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LWSO201 - Law and Social Transformation_16.doc

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Law and Society
LWSO 201
Marywyatt Sindlinger

Law and Social Transformation 1) Social Change as cause of Legal Change 2) Legal Change as cause of Social Change a) Dror: law can be both a direct and indirect cause of social change b) Mayhew: law can result in an extension of both formal rights and formal facilities c) Friedman: law can cause or create social planning or social disruption 3) Efficacy of Law as Social Change: Factors a) Authoritative and prestigious source b) Introduce its rationale in terms that are understandable and compatible with existing values c) Reference to other communities with which identify and where law is already in place d) Aimed at making change in a relatively short time e) Commitment by those enforcing the law f) Positive and a negative sanctions g) Enforcement of law should be reasonable h) Information about the law and whether it is vague 4) Advantages of Law in Creating Social Change a) Legitimate Authority b) Binding Force of Law c) Sanctions 5) Limitations of Law in Creating Social Change a) Interest Convergence b) Insufficient on its own (law as a policy instrument) c) Morality and Values d) Resistance to Change e) Social Factors i) Vested Interests ii) Social Class iii) Ideological Resistance iv) Organized Opposition f) Psychological Factors i) Habit ii) Motivation iii) Ignorance iv) Selective Perception v) Moral Development g) Cultural Factors i) Fatalism ii) Ethnocentrism iii) Incompatibility iv) Superstition h) Economic Factors general information and definitions (book - Vago) - read for final exam • absolutely reciprocal (go hand in hand) • can't have one without the other this is not the accepted view, but there is two extreme laws: one - law is shaped by society • idea that law is a dependant variable • what the law is depends on social mores, opinion and customs • those things shape the law two - law is a tool to shape society • law as social engineering • China - one child policy • changes in society will come from the law • sometimes social views push the law (technology) • sometimes the law tries to drive social change (distracted driving) • problems with these laws - don't have a lot of social support - seem silly to people • to be effective: needs to be clear, with no gray • under what circumstances can social values effect changes in the law Social Change Causing Legal Changes • closer knit societies - law evolves more slowly • historically change was slow and happened over generations • societies were stable • today we have a more quickly changing society, because of the way we live - speed at which technology is advancing • changes in demographics - far more mobile people than they used to be • urbanization, communication, transportation, education • these things bring about changes in the law (law has to change to catch up) Law Changing Society • Dror - indirect or direct effect on social change • indirect - law shapes institutions of society which in turn have a direct impact on society • direct relationships b/w law and social change (evils of alcohol, drunk driving laws) • Mayhew - law can effect two types of change (results) • extension of formal rights - law grants a right/permission to one group and then changes to extend that right to a broader group (voting for men first and then extended to women) • a way of redefining the normative order - law is changing the behaviour of society by giving more
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