Divergence and deviation as categories of criminological thought

Abstract

This article offers a critical discussion of the scope and shortcomings of the notions of deviation and divergence as analytical categories in criminological thought. It examines criticisms formulated to the concept of deviance from various perspectives. It discusses contributions of the Milan school of sociology of law as a result of its dialogues about this topic with both structural-functionalist sociology and critical criminology of Marxist orientation, as well as with the theory of social divergence. Among the limitations of the concept of deviation, it highlights that it does not adequately distinguish between the non-conformist type of behavior on one hand, and that of the deviant type, on the other. Non-conformist minorities often represent fundamental values of society better than the conformist majority. Therefore, this paper questions the value of the category of deviation given its inability to differentiate deviant actions of criminal or delinquent origin from non-conformist actions originated in
anticipatory socialization. This leads to incorrectly subsume both senses in the same term. The article concludes by affirming the desirability of maintaining the concept of deviation in criminological thought in concert with categories such as marginality and dissidence. It also recognizes that the notion of divergence is located at a more general level of theorization as well as its contribution to redefine labeling theories within the framework of a coherently conflictualist vision of society.