Class Notes (1,100,000)
CA (650,000)
MacEwan (2,000)
SOCI (200)
Hay (20)
Lecture 4

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

Course Code

This preview shows half of the first page. to view the full 3 pages of the document.
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
-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
find more resources at
find more resources at
You're Reading a Preview

Unlock to view full version