Exploring Law and White-Collar Crime through Althusser and Croall's Theories

Homework type: History essay

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Summary:

Explore how Althusser and Croall’s theories reveal the law’s role in white-collar crime, social power, and justice in UK secondary school history essays.

Examining the Role of Law and White-Collar Crime: Insights from Althusser and Croall

Within the landscape of sociology, the relationship between law, crime, and social power has generated consistent debate, especially around the ways in which legal frameworks reflect and reinforce existing social hierarchies. Central to this debate are the theories of Louis Althusser, a Marxist philosopher who argued that law functions primarily as an ideological apparatus in service of the ruling class, and Hazel Croall, a British criminologist renowned for her focus on white-collar crime. Croall's investigations expose an often-overlooked dimension of illegality perpetrated by those in positions of authority and respectability. This essay will critically examine how law, as theorised by Althusser, habitually acts to safeguard capitalist interests through selective enforcement. Through Croall's perspective, it will also explore how white-collar crime unsettles traditional notions about crime and justice, laying bare the contradictions rife within the legal system and raising urgent questions about equity, accountability, and social harm.

Theoretical Framework: Law as an Ideological State Apparatus

Althusser’s Concept of Ideological State Apparatuses

Althusser’s conceptualisation of Ideological State Apparatuses (ISAs) provides a potent lens through which to scrutinise the functions of law in a capitalist society. ISAs, as Althusser maintained, consist of institutions such as schools, churches, and the legal system which promulgate ideologies favourable to the interests of the dominant class. Crucially, these bodies serve not merely to regulate behaviour but to reproduce the social and economic relations underpinning capitalism.

Within this theory, law operates on two fronts. Firstly, as a component of the Repressive State Apparatus, it exercises overt coercion—via police, courts, and prisons—to punish transgressions and maintain order. Yet perhaps more significantly, law is enmeshed within the ideological sphere, shaping public consciousness about what constitutes right and wrong, legitimate and illegitimate, permissible and criminal. This duality ensures law does not simply mete out objective justice but functions to legitimise the existing social order, making inequalities appear natural, inevitable, or even desirable.

The Capitalist State and Legal Frameworks

Translated into practice, these theoretical insights mean that law, under capitalism, is rarely neutral. Instead, it is crafted and wielded in ways that preserve prevailing distributions of power and wealth. Labour laws offer an illustrative case: while statutes exist ostensibly to protect workers from exploitation, enforcement is often weak, and loopholes are common. The regulatory response to major corporate scandals—such as the mis-selling of Payment Protection Insurance (PPI) by UK banks—is typically reactive and constrained, rather than proactive or transformative.

This tendency is evident in legislative timidity regarding tax avoidance. Efforts to close loopholes or pursue aggressive avoidance by multinational corporations are frequently diluted, partly due to the influence exerted by business lobbyists. As Marxist-influenced criminologists such as Steven Box have long pointed out, the result is a legal tapestry that is far more vigilant in policing street crime than in scrutinising the malfeasance of the economically powerful. Such selectivity does not arise accidentally, but rather reflects the state’s deep entanglement with capitalist interests.

Selectivity of Law Enforcement and Justice

Selective Enforcement of Law

The notion of ‘selective enforcement’ refers to the differential application of legal norms based on the characteristics of offenders and offences. In practice, this means that crimes more commonly perpetrated by working-class individuals—such as theft, burglary or street violence—tend to attract more stringent policing and prosecution. A glance at the composition of prison populations across England and Wales reveals a striking over-representation of individuals from deprived backgrounds. In contrast, offences which threaten the interests of the elite or are committed by those in positions of privilege receive less attention, and, when pursued, draw disproportionately lenient sanctions.

For example, while benefit fraud receives robust condemnation and investigation, tax evasion by wealthy individuals or companies often results in civil settlements instead of criminal convictions—a pattern exposed repeatedly by parliamentary committees and investigative journalists in the UK. Such disparity not only entrenches material inequalities but also supports an ideological narrative in which ‘real’ crime is confined to the streets, while harm inflicted in boardrooms is minimised or normalised.

Under-policing and Under-punishment of White-Collar Crime

White-collar crime—a term popularised by Edwin Sutherland but significantly developed in the British context by Croall—describes offences committed in the course of legitimate occupational roles. These crimes are characteristically non-violent and complex, often obscured by layers of bureaucracy and professional respectability. Croall points to categories such as fraud, corporate manslaughter, environmental offences, market manipulation, and various forms of financial misconduct.

Empirically, the enforcement of white-collar crime is fraught with difficulty. The Serious Fraud Office, for instance, is chronically under-resourced relative to the scale of corporate wrongdoing; many offences only come to light years after they are committed, if at all. Successful prosecutions are rare when compared to the frequency and scale of offences. When punishment is administered, it is often limited to financial penalties—a cost of doing business—rather than custodial sentences. The collapse of Carillion in 2018, leaving billions in unpaid subcontractor bills and thousands without jobs, resulted in little more than regulatory hand-wringing and modest fines for directors.

The Role of Power and Influence in Shaping Legal Outcomes

It is not only structural inertia that explains this unevenness; the social and economic capital wielded by white-collar offenders shapes every stage of the legal process. Wealth affords the best legal representation, expert testimony, and the ability to negotiate settlements out of court. Political connections, fostered through lobbying and party donations, influence policy-making and regulatory vigilance. Media outlets, often owned or influenced by powerful corporate actors, may downplay the seriousness of elite crimes or frame them as regrettable errors rather than deliberate, criminal acts. Thus, law becomes not merely a battleground for justice but, as Althusser predicted, a key site for the defence of entrenched privilege.

Croall’s Perspective on White-Collar Crime

Defining White-Collar Crime According to Croall

Croall’s scholarship distinguishes white-collar crime from conventional forms of criminality. For her, the defining feature is not simply the social status of perpetrators but the abuse of trust and power intrinsic to occupational roles. Categories she identifies include corporate fraud, professional misconduct, breaches of health and safety regulations, tax evasion, and insider dealing. Such crimes are typically technologically sophisticated and hidden behind the façade of legitimacy.

The subtlety and complexity of these offences pose serious challenges for detection and prosecution. Unlike street crimes, white-collar offences rarely present a clear victim or dramatic narrative, and their harmful effects are frequently dispersed across large groups—pensioners defrauded by investment schemes, workers endangered by willful neglect, or taxpayers forced to subsidise corporate bailouts.

The Societal Impact of White-Collar Crime

While white-collar crime lacks the visibility or drama of violent offences, its harm is often much greater, both materially and socially. Croall highlights financial losses running into billions of pounds in the UK alone, not to mention the undermining of trust in financial systems, public services, and democratic institutions. The collapse of BHS, devastating the pensions of thousands of workers, serves as a recent example of the devastating reach of white-collar crime.

A distinctive feature is the invisibility of victims. Unlike the clear injuries in physical crimes, the victims of white-collar offences are diffuse: shareholders, employees, customers, and the wider public. This invisibility not only makes detection harder but also weakens public pressure for robust enforcement and reform. The broader social costs include economic instability, the corrosion of ethical standards in business and public life, and the perpetuation of inequality.

Law’s Ambiguous Position Towards White-Collar Crime

Croall also interrogates the legal system’s ambiguous stance towards white-collar crime. The boundaries between aggressive business practice and outright illegality are often blurred, with legal definitions lagging behind ever-evolving financial instruments and corporate structures. Regulators such as the Financial Conduct Authority are frequently criticised for being reactive and feeble. Moreover, there exists a lingering societal reluctance to see established, respectable figures—bankers, professionals, executives—as ‘real’ criminals. Ultimately, Croall contends that social harm, not just legal transgression, must inform our understanding of crime.

Critical Analysis: The Interplay of Law, Power, and Crime

Contradictions in the Legal System

A central contradiction runs through the legal system: its avowed purpose is the impartial administration of justice, yet its practice is marred by persistent bias in favour of the powerful. Critical legal theorists and neo-Marxist criminologists have long stressed this tension, arguing that the law, while clothed in the rhetoric of equality, in fact consolidates social stratification. The relative invisibility and impunity granted to white-collar crime are symptoms of a legal order beholden to capitalist priorities.

The Role of Media and Public Perception

Media coverage plays a vital role in shaping what the public regards as ‘criminal’. Sensationalist reporting of street crime induces public anxiety and demands for tougher penalties, while white-collar offences are frequently reported in detached, technical language that trivialises their criminality. The public is thus primed to see certain acts and groups as inherently criminal while overlooking the much larger social damage wrought by economic and corporate crime.

Policy Implications and Reform Proposals

Meaningful reform will require robust resources for regulatory agencies, greater transparency in corporate governance, and a recalibration of sentencing frameworks to reflect the full gravity of white-collar harm. These reforms face formidable resistance from entrenched interests but are necessary for any substantive move towards justice. Public legal education—informing citizens of the realities and impact of white-collar crime—also represents an essential step in building political will for change.

Conclusion

Althusser’s analysis enables us to perceive law as not simply the neutral resolution of disputes but as a mechanism through which capitalist class interests are naturalised and protected. Croall’s work sharpens our focus on the significance of white-collar crime, revealing the scale of harm caused by the socially privileged and the inadequacy of existing legal responses. Taken together, their insights expose a systematic bias in law and justice that perpetuates inequality and shields those with wealth and power from accountability. Creating a genuinely equitable society will require not only technical legal reform but also a profound rethinking of whose interests our justice system is designed to serve. Only by facing these realities can we begin to move towards social equality under the law.

Frequently Asked Questions about AI Learning

Answers curated by our team of academic experts

What is Althusser's view of law in the context of white-collar crime?

Althusser sees law as an ideological state apparatus that reinforces the power of the ruling class, making the legal system less likely to strictly enforce laws against white-collar crime.

How does Croall's theory explain white-collar crime in the legal system?

Croall argues that white-collar crime is often overlooked or not punished as harshly, exposing how legal systems protect those in authority and undermine justice.

How do Althusser and Croall's theories help us understand justice and law?

Their theories highlight that law is often selectively enforced, favouring the wealthy and powerful while being harsher on the less privileged, challenging traditional justice concepts.

What is the relationship between capitalist interests and law enforcement, according to Althusser?

Law is structured and enforced to protect capitalist interests, with regulations and enforcement often designed to preserve wealth and power for the ruling class.

How does selective enforcement of law relate to white-collar crime?

Selective enforcement means offences by the privileged, such as white-collar crime, receive less attention and lighter sanctions compared to crimes by the working class.

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