Conflict Theories example essay topic
(126) In the book, Everything in Its Path, Kia Erickson, a sociologist, alludes that the disaster that occurred in Buffalo Creek, Virginia on February 26, 1972 is an excellent example of Conflict theories as a whole. The events of February 26, 1972, the ensuing litigation and its resolution tend to support Erickson's assertions. The parties involved in this particular conflict were citizens of Buffalo Creek, the coal mining industry, and governmental bureaucracy. In response to citizens' concerns about slag, a pollution by product of mining, contaminating creeks, rivers, and streams the government of West Virginia required the mining companies to construct retaining ponds. The mining companies constructed and ponds and used earthen dams mixed with slag to prevent seepage. This gesture on the part of the mining companies satisfied governmental bureaucrats.
In an article entitled, Drowned by the State, William L. Anderson calls the tragedy that occurred in Buffalo Creek "death by government". (Anderson) By 1972, the Pittston Coal Company, the parent company for the Buffalo Mining Company, had built three retaining ponds. "The dams and coal mine waste turned Middle Fork into a series of black pools". (Buffalo Creek. org 1) The flooding that occurred in 1972 was not new to the residents of the area. The hollow had been flooded in 1967 by a break in one of the dams.
State officials responded by requiring minor alterations. There was another dam failure in 1971. Again the state did not follow up with inspections. In fact, Pittston Mining was fined $1.3 million dollars but paid only $275. (Buffalo Creek 2-3) When the dam burst on February 26, 1972 "tons of water cascaded down 16 miles of narrow mountain valleys, killing 125 people and destroying more than 1,000 homes... ".
(Anderson 2). The trial not only identified the source of the conflict but the judgment rendered also tried to remedy and eliminate the source of the conflict. According to Karl Marx and Friedrich Engels, "capitalism is the root of conflict because it is the source of unjust inequality. In this view, greater integration and regulation simply would tend to perpetuate an unjust economic system". (Lily et al. 128) Viewed in light of this theory, the actions of the Pittston Mining Company would be excusable.
According to this theory further regulation would only feed an already unjust economic system. In the view of Marx and Engels, the solution would be the overthrow of capitalism and the establishment of a socialist society. In addition, Marx and Engels believed that conflict was inherent in the nature of social arrangements under capitalism. (127) To put it differently, as long as there is capitalism conflict is a given, therefore, the company should not be held accountable. The lawyers for the survivors of the tragedy could have used Richard Quinney's Social Reality, Capitalism and Crime Theory in its defense of the victims. Although Quinney changed his concept of conflict theories many times, there are two crucial aspects that he points out in defining the rule of law.
Quinney defined law as "the creation of and interpretation of specialized rules in a politically organized society. He also states that "whenever a law is created or interpreted, the values of some are necessarily assured and values of others are either ignored or negated. (147) In addition, like Turk, Quinney defined crime as, "a legal status that is assigned to behaviors and persons by authorized others in society". (147) With this assertion, he then defines the criminal as "a person who is assigned the status of criminal on the basis of the official judgment that his conduct constitutes a crime. (147) In light of these ideas, lawyers for the victims could have argued that the mining company engaged in a criminal act, which in turn made them a criminal, and as such, should have its rights either ignored or negated. The final statement by the lawyers for the victims, certainly support the existence of Conflict Theories.
The final statement of the firms was, "The court settlement is evidence of a new realization in our society that not just individuals, but corporations and other institutions, commit crimes... Courts will be judging as criminal corporate and governmental practices, previously considered as normal, in light of society as a whole, not just a powerful few". The very nature of our court system is one based on conflict. We as a society have given our justice system the right to have the final word in not only determining the cause of conflicts, but also the ability to resolve that conflict.
Bibliography
Page Anderson, William L "Drowned by the State": Mises Institute Monthly Vol. 18, No. 5 May 2000 Lilly ET.
Al., Criminological Theory. London: Sage Publications, 2002 Buffalo Creek, http: web.