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Lecture

LWSO201 - Law and Social Transformation.doc

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Department
Law and Society
Course
LWSO 201
Professor
Marywyatt Sindlinger
Semester
Fall

Description
Law and Social Transformation 1) Social Change as cause of Legal Change a) Law is shaped by society • law is dependent on society • social ideas shape and determine what the law is b) Law is a tool that shapes society • law as social engineering e.g. one child policy in china • Soviet Union laws 2) Problems • They do not have social support • vagueness of the law e.g. grey area • under what circumstances can the law affect social change and vice versa 3) Legal Change as cause of Social Change • society is changing faster recently because of technology advancement • urbanization and change in communication transportation, education etc a) Dror: law can be both a direct and indirect cause of social change • indirect: law shapes institutions in society • Direct: direct relationship between the law and social change. e.g. prohibition, drunk driving etc b) Mayhew: law can result in an extension of both formal rights and formal facilities • Rights: law grants rights to a specific group of people in society and then changing it to include others e.g. women's right to vote • Facilities: creating more opportunities within a legal framework e.g. creation of small claims Courts c) Friedman: law can cause or create social planning or social disruption • law can create new forms of behaviours or structure • blocking existing social
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