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This article examines the phenomenon of the heroic criminal and describes the structural preconditions necessary for his appearance. The author argues that these lawbreakers are best understood as cultural products that represent a concept of extra‐legal justice. Their criminality, at least initially, is imputed with political meaning. Such symbols emerge when the rational, formal, bureaucratic justice of the state fails to reflect popular conceptions of justice. These symbolic figures are endemic in any culturally complex state society, although usually their appeal is to a small and relatively powerless public. But at times when the perception of law as unjust is widespread, the heroic criminal may emerge as a national figure of epic proportions. At such times a virtual epidemic of such figures may appear since entrepreneurs, motivated by either politics or profit, “market” such symbols to a receptive public. Using comparative analysis, the author presents briefcase studies of Jesse James, William Bonney (Billy the Kid), John Dillinger, and Charles Arthur (Pretty Boy) Floyd to demonstrate how they became legendary figures. The author then describes more contemporary symbols of extra‐legal justice and the structural factors that inspired their heroic image.

This paper examines race equality within the labor market of professional football, specifically addressing the issue of whether NFL team management discriminates against marginal nonwhite players. To examine this, we compared the racial proportions of “protected” players to proportions of players designated as “Plan B” free agents. We considered Plan B players as “marginals” from management’s viewpoint. Our hypothesis that these athletes would be disproportionately white was confirmed. Reasons for the statistically significant differences in the racial proportions are discussed.

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