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SOC 3490 (25)

law and society

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SOC 3490
Scott Brandon

January 232012 Law and SocietyTwo major approaches to the law1 Consensus society as stabley There should be no racism no sexism no discrimination in the lawy Consensus in society cause society to remain stabley There are common agreements on how the law should bey Well integrated societies shouldnt have a lot of conflict2 Conflict groups in conflicty Different groups in society are in conflict with each other ex womens rights activistsy Inequalities are present in social institutionsy Order is very unstable and is being challenged by different groups of people example protesting occupy movements etc The official version of law what the legal world would have us believe about The official version of lawitself is that it is an impartial neutral and objective system for resolving conflicto We have an idealized view of laws role in society and how it functionso Ngaire Naffine says this assumesy Everyone is subject to the lawno biasesy The law is just treating everyone the sameo Naffines critiquey The person subject to the law is not universal every person who goes through the court system is unique with different characteristics and does not experience the same things Not everyone can live up to the requirements placed on them by the law ex violations of probationy The law claims to be impartial and without bias are individuals really treated the same regardless of age gender race and other demographic characteristics There are actually a number of issues with the application of law and how they experience the legal systemFunctionalistso Accepts the Official Version of Lawo Law as a social fact its real you can observe the law catching up to individuals and punishing them o If people violate the criminal code they will be punishedo Functionalists dont question that the law exists they take it at face value They dont have a critical view of the lawo Crime is a lower class issue focus more on the lower class as being geared toward criminal behaviour
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