Definition of Popular Culture
Modern scholars were of the perspective that, contemporary popular culture does not have an intact definition. However, authors have defined popular culture and sub-popular culture in various ways. Modern authors emphasized that popular culture can be referred to the pattern of different cultural experiences which are prevalent in modern societies. However, contemporary scholars has different perspectives, in their viewpoint, popular culture is generally expressed and widely spread by using commercial media that includes- television, radio and newspapers. Modern autocrats emphasized that in UK, the use of popular culture is widespread and therefore as a result of it large number of individuals has access to it.
The concept of popular culture has been defined by authors keeping in view the existing norms and values of the society. According to modern autocrats, the concept of popular culture can be referred to the norms and values which are generally followed by ordinary people in their every course of life. However, these norms and values are opposed to the prevailing high cultures of the society which revolves around the culture of intellectual communities. Authors refer these high cultures belonging to intellectual communities as mandarin culture.
The concept of popular culture can be related to the theory of legal positivism. Modern scholars opined that, from the perspective of a legal positivist, the regulations and principles of law has been considered to be valid due to the reason that these laws has been enacted or passed by a legislative body and accepted by the individuals of the society as a whole. Scholars were of the view that, popular culture has been able to play its role significantly because it has been widely accepted by a large number of individuals of the society. Modern authors were of the view that popular culture came into being as a result of mass-production of commercial culture and not as a result of an individual act. Modern scholars also emphasized on the concept of sub-culture and described it as a small cultural group which exists within a relatively large culture. However, the individuals of sub-cultural communities shares different identity from the large cultural group.
In this regard, the concept of popular culture and sub culture can be associated with the emergence of gang crimes in UK and their relation with legal positivism. Modern authors emphasized that various behavioral, social and psychological factors are associated with modern gang-crimes. Contemporary scholars were of the opinion that the members of gang-crimes are associated with various criminal activities. Modern scholars however emphasized on a different view. In their perspective, youths forming popular culture groups are often associated with criminal gang activities. Scholars were of the opinion that the concept of positivism is opposed to the subject-matter of natural law. Modern authors emphasized that the theory of legal positivism can be applied to the activities of gang crimes as the theory is opposed to moral judgments. In the perspective of con temporary scholars, the theory of legal positivism can be applied to eliminate the activities of gang-crimes as the theory emphasized those criminals’ needs to be punished with the application of legal principles by ignoring moral values.
Concept of Sub-Culture
While critically evaluating the impact of neo-tribalism in youth culture, it is essential to provide the ideas of different scholars and authors. Modern researchers while analyzing the importance of neo-tribalism in the study of youth culture recognized two major issues. The first issue is associated with the objectivity of youth culture while the second issue is concerned with the second issue is concerned with the scope of neo-tribalism in relation to youth, music and lifestyle. In the perspective of these researchers, the subject matter of youth culture in a modern day has been constantly applied by sociological theorists. There is a belief that youth culture forms an important part of the society and culture. However, in every society these prevailing cultures are divided by a thin line of division and therefore it has been difficult for researchers to identify these lines of division. According to contemporary authors, the concept of tribe is referred to a certain ambience and the state of mind. These ambiences and state of mind are expressed with the help of different lifestyles which relatively favors the appearance and form of tribes.
Modern scholars opined that from the very beginning the concept of neo-tribalism is a matter of concern for the society. According to them, the concept of neo-tribalism is more concerned with the shifting nature of different associations between individuals due to the reason that reason that the society is steadily inclining towards the development of consumers. In the perspective of ancient scholars, the development of neo-tribalism can be traced back from the late 1960s and the early 1970s. However, the process of neo-tribalism was identified much lately by the modern researches and thereafter these were applied to the origins of mass consumerism. Modern authors however opposed the application of the concept of neo-tribalism in modern youth culture. According to their perspective, the principles of neo-tribalism stood as counter-cultural opposition to various commercially available variants. These variants included- music and style which existed as a result of the prevailing youth culture during the early 1970s.
While considering the issues associated with youth identity and collective expression which exists within the framework of neo-tribalism, the concept of lifestyle proved to be beneficial in providing a deep understanding regarding the identification of the existing youth cultures that has been constructed from the beginning. Modern authors successfully linked the significance of the processes of neo-tribalism to the preferences of style and music among the contemporary youth. In can be stated that the concept of neo-tribalism has been commenting on the taste and preferences of contemporary youth regarding their taste and preferences in relation to music and lifestyle and thereby paved the way for the development of youth culture.
Legal Positivism and Popular Culture
According to modern scholars the judicial system in UK and USA played significant role in addressing the issues related to gang crimes. In United Kingdom, the Policing and Crime Bill has been introduced for the purpose of providing appropriate solution from the menace of gang related violence. A new regime has introduced by the Part 4 of the Policing and Crime Bill under which the local bodies and the police were given authority to bring an action for civil injunctions against individuals to the Court of Magistrate for the purpose of controlling violence related to gang crimes. In the perspective of modern scholars, these provisions have been included by the Policing and Crime Bill for the purpose of minimizing the impact of criminal activity and violence upon the individuals and the communities as a whole. Scholars were of the view that in order to minimize the risk of gang crimes, it is important to apply the procedural requirements accordingly in order to prevent miscarriage of justice. Traditionally, the concept of criminal law was implemented for the purpose of maintaining public peace and order. Therefore, authors opined that in order to minimize the risk arising out of gang crimes, a wide range of standards needs to be maintained. These standards shall prove to be beneficial in safeguarding the interests of the general public from the harmful consequences of crime. In this regard, Clause 33 of the Policing and Crime Bill states that sometimes it may create confusion on the part of the Courts regarding the question that whether an injunction related to gang crime can be granted or not. Therefore, if the Court is satisfied that the defendant or the offender was engaged in such violent activity or has either encouraged or participated in activities related to gang-violence, then the Court is at the authority to grant injunction. It was held in R. v Manchester Crown Court [2002] UKHL 39 that the standard of proof for ASBOs which was constituted under the rime and Disorder Act 1998 was considered by the Appellate Committee of the House of Lords.
According to modern authors, the scope of preventive orders are quite complex as they are involved in covering various situations of different kinds. However, Clause 96 have proposed to insert relevant sections into the Police and Criminal Evidence Act 1984, relying on which the Secretary of the State can make regulations regarding retention, destruction of evidences including fingerprints and DNA.
Gang Crimes and Legal Positivism
In USA the courts are at the authority to apply the apply the relevant Articles of the United Nations Convention on the Rights of the Child for the purpose of eliminating gang crimes from the society. Articles 6.1, 6.2 and 24.1, deals with survival rights. According to modern scholars, if children are given proper food, shelter, education and security then in the future they shall not involve in gang crimes. Articles 2, 19.1, 19.2, 32.1, 33, 34, 36 and 37, deals with the legal provisions. The Courts are at the authority to rely upon these legal provisions while deciding matters in relation to gang crimes.
According to modern authors, the emergence of youth gang crimes in a modern community is not a new problem. It is evident that cities, towns including the rural areas are experiencing violence related to gang crime. Scholars emphasized that in many communities, the government officials’ reaches to a conclusion by stating that such gang crimes are prevailing in the society just because they are associated with certain group and symbols. The community officials and residents may experience criminal gang activities in their areas however; such factor does not indicate the persistence of an emerging gang problem in such areas. Therefore, researchers opined that systematic assessment should be undertaken by the communities for the evaluation of behavioral patterns of the local youth engaged in gang crimes before reaching an appropriate conclusion.
Modern researchers stated in their opinion that the prevention of youth from participating in gang crimes is not an easy job and is often challenging. It has been observed that from the very beginning the youth involved in gang crimes have experienced major risk factors during their early years either in school, family or communities in which they live in. Modern authors were of the opinion that lack of awareness in schools regarding the issues of criminal gang activity has increased such problems to a large extent. Therefore, it is important on the part of the communities to involve themselves towards the elimination of gang crimes from the society. Researchers have argued that in order to prevent gang crimes, the first contribution should be from the family. Parents should provide proper education and care to their children so that they do not involve in gang activities in future. It is essential to provide adequate training to children in schools regarding the fact that how involvement n gangs could be dangerous. It is important on the part of the communities to crate various recreational centers for youth so that they prevent themselves from joining criminal gangs.
Neo-Tribalism in Youth Culture
In the opinion of contemporary researchers, criminal gangs exist within communities and carry on illegal activities within it. Therefore, it is evident that the communities are well aware of these illegal activities. However, communities fear to take appropriate steps against these illegal gang activities. In the perspective of modern authors, in spite of various obstacles, communities can contribute towards the prevention of youth gang crimes. Firstly, it is important on the part of the communities to prevent the involvement of experiences which compel children and adolescents into joining criminal gangs. In this context, the core of social and educational institutions should be strengthened which begins at family and schools. It is important for communities to intervene into the factors causing gang involvement at the early stage. Various programs should be introduced in relation to this which should target both males and females. Scholars emphasized that intervention which involves efficient school-based gang prevention programs should be implemented immediately after the identification of behavioral issues in children. However, in some educational institutions, poor and improper implementation of gang related problems is a vital issue. Therefore, it can be stated that for efficient implementation of gang crime reduction programs, it is important that children and adolescents shore adhere to the requirements of such programs.
The legal norms associated with gang crimes in USA are contained in U.S Code 521 which deals with provisions regarding criminal street gangs. According to this code, the word conviction includes imprisonment under the provisions of Federal and State Laws regarding the act committed by a juvenile which involves violent consequences. The concept of criminal street gang under this Act signifies the association of five or more persons in activities related to crime. The Act has effectively addressed the circumstances arising out of the involvement in criminal gang activities. An individual participating in the activities of criminal street gang with prior knowledge that its members were involved in criminal activities shall be convicted under this Act. However, if such person further intends to participate or promote the activities of the criminal street gang related to felonious activities then he shall be amounted to fine and imprisonment. In case of offences against the state which are depicted in Section 102 of the Controlled Substances Act (21 U.S.C. 802) the individual shall be entitled to a maximum amount of penalty and imprisonment not less than five years. In case of involvement in felony crime of violence which involves physical force against persons, it can amount to imprisonment with fine.
Judicial System in the UK for Gang Crimes
In UK, the provisions of Serious Crime Act 2015 deals with serious gang related crimes. Section 51 of the Serious Crime Act 2015 replaced Section 34 of the same Act in 2009 in which the circumstances were set out regarding the decision of a court for granting injunction related to gang crimes. The first essential contained in Section 51 is that whether the defendant was engaged in gang violence or not. The second essential is that if the court is satisfied, and at the same time if it appears necessary to the court that granting injunction is necessary for preventing the defendant from engaging in gang criminal activities in future, then it shall allow it accordingly. Section 51 has rightly defined violence or right of violence as an activity carried out by a group of minimum three people. Such group may use certain name, color and identity for the representation of their gang which signifies their involvement towards a particular area. However, the definition has been highly criticized by modern authors. Modern authors wee of the perspective that nowadays gangs are not identified by numbers and by the representation of a specific symbol. These gang members are increasingly involved in various drug-related and other offences which are not in association of a group within a specified area.
From the very beginning, the concept of neo-tribal sociality briefly addresses the co modification of legal profession. Authors have shared their views regarding the presence of an alternative focus on the formation of professional identity on the part of the young lawyers. In the perspective of modern scholars, the concept of neo-tribalism has been addressing different aspects for instance lifestyle and various cultures. According to them, the concept of neo-tribalism has created an alternative focus upon the issues of young lawyers in the process of forming a conceptual legal identity. Authors acknowledged the importance of transition from a traditional perspective to a new managerial perspective based on the principles of legal profession and various aspects of neo-tribalism. However, various authors have ignored the importance of cultures related to sub-culture, parallel-realism, Rastafarian and punk culture as an important part of lifestyle on the part of young lawyers. Modern authors were of the view that by ignoring the above mentioned cultures, the concept of neo-tribalism can be partially acknowledged.
According to the opinion of contemporary scholars, the issues concerned with cultures and lifestyles always formed an important part of identity regarding legal profession. From the traditional point of view, the issues of lifestyles and cultures were considered as an issue of occupational position. Scholars opined that due to sudden transition within legal profession there has been promotion of legal services within the communities of young legal experts. Therefore, as a result of such shift in perspective, the focus shifted from legal practice to the study of legal profession. Modern researchers found out that as a result of sudden change in cultures, the issues related to lifestyles assumed greater position than compared to professional identity within the conceptual framework of legal practice between young professionals. It was observed that as a result of sudden transition, the focus shifted from law as a profession to law as a business on the part of young lawyers. In the opinion of modern autocrats, the impact of such changes not only created major impact on their professional identity but only on their personal business.
Preventive Orders in the UK
Academic studies related to young lawyers reveals that due to sudden focus on transition from the principles of legal education to legal profession created favorable impact on their legal career. However, with the application of the elements of neo-tribalism towards the study of legal profession, the communities of young lawyers faced various difficulties. Researchers reveal that such difficulties were based on differentiation and discrimination. It was suggested by authors that such differentiation are associated within the reflection of the elements of neo-tribalism affecting the choice of young lawyers as well as aspirations while entering legal profession.
Modern authors were of the opinion that in a modern society, the functions of the government is vast and is divided into three major areas. These major areas include- protection, defend and services. Since time immemorial public welfare is the major concern of the government. The operation of maintaining law and order are performed efficiently by various government officials. Therefore, it is important on the part of the government authorities to identify the existing criminal gangs within the jurisdiction. The government officials should be aware of the communities served by them and therefore prior to the implementation of programs and other regulations it is important to carry out proper research and planning.
The government should implement different policies which are independent from each other for the purpose of eliminating the issue of gang crimes from the society. Most of the government authorities work closely in association with the police department. The police department depends relies upon the information provided by the community. Therefore, with active interaction with the police department, it will be useful for the government to act according to the relevant information. The government is at the authority to implement different technical and non-technical resources to deal with the issues related to gang crimes. For this purpose, it is important that the government should identify the prevailing gang violence issues within communities. However, the government has established various anti-gang deterrent programs for addressing the underlying problems of gang violence efficiently. It is worth noting that the government must work in collaboration with the police department in order to evaluate the underlying causes of gang violence within the society. It can be mentioned that as a result of such collaboration it will prove to be beneficial for the government authorities to find appropriate solutions to these problems. Modern scholars emphasized that the intervention of the government should efficiently address to the prevailing social issues like unemployment, poverty, discrimination and racism. It is worth mentioning that these are major social evils which compel an individual to participate in gang crimes. From the very beginning the presence of these social and economic forces has contributed towards the formation of gang violence within the society.
Judicial System in the USA for Gang Crimes
It is essential for the government officials to develop adequate knowledge regarding the functioning of the judiciary. The officials should possess specific knowledge about the existing provisions and statutes so that they could easily access that whether there has been any violation of legal rights on the part of the offenders. The processes involved in the prosecution of gang crimes including the right of respondents, the victims, the role of defense and prosecution should be understood by the government. Researchers argued that gang crimes can be prevented from re-committing with the development of various correctional systems. These correctional systems has been addressing the rationale for punishment by providing in-depth understanding regarding the concepts of probation, parole and community services in preventing the offenders of gang crimes from committing further crime.
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