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SOC 2167 Week 5: Feb 19

by: -deleted-apierson

SOC 2167 Week 5: Feb 19 SOC 2167

Marketplace > Sociology > SOC 2167 > SOC 2167 Week 5 Feb 19

GPA 3.14
Sociology of Law
Dr. Buntman

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Sociology of Law
Dr. Buntman
Class Notes
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This 2 page Class Notes was uploaded by -deleted-apierson on Thursday February 19, 2015. The Class Notes belongs to SOC 2167 at a university taught by Dr. Buntman in Fall. Since its upload, it has received 145 views.


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Date Created: 02/19/15
DEED 2192015 228 PM Sutton Chapter 1 Sutton Chapter 2 Sutton Chapter 3 Sutton Chapter4 Weber tries to see if he can learn from history and see how different societies organize themselves through the lens of history He saw leaders as being there as a function of their personality The critical type of authority is rational authority We realize that the basis on which society is ordered is according to a set of rules law and those rules tend to be codified in terms of law It can be law at the big level in terms of constitutions etc but also law in terms of how you run institutions There are systems that must be followed Weber argues that comes from the way we organize our society We tend to use the term quotrationalquot as a neutral term but more often in a positive term Weber meant that too The more complicated our society is in these complicated structures the more clarity we need on how they39re organized Clarity ie ruleslaws While you have the necessity of those rules you still may have the exact opposite effect The rules are supposed to make things clearer Being obsessed with the rules may mean that you lose sight of the big picture That concept is called quotthe iron cage of modernityquot or quotthe iron cage of rationalityquot that we can become so rule driven that we forget the point of the rules Weber is concerned with the state There is a tension between substance and intent Weber came up with the idea of bureaucracy It was not meant to be pejorative or negative It was supposed to be somewhere between an empirical reality and a desirable empirical reality We need methods and processes and rules We can39t just have everyone doing their own thing However he did imagine that it would become negative Bureaucracy will be linked with the iron cage of rationality Weber saw both the needs of rules and processes and also the potential for bureaucracy to become a driver in its own right Weber also was more of an institution person thinking wise Sociology of Law Page 1 Weber is interested in broad structures that shape the institutions as opposed to the internal functions of what39s formally there Just like how Marx and Gramsci are interested in why people follow the rules so is Weber He wasn39t as concerned about the state as he was about the emergence of large businesses and the need for governance in that sense Weber39s domination how is power exercised He39s not using it as equal to the word hegemony because Weber allows for the idea that domination could be through coercion or consent or some combination of those terms The POWER in domination it39s the ability to exercise will over another The probability that one actor within a social relationship will be in a position to carry out his own will despite resistance One of the things we see is power is always going to be about a relational dynamic It39s always going to exist between or among more than one party Power can and will change You must always be changing yourself to keep power You might need to do new things to keep the people happy whether that39s exercising power through supression and violence or consent Power is not stable Authority in domination Different ways of exercising power coercion authority true choice You could have power that reflects true choice but probably not Power is usually through coercion Power is exercised THROUGH authority Authority is when a follower obeys as if the follower wanted to obey because of the merit of the authority figure obedience rather than necessarily true acceptance Weber does not anticipate that you39re ever going to get a situation with perfect authority in that you always have people believe in a particular leadership In that sense he recognizes that all leaders have to constantly strive to achieve legitimacy and authority on the basis of accepting the rightful place of the leader to take those steps It39s all about the legitimacy of the steps Despite the fact that Weber doesn39t have illusions about the fact4 that you39re always going to have legitimacy he does say that legitimacy is the most stable way to govern The best way to have maximum effect is not through bribery or threats but through people believing in your rightful authority Sociology of Law Page 2


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