The definition of deviancy, its origin, as well as its negative connotations, seems to shifts from behavior to behavior.
Deviance at times seems benign and morally neutral and simply to challenge normative categories of identity, in the case of homosexuals, atheists, and women who are single and/or working. All of these categories have existed as Foucaultian character 'types' in the form of modern media stereotypes, as portrayed as the media, even though they could also be easily classified as acts or as belief systems. A woman's desire to work is technically an 'act' but cultural stereotypes attach assumptions to this decision -- such as the idea that a woman who works is callous and uncaring about her children. A homosexual is technically someone who engages in same-sex sexual activity but has been characterized as effeminate, overly sexual, predatory, or 'less than a man' although the only real deviant, contingent characteristics of a homosexual is same-sex desire.
But in other cases, deviancy may potentially threaten the social order, such as safety, in the case of individuals who kill or steal. While certain environmental characteristics may explain such behavior, it is more difficult for society to engage in relativistic analysis about these actions and still remain functional. But even in these cases, it is important to reflect that there is a subjective, constructed aspect to such 'deviance.' In the American south during the Jim Crow era, men who lynched African-Americans were not considered deviant, although today we would consider them murderers. The Victorians attempted to create constructs of individuals with particular physiology, behaviors, and characteristics who were intrinsically murderous, or a murderous 'type,' in the way that individuals who were gay were said to be a certain 'type.' While it is arguably harder to view how society could function without a stringent definition of what constitutes murder, even the definition of a murderer is far more fluid than one might initially suspect.
Taking a positivist approach to deviance, whereby the 'act' is seen as inherently bad and worthy of punishment in a trans-cultural fashion is problematic. In the case of homosexuality, which today is said by most gay people to be mainly biologically rather than culturally or psychologically constructed, the cause is uncertain and cannot be easily 'dealt' with (Goode 2008). And although some individuals are threatened by the presence of homosexual acts, there is no clear reason why this 'deviance' should be eliminated at all. Also, even if the expression of sexuality is socially constructed, the specific types of desires and choices manifested by individuals are so complex in their origin, it is impossible to imagine eliminating a form of sexual expression and identity in a positivist fashion.
The failure of positivism
Even more obviously asocial actions, such as violence, are embedded in a web of biology and social license that the positivist is hard-pressed to explain. For the positivist, social control is a rational process, but deviant behavior is not consciously chosen: "Two actions that are superficially and mechanically similar may mean very different things to the participants as opposed to the individuals who react to the participants and what they are doing. i.e. homosexuality. So, what something is, is entirely dependent on how it is interpreted by the relevant audience, including the actor" (Goode 2008). A 'normal' person who grows up in a world where violence is normal may act violently. Soldiers in wartime are encouraged to defend their country, even when their actions in other contexts would be profoundly damaging to society. One cannot distill the action from the context and say it is deviant.
Constructivists...
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