SOC 2167: Test 1 Study Guide
SOC 2167: Test 1 Study Guide SOC 2167
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This 5 page Study Guide was uploaded by -deleted-apierson on Saturday February 7, 2015. The Study Guide belongs to SOC 2167 at a university taught by Dr. Buntman in Fall. Since its upload, it has received 270 views.
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Date Created: 02/07/15
Precedent law in general uses past legal decisions to make new ones 0 A conservative way of thinking it looks to conserve past ideas as giving us a sense of the way forward 0 Helps us get stability in the law Civil law type of law that deals with material disputes usually between citizens 0 Goal is to find resolutions as opposed to administer punishment 0 Includes divorce contracts suits etc o Nonpublic law Criminal law type of law that deals with criminal pursuits Administrative law military law FDA IRS etc Public law Includes constitutional law criminal law and administrative law Surplus value what humans create when we work for more than our replacement cost when we work for more than subsistence o Marxist idea 0 In a capitalist order the surplus value becomes profit Superstructure an architecture of social organization 0 Marxist idea 0 Ie government law religion culture etc Jurisprudential View view that holds that there is a clear answer in the law and we know what it is Legal positivism belief that law is amoral Natural law sociological legal theory that suggests there are inherent transhistoric truths ie values Henry Maine believes that law is shaped by a history s history and associational form How people relate to and with each other will shape law Argued there were three stages of history saw history as a movement of human identity where you can choose your path through contractual legal relationships There is a movement from imposed status to individual autonomy which is why modern law recognizes the legal equality of all without reference to status All of society and functioning hinges on law but ignores classism and racism Emile Durkheim believes all societies have values and are therefore moral But values need something to glue them to society and that quotgluequot is law Law expresses and transmits values Law is functional even when it is broken it helps speak to the credibility and the bonding dimension of those values Can also foster reform The division of labor means that we rely on each other and we feel very kindly toward one another We protect these values through law law is a product of changing morality driven by the division of labor It s because we need each other for the division of labor that our system is rehabilitative rather than absurdly punitive Believed values follow our material conditions and survival needs Public opinion is more powerful than formal rules to control behavior Formal law only emerges where informal law is not strong enough Crime is always going to eXist and coeXist with other facts that say it s wrong Crime and collective conscience crime will always evoke punishment One thing we find across societies over time is the desire to believe in something sacred not necessarily religious but something unquestionable law Karl Marx capitalism is one of the biggest things that s ever happened in human history because it got rid of the feudal period and allowed economic growth Advancement of human civilization was dependent on the rise of capitalism but capitalism has its own structural contradictions The way we shape the economy and economic relationships shape everything else Harkens back to Hegel s dialectics contradiction and conflict are the driving force of social change The past shapes the present Has very little to say about law we get that from Marxists Base Superstructure Model describes MarX s view on the economy which he argues leads to a whole architecture of social organization called the superstructure ie government law religion culture etc If you want to understand power ask who owns the means of production or the relations of production Base Superstructure Model I A Fomcoo of Pmoduntioo Tech 1 Eco Fools HP and EDP are the ho ofoconmy FP what is the economy mooo u f HP who owns the ooonomyf who bene tg We tend to overemphasize the Supreme Court as a source of law Why is that o The ability to overturn precedent 0 Quantity and proportion the number of cases they take make them seem exclusive where in reality they uphold most other decisions 0 Overemphasized because most people s experience with law isn t with the Supreme Court but with local courts 0 Most statutes come from the legislature not the court 0 State law is more important or used exclusively rather than federal law We reify cases but we shouldn t A case is just a part of the process Cases are critical at certain points but they don t change the economic political social or local change that is continuing Law is not static or passive It is ever changing as society changes Law as the Rule Idealized law A closed system of rules and principles Generally follows a jurisprudential view of the law holds that there is a clear answer in the law 0 Confidence of quotwe know what the law isquot 0 Ex Speed limit theft environmental standards regulations etc Law as Morals Law is something that can be and is used in different ways at different times by different people to determine what is legal or illegal 0 Outcome is more important than the process 0 Law and justice are not synonymous Law as a Game There are rituals rules set procedure Winners have the best knowledge strategy etc 0 It s not about who s right or morally just 0 Follows legal positivism 0 As long as you play by the rules the outcome is fine whatever it is The rules not the decisions are sacred and what make the system legitimate The sociology of law is looking how people relate to law in different contexts and different places Brown V Board 0 Challenged the quotseparate but equalquot precedent set by Plessy V Ferguson 0 Upheld the separate but equal mentality but with the opposite conclusion segregation of blacks and whites could not be tangibly and intangibly equal Swea tt V Painter 0 It is not enough for schools to be measurably or tangibly equal There are some things that are not measurable that you get from a university 0 EX prestige access to career opportunities etc Gaines V Missouri 0 Something can be constitutional and segregated so long as it s equal 0 Specifically applied to universities states were forced to set up colored law schools med schools etc Rodgers V American Airlines 0 Ruled that the law protects against gender discrimination and racial discrimination but not gender and racial discrimination 0 Displays a jurisprudential View of the law
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