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Lecture 4

SOCI-225 Lecture Notes - Lecture 4: Industrial Revolution, Restorative Justice, Corporate Action


Department
Sociology
Course Code
SOCI-225
Professor
Hay
Lecture
4

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Modern state system:
-began with land based feudalism: a central farm was owned by a landlord and small farmers were
bonded to the land to work as serfs (labourers); right to use the land comes with fees and collections
but also granted protection.
-in early feudalism there was no central power; individual responsibility emphasized over
collective responsibility
-body of law slowly develops and trial by ordeal: ie having to walk on hot coals as a means to
establish guilt or innocence
-feudalism declines with rise of cities and towns, power becomes centralized to monarchy
-Norman invasion leads to William the Conquerer declaring himself supreme landlord of England;
kingships develop to oversee lords, and a further hierarchy develops
-Norman kings saw a crime as a harm against the state because it affected peace: criminal law becomes
a reality when the Crown begins to claim harm
-central king replaces lord as source of authority and royal writs and common law emerges.
-common law: found in feudal England, king resolves dispute according to custom; which was
recognized throughout the country. Family and kinship no longer involved in law ; growth of trade will
result in decline of feudal system and cities will emerge
-coalition of merchants and monarchs: William created a state apparatus y making nobles swear loyalty
to him
-offered merchants land in exchange for funds to serve the crown when feudal tax system began
to break down; parliament begins to control taxation and is staffed by the bourgeois class: the capitalist
or ruling class
-acts used to compel people to stop feudal practices with punishment for failure to do so being
death
-groth of akig,oey, Carrier’s Case: las of theft eed to e redefied to ilude a
responsibility of those who transport the goods (international trade)
-commerce and contracts: led by the industrial revolution, trade agreements needed enforcement; legal
contracts became the dominant form of economic and legal control
-Tonnies argues that modern society came to exist as an enforcement of contracts and law
profession develops
-Crown put their power behind merchant laws and enforcement in exchange for taxes (laws often
increased their wealth and power); role of kinship and custom fully eroded
-consolidating bourgeois ascendance: contracts in merchant law were enforced by merchant and
chancery courts; bourgeois wanted to be less dependant on king
-common lawyers made effort to make their court receptive to bourgeois; attempt to
evadecrown control by going through common law, not monarchial court
-merchant class gains power; parliament controls tax revenues to limit kings control over trade.
Civial war reduces the conflict and gives the monarch less power
Current law and practices:
-consensus: there is a general consensus about certain laws, and what constitutes a serious crime
-interest groups: influences research on law; Chambliss showed how different group interests influence
the content of law
Ie moral entrepreneurs such as the child-savers movement, youth offender acts created
by interest groups
-Graham analyzed amphetamine control in the USA which under the control of powerful drug
companies and less so actual law and government bodies
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