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SOC 2167 Week 3: Jan 27-29

by: -deleted-apierson

SOC 2167 Week 3: Jan 27-29 SOC 2167

Marketplace > Sociology > SOC 2167 > SOC 2167 Week 3 Jan 27 29

GPA 3.14
Sociology of Law
Dr. Buntman

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Sociology of Law
Dr. Buntman
Class Notes
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This 5 page Class Notes was uploaded by -deleted-apierson on Saturday January 31, 2015. The Class Notes belongs to SOC 2167 at a university taught by Dr. Buntman in Fall. Since its upload, it has received 167 views.

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Date Created: 01/31/15
1272015 210 PM Calavita Chapter 1 D Sutton Chapter 1 quotG quot 3 Law is notjust about how we might understand it in the US context the time location and type of law all matter Law is not a passive thing that you can simply get or take throw away or acquire It is a contested arena One of the things we saw was that Holzer was arguing that whatever minimal rights refugees had they took those rights to expand on them by processes of legal and political mobilization Law is not static What is law What are some of the competing definitions of law Three ways to view law 1 Law as the rule 2 Law as morals 3 Law as a game 1 Law as the Rule Idealized law versus law in our class It39s quotinside the boxquot according to Calavita The law school version quota closed system of rules and principlesquot Rodgers v American Airlines looking inside the box we see that law protects against gender discrimination and racial discrimination But not gender and racial discrimination A jurisprudential view of law holds that there is a clear cut answer in law Not all lawyers are going to agree however But it holds a confidence of quotwe know what the law isquot and it is clear Examples ofjurisprudential view of law 39 Spe d l39m39t k These are all measurable o EnVIronmentalstandards for cars Researchable Clearcut Theft Common knowledge Killing maliciously Food regulations 2 Law as Morals quotLaw andjustice are distant cousins and here in apartheid South Africa they re not on speaking terms at a A Dry White Season This quote is from a sociological perspective 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 Here Sociology of Law Page 1 the outcome is more important than the process It39s not about the journey 3 Law as a Game Law as a game Sutton There are rituals rules set procedures It39s a nonviolent way to resolve disagreements Winners have the best knowledge strategy etc It39s not about who39s quotrightquot or quotmorallyjustquot Legal positivism it is amoral as opposed to immoral as long as you play by the rules the outcome is fine whatever it is The rules are what is sacred and what make the system legitimate fair and right NOT the actual decisions made In this case the quotisquot is more important than the quotoughtquot Law in this class who gets to decide what39s in the box What39s at the top of the box Who gets to pull from the box Those are issues of politics and sociology which is how we will focus on law in this class We cannot understand law in a vacuum We will see law as a social construction law and power law and social change etc The sociology of law is looking at how people relate to the law It looks at how do people in different contexts and different places understand their relationship to the law what do they owe to the law what power do they have over the law etc In some ways that might be one of the greatest divisions of people do you control the law or does the law control you We will study law as a behavioral system there are roles a hierarchy and is the subject of discretion largely Some key questions we ask 0 WHY law 0 HOW does law come to be 0 WHAT is law 0 What does the law DO 0 What is the BASIS of claims about law Sociology of Law Page 2 1292015 227 PM D Calavita Chapter 2 D Sutton Chapter 2 Part of what we39ll do is separate the legal perspective and the sociological perspective In Brown we obviously have the legal side but we also have sociology the Cold War Movies WWII the Civil Rights Movement The legal and sociological sides interact with each other in all kinds of ways Law is seen both as something that is explained by society and helps explain society What we want to understand is the various different theorists39 understanding of why law matters Trying to understand the nature of society It39s a bigger question than the case study This is a question that tries to answer human history when did humans invent law When did laws shape humanity Laws are theories intellectual constructs The first sociological law theory that we39ll look at is Natural Law It39s a connection to the question ofjustice Suggests there are inherent truths that act outside of time place context etc Think Declaration of Independence quotWe hold these truths to be self evident that all men are created equalquot that39s a natural argument These truths are transhistoric We see these arguments most often in religious terms it39s because God or someone else gave these rights It can also be secular and be offered in terms of nature or human evolution In essence believes universal and transcendent moral principles that are the basis of ethics norms and laws Want to protect these principles via laws Positive law 2 written law Henry Maine 1822 1888 believes that law is shaped by a society39s history and associational form Offers us a way to try and understand the place of law in society How people relate to and with each other will shape law Are the feudal Are they democratic What39s the division of labor What39s the relationship between families and the sexes Communities Argued that there were three stages of history and the primary fact that he wanted to emphasize that helps change the way people think about themselves in relation to others and the law he saw history as a movement of human identity and being defined as something that was imposed upon you your status into a place where there is equality and you can choose your path via contractual relationships Movement form imposed Sociology of Law Page 3 or ascribed status in extended family or in economic structure to individual autonomy and therefore voluntary ability to make contracts lodern law then recognizes the legal equality of all without reference to status including right and necessity to freely enter into contracts Methodology ideology impact Believes that anybody who can write or sign a contract is equal to others WHEN YOU THINK quotCONTRACTquot THINK quotLAWquot laine believes that all of society and functioning hinges on law He also chooses to ignore classism and racism Emile Durkheim 18581917 begins with the starting point of understanding societies by saying that all societies have values and therefore are moral Not about quotmoralquot in good but as in it is based on morals He says values are the glue that keep us together Believes values need something to be glue though Laws help those values stick Law expresses and transmits values Even when the law is broken it helps speak to the credibility and the bonding dimension of those values Wrongdoing helps in community definition by defining the boundaries of society and its norms Violating law can be helpful in bringing forth questions which could in turn foster reform Durkheim argues that in our contemporary society we have a high level of division of labor That division of labor means that in our society we need to rely on each other a lot and we feel very kindly toward one another One of the ways we cement and protect these values and the demand for people to keep up these values is through law We need law to make sure that if we fall away from being nice law is a safety net Values follow our material conditions and survival needs Durkheim was empirically wrong here but whatever Social facts are a way of saying different kinds of realities both physical and abstract realities FACT concrete and empirical Just means a way of understanding They39re not necessarily right or wrong Also think of them as norms Think Gramsci different societies take different things for granted What some people might think of as common sense in one society may not be common sense in another society Durkheim and Law law is quota product of changing morality driven by the division of laborquot quotLaw is a social fact that represents the collective consciencequot Law symbolizes social solidarity and connectedness It39s because we all need each other that our value system is based on rehabilitation and punishes people being cruel toward one another Public opinion ie informal law is greater than formal rules to control behavior Sociology of Law Page 4 This is true in some communities Schwartz says formal law emerges where informal law is not strong enough Durkheim and crime crime is always going to exist and coexist with other facts that say it39s wrong Durkheim emphasized the link between crime and the collective conscience Crime will always evoke punishment Sociology of Law Page 5


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