Fear of Crime and Punishment explores the intricate relationship between legal systems and the psychological impact of fear on societal behavior. Annalise Acorn examines how fear serves as a fundamental motivator for obedience to laws, drawing on philosophical insights from John Austin and Fyodor Dostoyevsky's Crime and Punishment. The text delves into various motivations for law-abiding behavior, including conscience, self-interest, and the psychological state of fear itself. This analysis is valuable for students and scholars in criminology, law, and social psychology, providing a comprehensive understanding of the role of fear in legal compliance and societal norms.

Key Points

  • Analyzes the role of fear in legal compliance and obedience to laws.
  • Explores philosophical perspectives from John Austin and Dostoyevsky's works.
  • Discusses motivations for law-abiding behavior beyond fear of punishment.
  • Examines the psychological states influencing criminal behavior and deterrence.
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Journal of Theoretical and Philosophical Criminology Journal of Theoretical and Philosophical Criminology
Volume 1 Issue 1 Article 6
1-1-2009
Fear of Crime and Punishment Fear of Crime and Punishment
Annalise Acorn
University of Alberta
Follow this and additional works at: https://scholars.indianastate.edu/jtpcrim
Part of the Criminology and Criminal Justice Commons, and the Social Control, Law, Crime, and
Deviance Commons
Recommended Citation Recommended Citation
Acorn, Annalise (2009) "Fear of Crime and Punishment,"
Journal of Theoretical and Philosophical
Criminology
: Vol. 1: Iss. 1, Article 6.
Available at: https://scholars.indianastate.edu/jtpcrim/vol1/iss1/6
This Article is brought to you for free and open access by the Publications at Sycamore Scholars. It has been
accepted for inclusion in Journal of Theoretical and Philosophical Criminology by an authorized editor of Sycamore
Scholars. For more information, please contact dana.swinford@indstate.edu.
Journal of Theoretical and Philosophical Criminology, Vol 1 (1) 2009
Fear of Crime and Punishment
Annalise Acorn, University of Alberta
It was a back staircase, dark and narrow, but he was familiar
with it already, and knew his way, and he liked all these surroundings:
in such darkness even the most inquisitive eyes were not to be dreaded.
‘If I am so scared now, what would it be if it somehow came to pass that I were really
going to do it?’
1
***
Sonia had long been accustomed to the
room's being uninhabited. But all that time Mr. Svidrigaïlov had been
standing, listening at the door of the empty room. When Raskolnikov went
out he stood still, thought a moment, went on tiptoe to his own room
which adjoined the empty one, brought a chair and noiselessly carried it
to the door that led to Sonia's room. The conversation had struck him
as interesting and remarkable, and he had greatly enjoyed it--so much so
that he brought a chair that he might not in the future, to-morrow, for
instance, have to endure the inconvenience of standing a whole hour, but
might listen in comfort.
2
Fyodor Dostoyevsky
Crime and Punishment
Is fear the cornerstone of the law? If we think of the law as a list of prohibitions or
injunctions enforced by punishments it is easy to conclude that it is. Could there be such
a thing as law without punishment? Is the notion of punishment intelligible without
understanding it as something to be feared? Is the threat of punishment ever made
without the desire that it will instill fear – a fear sufficiently potent to act as a motivation
to obedience? The authoritative “Do X, or else,” (or more usually “Don’t you dare do X,
or else.”) marks the basic structure of law, or at least of the criminal law. And it is a
structure that presumes the intention and ability to instill fear.
1
Dostoyevsky, Crime and Punishment, translated by Constance Garnett, Part I, Chapter I. Online at
http://www.gutenberg.org/files/2554/2554-8.txt
.
2
Ibid. at Part IV. Chapter IV.
79
Jo
urnal of Theoretical and Philosophical Criminology, Vol 1 (1) 2009
One of the most famous legal theorists of all time, John Austin, championed a
theory which strongly suggested that fear was central to the notion of law itself. He held
that laws are the commands of sovereigns backed by threats of evil.
3
The “evil” necessary
for a legal sanction was – for Austin – at bottom simply something to be feared. Though
fear was central to Austin’s notion of a command, “violence” was not. Threats of
violence were a subset of the sort of “evil” a sovereign could use to coerce obedience.
Fear not violence was the necessary ingredient.
Austin’s theory was roundly criticized on many fronts. But what many found
objectionable about it was precisely his focus on coercion and its associations with fear.
If laws are nothing but coercive commands how are they different from the demands of a
gunman who says “your money or your life”?
4
If fear is the cornerstone of law, what
distinguishes the lawmaker from the bully? If fear is what motivates people to obey, how
can the law claim legitimacy? To view law as a mechanism for securing obedience by
instilling fear debases not only law, but also legitimate law makers and loyal subjects. If
law is to be respectable, civilized, authoritative and legitimate it needs something more
dignified, less craven than fear of punishment to support it.
Indeed, in well-ordered societies law
is supported by a range of motivations for
obedience that go beyond mere fear of punishment. Most law abiding people view law as
a good enough replication of a set of moral norms to which they already feel bound. They
respect the law as a kind of rough guide to decency and as a necessary condition of life in
a peaceful community. These connections between law, decency and community mean
3
John Austin, The Province of Jurisprudence Determined and the Uses of the Study of Jurisprudence
excerpted in Frederick Schauer and Walter Sinnott-Armstrong, The Philosophy of Law: Classic and
Contemporary Readings with Commentary.
(Fort Worth: Harcourt Brace College Publishers, 1994) at 33.
4
See H.L.A. Hart, The Concept of Law (Oxford: Clarendon Press, 1961) at 6-7.
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FAQs

How does fear influence obedience to laws?
Fear plays a crucial role in motivating individuals to comply with laws. Acorn argues that legal systems often rely on the threat of punishment to instill fear, which in turn encourages obedience. This fear can stem from various sources, including the potential consequences of breaking the law and the internalized sense of conscience. The text suggests that while fear is a significant motivator, it is not the only factor influencing behavior; moral values and social norms also contribute to lawful conduct.
What philosophical insights are discussed in relation to fear and law?
The document references John Austin's theory that laws are commands backed by threats of punishment, emphasizing the centrality of fear in legal frameworks. Additionally, it draws on Dostoyevsky's Crime and Punishment to illustrate the psychological turmoil faced by individuals contemplating crime. Acorn critiques Austin's focus on coercion, suggesting that a more nuanced understanding of law must consider moral obligations and the respect for legal norms that go beyond mere fear.
What are the motivations for law-abiding behavior discussed in the text?
Acorn identifies several motivations for law-abiding behavior, including a sense of conscience, self-interest, and the psychological state of fear. Individuals may obey laws not solely out of fear of punishment but also due to internalized moral values that align with legal standards. The text highlights that many people view laws as reflections of societal norms, leading to compliance even in the absence of fear of detection or punishment.
How does the text address the effectiveness of punishment as a deterrent?
The effectiveness of punishment as a deterrent is critically examined in the text. Acorn points out that many individuals who commit crimes may not fear punishment due to various psychological factors, including desperation and a lack of respect for the law. The document suggests that the mere threat of punishment does not guarantee compliance, as individuals often weigh the risks and benefits of their actions. This raises questions about the legitimacy of laws that rely primarily on fear to maintain order.
What role does conscience play in the fear of crime and punishment?
Conscience is depicted as a significant factor influencing an individual's relationship with the law. Acorn argues that a well-developed conscience can instill a form of fear that is not visceral but rather reflective, leading individuals to adhere to laws out of a sense of moral obligation. This internalized fear of self-reproach can be a powerful motivator for lawful behavior, suggesting that respect for the law can stem from ethical considerations rather than fear of external punishment.

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