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Test 3 Study Guide

by: Mariana de la Maza

Test 3 Study Guide SOC 2167

Mariana de la Maza
GPA 3.8
Sociology of Law
Fran Buntman

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About this Document

A thorough study guide for Test 3 that includes class notes as well as key points in the readings.
Sociology of Law
Fran Buntman
Study Guide
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This 20 page Study Guide was uploaded by Mariana de la Maza on Wednesday April 22, 2015. The Study Guide belongs to SOC 2167 at George Washington University taught by Fran Buntman in Winter2015. Since its upload, it has received 75 views. For similar materials see Sociology of Law in Sociology at George Washington University.


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Date Created: 04/22/15
Sociology of Law Test 3 Study Guide Review of Readings April 2 Sutton 8 amp 9 Lawyers and the Legal Profession 0 Asked us to Skim through the article 0 What is a profession O In what sense are professions in general monopolies or do they aspire to be monopolies 0 What are some of the ways the legal profession in the US has created ways to protect its monopoly 0 What is the demographic composition of the legal profession in the US How has that changed over time This question is also addressed in Chapter 9 especially regarding women 0 Weber argued legal profession is indispensible 0 Idea of law as a profession a self regulating body of trained experts seems central to the ideal of law as an autonomous institution 0 Independent of politics and economic priViledge 0 The rule of law seems to depend on he professionalization of law 0 What do we mean by law as a profession 0 Certified to practice law 0 Who sets the criteria bar 0 Think of not lawyers but professions in general 0 Law carries the aura of professional history 0 Abel The professional status of law is Precarious 0 What is a profession 0 Functionalist theories I Based on Durkeim s metaphor of a society as a selfregulating organism I Institutions arise to meet the need of the social system as a whole 1 Public interest is best served when professions are autonomous from other centers of power and when practitioners operate independently of gvt Or corporate bureaucracies 0 EX Country lawyer or small town doctor 2 Professions offer an important source of community 0 Societies shared a sense of community in the form of organic solidarity in modern societies professions create pockets of community by blocking out market competition 0 Common identity structured through collegial relations 3 Self Regulation 0 Most important characteristic of professions 0 Mechanism for defending professional autonomy Sociology of Law 0 Aimed in two directions 0 Downward towards consumers who don t know what is in their best interest 0 Upward toward governmental and corporate powers I A dominant trend in the functionalist view was to treat various traits as in exible set of stages I This view is superficially satisfying but unrelated to empirical reality 0 Revisionist research I Showed professional claim to autonomous is dubious I The legal profession is highly stratified there is no evidence that lawyers share a same definition of the moral significance of law 0 Weberian Theories of the Profession I Max Weber I Assumption that every occupation seeks to maximize their prestige incomes and practical autonomy and the most effective way to do so is to act collectively to establish a monopoly over the work they do I Modern professions are not so different from guilds I They seek to create occupational monopolies the primary goal of both groups is to fight off competition from outsiders and to raise the status of members 0 The distinctive feature is in modern professions they offer expertise I Need and expertise are negotiable and socially constructed concepts 0 Thus expertise is not a precondition for professionalization I Abel outlines several strategies that occupational groups may use to establish their claim to expertise 0 Their knowledge must be institutionalized I The goal is monopoly autonomy is a byproduct of a profession s ability to monopolize 0 Created in 2 ways 0 Through strategies of social closure I New entrants chosen on criteria I Socialization 0 To defend a stable and exclusive jurisdiction over a given service and to extend a given jurisdiction 0 Professionalism is a political project I Weberian Perspective how lawyers have sought to achieve social closure and drive out competitors 0 Ascriptive criteria Sociology of Law 0 Elites tend to shape the legal professions have been unsuccessful 0 Until the 19th century the legal profession was disorganized I Beginning of consolidation of local and national bar associations 0 Bar examinations 0 Abel identifies 2 kinds of trends I Regional differences 0 Pass rates lower in urbanindustrial states I More competition 0 Higher in rural states with small populations Fluctuations over periods of slow economic activity As the umber of bar exam applicants fell in the late 1930 s pass rates began to rise Abel says these shifts were too abrupt to be accounted for as quality of exam takers 0 Legal elites manipulated pass rates to establish a quota 0 W11 a boom of lawyers I Abel s Data 0 Found 1 pass rate have consistently varied across states states with larger more competitive populations of lawyers admit relatively fewer applicants are competing for entry 0 2 Bar examinations indeed select on quality 0 Bar examinations function more as market controls than as quality controls 0 Positive correlation between passing bar exam and educational achievement I Apprenticeship system was an effective entry barrier at first but then made the profession more homogenous Law schools multiplied because the demand was growing 0 The profession went further to effect social closure by encouraging approved law schools to raise admission standards 0 Educational attainment grew in 20th century I Made requirements 0 0 Changes in the production of lawyers 0 Aimed at keeping competition low by reducing the rate at which lawyers enter the market 0 Second enrollment pressures increased as women began moving into the legal profession in large numbers 0 Through the first half of the twentieth century law was virtually an all male domain 0 Abel 19897783suggests a number of explanations for the growth in the legal profession that began in the 1960s and accelerated through the 1970s and 3980s Among the most important of these was the threefold expansion Sociology of Law of higher education between 1960 and 1980 which provided many more young people with the prerequisites for legal training Chapter 9 0 Legal profession changed dramatically at the middle of the twentieth century 0 Profession was a success until after W11 0 Raised entry barriers that produced rough equilibrium in the number of attnys successfully defended its monopoly over legal services against competing occupations stimulated demand for new services 0 Women surged into the profession 0 Changes began in 1960 1980 0 Rise of what Galanter calls megalawyering I Signifies the growth and increasing dominance of large private law firms 0 Law firms vary in terms of size specialization types of clients 0 Law firms have a hierarchical pattern established early in 20th century I Dominated by partners individuals who own an equity share I Partners are responsible for managing the firm attracting clients and managing legal cases Since they are owners their income is dependent on the firm39s revenue I Below the partners are junior members now commonly called associates who are in effect probationary employees Associates are paid a salary and typically work under the direction of one or more partner I Different types private manufacturing government law schools 0 Private practice has employed majority of lawyers I Law firms 0 There are more young lawyers now than in the past Private practice has become more pyramidal and bureaucratic O of counsel or permanent associates I Lawyers who are viewed as not so good but stat in subordinate positions 0 Private employment 0 0 Hierarchy in the legal profession 0 Heinz and Laumann I Legal profession can be divided into two hemispheres between which prestige and monetary rewards that follow from legal work differ sharply two hemispheres 0 The fundamental distinction is the type of clients they serve 0 Upper half serve large corporations and af uent individuals 0 Lower half middle and working class individuals I Implies a system of stratification among different kinds of legal work Sociology of Law 0 I Useful model but still is a simplification and an oversimplification of a complex reality Hagan Huxter and Parker Model of class structure I Distinction between capitalist owners and subordinate workers I Two factors ownership of the practice and number of employees I Other factors authority decision making autonomy hierarchical position elite or nonelite status I 10 level class structure in the legal profession I Provides greater variation allows finer distinctions among different types of positions not just treating all partners and associates across law firms the same 0 Different types of partners I Women twice as likely as men to be placed in the underclass of the profession I MegaLawyering O 0 00000 Law firms have been growing in size Firms with 0 or fewer lawyers as small 11 to 50 as medium and more than 50 large Black triangles shows growth rate Small grew much slower than private practice Large firms grew stupendously Shift in employment from small to large firms Small firms declining percentage the most remarkable growth was large law firms The trend of what Galanter calls megalawyering has led to a qualitative change in the nature of legal practice I These firms established the pattern for the modem megafirm O 1 replaced law clerks with young lawyers hired as associates from the most prestigious law schools Firm growth occurred mainly through promotion of associates to partner not outside hiring 0 2 These firms primarily represented large corporations and entrepreneurs in need of specialized team legal services 0 3 They emphasized office workespecially securities banking and tax lawmore than litigation Litigation if offered at all was treated as a lowprestige quotloss leaderquot199132 O 4 Large firms made intensive use of office technologies originally telephones and typewriters today computersto make legal work more efficient Especially important in Sociology of Law this regard was the capacity to manage voluminous files that are likely to accumulate in complex cases 0 5 Finally largefirm lawyers increasingly rely on law books and case reports to build their casesunlike small firm lawyers who get by mainly with common sense and a workmanlike knowledge of broad legal principles I Accelerated sharply beginning in the 1970s in response to changes in the legal environment 0 More lawyers more law 0 Emphasis on litigation larger more specialized 0 More competitive 0 Hired large number of associates less partners I Created an interesting dilemma for law firms I But as law firms have grown larger and more centralized the ratio of partners to associates has declined 0 Gender and the Transformation of Legal Practice 0 Legal practice has changed as megalawyering has overwhelmed the small firm practice 0 Law has always been seen as a male profession but there is an increae in women 0 Gender discrimination I Earnings I Opportunities for promotion I Economsts point of View I Human capital model The argument goes if women or racial minorities in the law earn lower salaries and have lower status than white men it is likely to be because on average they went to less prestigious law schools and have been in the profession for a shorter period of time or in some other recognizable way are less able lawyers than white males This is not discrimination rather this is how an efficient labor market selects the best people for the most responsible positions 0 Even women with substantial human capital may be handicapped in terms of career achievement Again from an economist39s point of view this is not discrimination rather it is the result of choices made by the women themselves 0 A human capital model would attempt to explain gender stratification in terms of individuals39 abilities and experience on the one hand and their family commitments on the other Sociology of Law I To account for discrimination sociologists have treated the human capital model as a baseline and have supplemented it by looking at three other kinds of factors 0 Social Capital 0 The advantages an individual inherits from his or her family including wealth attitudes and career expectations 0 Connections one makes 0 Cultural Capital 0 A persons familiarity with ant taste r highly valued cultural objects like speaking in a mannered way music clothes art 0 Skills 0 Gender inequality 0 Structure of the profession itself where men and women are located 0 Affects their opportunities for upward mobility above and beyond the qualities 0 Expectation that women encounter strong discrimination in small law firms 0 Research on Gender Discrimination I Dixon and Seron human capital and family status 0 Women do better in larger and more bureaucratic firms because there are more opportunities for them to assume supportive roles where cultural capital is relatively unimportant 0 Lawyers begin their careers with human capital and set a personal and family characteristics gender 0 Summary 0 Debates over meanings of profession I Autonomous community selfregulating functionalist I Occupational monopolies status inclusion and exclusion expertise but including to create demand knowledge must be institutionalized p 229 I Law and technology selfreproduction 0 Law as a profession I History I Establishing and protecting the profession control entry especially in the context of new threats Jews blacks different threats different periods I E g Bar Association Education Mentorship Jurisdiction I Changing admissions role of economics etc I Debates including monopolies selfregulation Sociology of Law Structure and organization of the profession Sutton s chart Hierarchy inclusion exclusion Conley and Baker Main Street and Wall Street 0 Contemporary Legal Practice Growth Diversity of practice Government with many subdivisions Corporate lawthe large law firm Niche mostly smaller law firms Solo practitioner Corporate counsel working for corporations and others including nonprofits Legal and nonlegal e g policy lobbying 0 Corporate Law 0 Sutton Megalawyering Galanter cited by Sutton Tournament of lawyers Galanter amp Palay cited by Conley and Baker Ultracompetitive Eat What You Kill Regan 2004 cited by Conley and Baker More internally diverse e g Jews but still exclusive esp re gender race connection to class law school origins etc Horizontal and Vertical Analysis Diversities of legal practice and horizontal organization of profession Vertical analysis of power in uence control etc in different parts of the legal profession Hagan Huxter and Parker 1988 cited in Sutton owners and workers but more Authority Decisionmaking Autonomy Hierarchical position Elite versus nonelite status 0 Lessons from a civil action Conley and Baker Smigel s foresight of large firms 0 His prediction of more business like behavior branch offices systems etc 0 Strong impact on associates recruited more and payed more 0 Galanter and Palay claim about the disappearance of gender bias in large firms Sociology of Law 0 Michael Kelly interviewed people on various kinds of practices I He discovered that two reactions or storys one accepting one critical have emerged as explanations of these changes in legal profession 0 Both stories focused on big firms 0 One story about emergence of toptier firms and great leaders the other of the greed and decline in values and the degeneration of firms into mere businesses 0 Most of Conley s largefirm informants rated a declining quality of life as the single biggest challenge facing the profession I Stressed the impact gender bias can have on women I Improved but still troubled I Merger f large firms into larger multinational entities the growing and sometimes extreme specialization in individual lawyers I Participant s rated a declining quality of life as the single biggest challenge facing the profesion I Disproportionate impact that gender bias may have on the amount of pressure in women 0 Gellene Case by Regan I Represented a large company in corporate bankruptcy I Failed to disclose that Milbank lawyers gad represented parties that were potentially adverse to the company I Legal ethicist Regan wanted to know why Gallene has risked all they had by failing to make a disclosure how to prevent such changes in future I Pressure of lawfirm competition led him to brush aside tasks that were significant I Afraid pressure disqualification fear I Becomes an eipotome of all that has changed for the worse in Wall Street practice 0 Small Firms 0 Seron focused on individuals dealing with demands of being a practicing lawyer I Structural factors as economic forces needs of client I These lawyers it hard to respond to pressures most in small businesses strived for a slice of a more competitive pie I Came to law as a matter of choice I Professional responsibility a challenge I Major concern delivering a professional service in an economic envt I Replied coping being honest patient Law School Matrix Sturm and Guinier Sociology of Law 0 Law School 0 Public Service I Challenge Status Quo I Ex Public defender I Ex Prosecutor O Uphold rule of law 0 0 How does law school mold you How does the legal profession mold them 0 Law School as a Matrix 0 Sturm and Guinier 2007 I Offer these impositionsboxes into which people are fitted in certain ways I Not exclusive to law school I Foster a culture of competition and conformity 0 Competition breaking away from the crown and being a victim I Contrary to conformity 0 Both are achieved through 0 There is a way of teaching a pedagogy that instills how you need to do things as well as status hierarchies and assumptions of the correct way to comport yourself 0 They focus on Socratic methods 0 Through questions and answers I Case law case law method 0 Getting it two meanings 0 Thinking like a lawyer case method Langdell Socratic Seminar I Confident enough to represent your client but deferential enough to speak to judge 0 Success External rewards recalls the status hierarchies of high school where adolescents compete to conform pg 523 I Argues the hierarchical relationship where teacher is source of power and expertise is underscored in the law school classroom 0 Stated and unstated cultures I Ex Equality versus sexism racism or other hierarchies of exclusion 0 Looking at law school through the lenses of sociologists anthropologists and others 0 Multiple meanings and kind of matrixes I What sustains the cultural matrix Sociology of Law 0 Con ict expertise segmentation incentiveevaluation 0 Compare what is to some of their imagined possibilities 0 Con ict O Comes from different interpretations of a case I Legal thinking in terms of competing interpretive auctions 0 Competition among law school I For professors attention for best grades 0 Adversarial approach and method 0 Built into legal education in all sorts of ways I In the ways we choose to think like lawyers I Competitive in terms of every student feeling those around you could be a competitor in status hierarchy 0 They argue it does inadequately prepare students for any area of law Culture of competition to distinguish yourself but on the other hand be indistinguishable from a particular kind of product I Like law school 0 0 Law school reform is in the air Langdell s ways fail to teach students how to think like a lawyer in the ways they should 0 Over emphasizes adjudication and 0 Little to do with what lawyers do and with all dimensions and discounts all the capacities lawyers need in this world 0 Large classroom setting fails to foster legal imagination 0 Law student disengagement for women and colored people 0 Law student embark on a journey of collective learning 0 Process is destabilizing invites students to not question follow rules read structurally etc 0 First year students have educational mastery and ultimate success 0 Getting it process through which students learn to think like a lawyer 39 Cognitive process through which students begin to understand and internalize the distinctive ways lawyers analyze problems 39 Determining what is significant 0 Think like a lawyer I In law school the process of getting it is collective and public 0 Same classes exams 0 Competition against each other in uniform metric Collective and formalized activity is part of what constitutes a culture Sociology of Law 0 Law student absorb this culture through osmosis techniques norms rituals rules of the game habits of thinking mental models that frame how people interpret 0 Legal culture shapes lawyers modes of thought language selfimage as professionals 0 Culture norms and understandings of acceptable and desirable practice 0 Cultural markers more like directional signals through repetition etc 0 This culture makes law school feel like a world unto itself for some it s a culture others a game 39 Second meaning reaping the rewards of being successful 0 thinking like a one size fits al metrics of success Good grades reviews opinions 0 Achieved through a highly public set of common rituals 0 Encourages students to form heir sense of selves and success in terms of how well they do in al rituals and performance of competition Measure their own worth through competition Compete to conform 0 Learning defined by how they collectively define What it means to succeed in law OReformers seek to broaden students conceptions of What it means to get it in law school 0 Seek to expand students understanding of What law is to move beyond adjudication and courtroom to other forms of knowledge 0 Get it in terms of content of law and lawyering 0 Most of these reformers do not deal with the incentive and evaluation structures that maintain this culture 39 As a result the culture of competition and conformity is in tension with the goals and operation of many of the reform effort 0Elements constituting a culture of competition and conformity 0 Culture Is constituted by the ways con ict is understood and practiced Within the classroom and the larger institutional environment 39 Reinforced by the notions of expertise Matrix 0 Elements combine to form matrix 0 Many meanings elements that fit into the Whole looking at larger environment through smaller samples Sociology of Law 0 Competition and conformity are reinforced by these uniform and narrow metrics of success for students faculty and law schools in which the emphasis is on rank ordering through collective competition 0 Features that sustain this matrix 0 1 the form of con ict built into classroom structure and the law school environment Law is presented as the resolution of con ict in formal settings through application of rules backed by sanctions Socialization experience adversarial process 0 Winners and losers Classroom mirrors formal idea of con ict Professor conveys ideas and messages related for them to master and then the professor s Socratic dialogue privileges at particular style of interaction Adversary frame is also embedded in evaluation system 0 Reinforces the culture of competition 0 2 The idea of expertise re ected in the dominant discourse Law school culture also manifests itself in the model of expertise that is built in relationships among faculty students and practitioners Teacher creates a professional environment in which aspiring lawyers acquire methods Premise of mastery and legitimacy Who has the power and What it means to have power The issues and challenges students will face in practice may never be addressed in classroom Legal practitioners operate in a different world The role of expertise by the Socratic professor in uences how law school organize and allocate teaching responsibility Learning interactions as those mediated by professors in and outside classroom Law school teaches expertise through individual interpretation and analysis as a result law schools communicate a relatively narrow idea of professionalism and law 0 3 segmentation of the intellectual professional personal dimensions of learning many professors don t communicate with students how their academic work relates to their professional aspirations law schools assign professional mentoring to administrators Sociology of Law 39 Formation of students professional identities and personal values is disaggregated from the academic process 39 No outclass opportunities to connecting academic to professional direction 39 They are not invited or required to make sens of what they are learning in relation to their values histories and personal qualities 0 4 Incentive structure and evaluation system driving decisions 39 The incentive and reward structure holds together the culture of competition and conformity 39 Placement in performance hierarchy 0Performance is embedded in a success narrative that constrains every aspect of law school activity 39 This selfreferential idea of excellence for its own sake remains isolated from the world within law which law schools operate I Measures of success defined by a comparative value 39 Professors role in rank ordering students also structures law school s relationship to the legal profession Conservative Lawyers and the Contest over the meaning of Public Interest Law Southworth Examines how conservative and libertarian lawyers created a field of legal advocacy organization in the image of public interest organizations of the political left and how they adapted the model and rhetoric of public interest law practice to serve different political ends They developed advocates and deployed nonprofit legal advocacy org to modify conventions of the unconventional form of politics Public Interest Law 0 1960 s liberal causes A study of how conservative and libertarian lawyers 0 Created field of conservative legal advocacy org 0 competition over meaning of public interest law Legal advocacy and PILFs 0 Public interest law I Related to public service law I Narrow segment within public interest law I Broad fields probono helping individuals social andor legislative change 0 Public Interest Law firms I A subfield of public interest law I Political realm is not enough for social change 0 Historicallycommonly understood as liberal Sociology of Law I NAACP LDF ACLU etc 0 Note antecedents not only in 60s and 70s I Not only or necessarily I Southworth article 0 1960s and 1970s liberal moral activism through law implied andor stated critique of the legal profession O Takes us away of the wrong belief that public service is something that belongs to one or another 0 Goals include I Change law and or public agenda policymaking I Represent the unrepresented I What else 0 Established themselves as the unofficial check on power I Take on the role of what the press does as an outsider check that uses insider tools to figure out what is needed 0 Challenging certain laws upholding other laws 0 Happens in all sorts of forms 0 Represent an entrepreneurial spirit I Liberals AND conservatives 0 Creation of conservative advocacy groups to counter the in uence of liberal PILF I Conservative and libertarian lawyers established conservative public interest law org and competed for resources members and in uence 0 Changed the meaning of public interest law Golan and Orr 0 Federalist Society I Some central contradictions in the law I Universalism and particularism 0 Us and them and the US and the world but also other countries particularism 0 Tool of power tool of resistance 0 Golan amp Orr Lo 0 Conservative 0 Strengthening institutions to develop sophisticated agenda 0 Institution building 0 Centered on what are the best policies consistent with our ideologies and see what we want 0 Cant only look at electoral politics 0 How to use law as a means of social change 0 Before we have seen scholars talk about it from the level of individuals and corporations etc 0 How to use law as a means to policy changes broader arenas I Defining regulation etc Sociology of Law I Federalist Society 0 Coming out of the Warren court which is related to the due process revolution Initiative to take back judiciary and the legal profession More about broader institutions Established itself as a valued based organization While it is true that elections are held in all states the role of elections vary a lot between states 0 Takeaway Money is extremely important in regards to shaping who is on the court bench in terms of judges he focuses on state but so are ideas I Recognize the interaction of these factors that shape who gets to be a part of this 0 Approaches that are not unique to liberals or conservatives I Galan and Orr Reading 0 Shared features in common across various frameworks of thinking 0 What is unique to particular times and places 0 The reading offer insight into both 0 In the US there is a belief that there is something distinct that doesn t have parallels in other societies 0 Empirical reality that things we think of as unique are not so unique American law drawn on British Law I Issues of power 0000 I Consistent theme of looking at law as a tool of power and resistance 0 At different points it is going to be one or the other 0 Human rights and the law I Ginsburg video Post WWII law I Constitutional versus ordinary law I Human rights civil rights natural rights I Special cases 0 Level and divisions of law I Within the US local state federal I Within Israel Israel and Occupied territories I Internationally commitment to sovereignty countries can decide most things for themselves and universal human rights I Con icting goals of seeking to conform to define dominate and be separate from or opposed to other ex International or supranational legal orders I Legal pluralism I The idea of having multiple kinds of law coexisting at the same time 0 International AND domestic law 0 Debates within societies and states about what the law should be Sociology of Law I Idea that countries have a right to independent sovereignty but in the other hand have to abide by international law 0 In some it is not a choice 0 At a political level 0 Power of international law because of the con ict to reject distinguish yourself from be separate from international law I Golan and Orr O Israeli vs Arab I Difficulties Some key conceptsterms Legitimacy of international law Ideas of universality of human rights Translation I Localization vernacularization 0000 0 Connections between legal political translation and translation between languages I Vernacular common language local language that is spoken I Are part of framing I Vernacularization taking idea of translating level of language as well as ideas in ways that work with hegemonic O Israeli jurist that may be skeptical and put in terms of the vernacular that can appeal to both Israeli and Arabic 0 Triangulation I Take areas of connection rather than dissonance I Strategy 0 Depoliticize I Accept some local hegemonies while rejecting others I Reproduction versus challenge and change of status quo 0 Three strategies 0 Translation into legal discourse both Israeli and international esp next two slides 0 Individual aid I Moral dilemmas of activists I Languages and power 0 Importance of groups using their status to document their practices putting out to public arenas their framework of issues 0 Done by stripping away the political realm 0 Documentation and publication Sociology of Law I Legitimacy through being apolitical and neutral 0 Even if people come from different sides if you are using the law sooner or later you Will find yourselves on the same paths 0 Civil society and social movements 0 Lots of definitions 0 Civil society nonprofit voluntary grouping of people With a stated purpose 0 Not inherently big or small political or nonpolitical 0 May overlap With state or economy 0 Two major refugee stories 0 From Libya to Italy people from all over the world 0 Italy is a gateway major issues of clashes of law among other things 0 Countries own idea of sovereignty Freeing from starvation you don t have a case Fleeing from war you do have a case like in communist Cuba 0 Law and Social Change in the US and the World 0 Holzer 0 Cannot understand law from a national context only 0 Think about how people assert themselves both with and despite the law 0 From is the law used from the top and from the bottom How do power structures change through the role of law 0 Idea of being change agents Law is going to have to be used but you realize this is not enough 0 Have to look at law but if you only rely on law you will go nowhere Civil Society and Social Movements o Nonpro t voluntary grouping of people with a states purpose 0 Nothing inherent political about them 0 People that come together on a nonpro t and voluntary basis with a goal May overlap with state or economy Not inherently big or small political or nonpolitical 0 Building block of the kind of social change but some aren t successful or they remain in their narrow sense 0 Coming together for a bigger cause 0 Social Movement 0 quotsustained collective mobilizations for social change by civil society actors who use extra institutional routesquot 0 Sociology of Law 0 YES but Use of institutional and extrainstitutional methods Both institutional and extrainstitutional goals focus 0 Tend to be single issue focus on alliances o Politicization mobilization organization Politicization how do you translate those feelings of political constituents to make them aware But just having this awareness isn t enough because in order to change things you need to come together and mobilize with other people Mobilization meeting coming together with other people Organization 0 Need to have institutions to challenge institutions create new institutions Weber don t get anywhere without institutions 0 Need institutional machinery to make it possible need institutional machinery to challenge others Cant judge social movements by successes can have a successful one that didn t 0 Going Full Circle International law is both a Global local legislative 0 Examples Positive and negative rights 0 Rights the gvt Owns us positive rights 0 th s obligation to us 0 Protection from the government negative rights 0 What the gvt May not do to you 0 Types of law and typologies of law ex Soft law and hard law 0 Origins of human rights law Positive and negative rights 0 States and societies states versus societies Explaining change 0 Recognition of the role of law is legal consciousness o Coconstitutive relationships HR law and social movements 0 We cannot only understand change in a society from a top down and an downup o Sociology looks at social change from small group level families age groups religious Sociology of Law Looked at the small local level dynamic that let to interest group organizing US and the World 0 In uence versus requirement 0 Foreign Lawyers 0 Ghandi


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