CLJ Study Guide exam 1
CLJ Study Guide exam 1 CLJ 200
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This 3 page Study Guide was uploaded by Manili Alaniz on Saturday October 1, 2016. The Study Guide belongs to CLJ 200 at University of Illinois at Chicago taught by Greg Matoesian in Fall 2016. Since its upload, it has received 226 views. For similar materials see Law and Society in Criminology, Law, and Justice at University of Illinois at Chicago.
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Date Created: 10/01/16
CLJ Study guide Research- study events over time to gain richer understanding leading to present. - Chambliss study of Vagrancy is a good example as it is of conflict theory Durkheim Legal System: Highly specialized and indispensable “organ” of adaption in modern societies (think of what would happen if we didn’t have it) Social facts: exterior, constraining and collective Law is the most obvious example of social fact Law is the best objective indicator of collective morality Mechanical Solidarity: Low division of labor, no individual, collective conscious based likeness (homogeneous) - Characterized by repressive where punishment and criminal law is dominant) - Law offends transcendent authority and shocks the collective conscious - Law + Religion Organic Solidarity: cohesion based on difference. Complex society, high division of labor. Heterogeneous. - Emergence of restitutive law which restores broken relationships, rights, contract, civil law. Law is separate from religion. Crime is normal and necessary for societal integration. It is normal and functional for a healthy society. - That is why there is little crime in Nazi Germany because it is not functional Sacred v. Profane- Law is a sacred institution - Emerson talks about the rituals used in court Social Order: social cohesion requires integration around core values. Social change is evolutionary Methods: positivism. Natural science model; single cause and effect; objective evidence used to develop causal laws Legal change: repressive/restitutive. Change in law correlates with change from simple to complex society Marx Crime is a social harm and a violation of rights Justice system is not designed to get rid of crime but to foster the impression that crime is street crime which needs to be controlled Marx believes Law is an instrument that protects and advances the interests of the upper classes - Law is a form of domination, exploitation, and oppression Law reflects ideas and interests of the ruling elites and support the interests of the powerful (ideologies/hegemony-dominance by one social group over others) Marx talks about base and superstructures of society- Law is part of the superstructure Major critique of Marxism: essentialism and determinism Gender views law as a product of males and therefore has a patriarchal character (masculine vies) MacKinnon: control of women’s sexuality is central to male domination. Power through violence and the law permits it. - Rape is an experienced harm for women but standard for criminality belongs to male ideology Instrumental Marxism example is wall street meltdown (no one got in trouble) Social Order: Base and superstructure. Instrumental v Structural Methods: historical materialism; knowledge used to bring about social change Legal change: under capitalism law protects capitalism Weber Law is practiced by Legitimate and highly trained staff of legal specialists Formal rationality as in contracts increases freedom because it allows one to make calculations, predict economic activity, produce uniformity Capitalism and formal legal systems have important elective affinities (they exert a reciprocal influence on one another) Weber said protestant ethic and spirit of capitalism is instrumental to development of the western nation Verstehen- German word used for empathetic understanding of human behavior Indian Law: obstacle to rational capitalism. No specially trained jurists. Too much religion and too much irrational elements in law. - Example he gives is a creditor who cannot get paid by debtor and can either hang himself or sit at the house and starve himself to death - He wanted to force clan to intervene on his behalf and increase pressure on debtor Chinese Law: obstacle to rational capitalism. Too much magic. - Example he gives is if someone sold a house to another but becomes poor they can show up to the house and demand to live in it - The person would be accepted because of fear from ancestral spirits if they are disturbed Social Order: rationality; legal rational authority Methods: historicism; natural and social sciences different; no general laws possible; meaning to participants; multiclausal built up from analysis of concrete cases Legal Change: capitalism and formal legal rationality feed off each other; relationship reciprocal (elective affinity). Irrational to rational law (PESC) Types of Legal Thought Rationality: means-ends, control, logical, universal - For example: the law of theft doesn’t care what was stolen just that law was broken 4 types of legal thinking: Formal rationality, substantive irrationality, formal irrationality, substantive rationality Formal Legal Rationality: legal thought derived from legal sources. Criteria internal to legal system with a high degree of predictability. - Law involves consistent logical rules independent of moral, religious, or other normative criteria - Ex. If a felon is in possession then he violates the law. LeRoy Reed is a felon and in possession of a firearm. Therefore He is guilty Goffman Focus on interaction order. Dramaturgy: Social life is like theater. Impression management - Social interactions are theatrical performances - Impression management example is someone wearing glasses to seem smarter to others Front stage and backstage performances (misdemeanor rape v homicide) Forms of talk: footing (relation we take to our utterances) - By footing you steer the conversation in your direction
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