. Шарк нашириёти., -Т. 2002.
3. Фролов С. Социология. Учебник. Москва Юрист Гардарика., 1999.
4. Гилинский Я. Девиантология. СПб., 2008.
5. Маматкулов Р. П. Вопросы повышения политической и правовой культуры в обществе //International Bulletin of Applied Science and Technology. - 2022. - Т. 2. - №. 08. - С. 45.
6. Дюргейм Э. Самоубийства.- М Мысль, 1991.
7. Змановская К.В. Девиантология (Психология отклоняющгося поведения) Учебное пособия. 2- е изд.- М., 2004.
8. Клейберг Ю.А. Психология девиантного поведения. -М.,2001.
9. Ibragimov K. Social control an essential condition for the existence of a social system //Science and innovation. - 2023. - Т. 2. - №. B2. - С. 520-524.
10. Маматкулов Р. Ижтимоий мобиллик-баркарор тараккиёт асоси //Eurasian Journal of Academic Research. - 2022. - Т. 2. - №. 8. - С. 107-114.
11. Ибрагимов К. Д. Миграция как социальное явление //Научная дискуссия: вопросы социологии, политологии, философии, истории. - 2016. - №. 6. - С. 115-119.
