SOC 2167 Week 4: Feb 3
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This 2 page Class Notes was uploaded by -deleted-apierson on Friday February 6, 2015. The Class Notes belongs to SOC 2167 at a university taught by Dr. Buntman in Fall. Since its upload, it has received 174 views.
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Date Created: 02/06/15
DUDE 232015 222 PM Calavita Chapter 6 Sutton Chapter 1 Sutton Chapter 2 Sutton Chapter 3 Law is both shaped by society and shapes society In some ways this is incredibly frustratingll There39s no neat guide as to where law fits in Natural law says there was always a law regardless of whether or not we knew it It39s not just the fact of a law it39s what the Truth of the law is The Truth of the law is We have inalienable rights In practice however different ideas of natural law give different substances to it e different arguments of natural law are somewhat consistent with one another but also somewhat inconsistent That39s where sociology becomes important because sociology takes away the idea that law is somehow preexisting Durkheim crime and social organization We understand law through Durkheim by focusing on crime Durkheim says that crime allows the arousal and reaffirmation ofthe collective conscience ie crime is functional in reinforcing society Durkheim also writes about religion One of the things that we find common to society across time is the desire to believe in something sacred Not necessarily religious butjust something unquestionable Says law is one of the things we experience as sacred Marx had very little to say about law Most about we get from law and Marx is by Marxists rather Marx was mostly concerned with capitalism It39s more about economics than politics Surplus value is what humans create by work when we work for more than our replacement cost when we work for more than subsistence In a capitalist order that surplus value becomes profit Marx wanted to look at social change not what is but what could be That39s where his radicalism comes in Again we see Hegel and dialectics Contradiction and conflict as a driving force in social change Did believe that the past shapes the present One of Marx39s big arguments though was that capitalism is one of the biggest things that ever happened to human history because it got rid of the feudal period before it and allowed economic growth Advancement of human Sociology of Law Page 1 civilization was dependent on the rise of capitalism but cap has its own structural contradictions quotMaterialismquot economics The way we shape the economy and economic relationships shape everything else is a Marx argument Basesuperstructure model Superstructure Up arrow Down Arrow Relations of Production Means of Production Include social form and class structure Up arrow Forces of Production Tech Econ Focus ROP and FOP are the baseeconomy FOP what is the economy made up of ROP who owns the economy who benefits In contrast Marx says those fundamentals of the economy lead to an emergence of a whole architecture of social organization called the superstructure That39s government law religion culture etc When we look at how society is governed and the structure of government those are superstructural questions Ifyou want to understand power you ask who owns the means of production or the relations of production Sociology of Law Page 2
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