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Lecture 7

SOC323-Lecture 7.docx

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Reza Barmaki

SOC323-Lecture 7 March 4, 2013 Anthropologists  Two main theories about social change:  Diffusionism-something happened, Canadians invent something helps people in Africa  Unilinealism-there is a line Diffusionism  Dispersal:  Spread from one place to another over time  Ideas, technology…  Methods of diffusion:  Wars, commerce, stealing, imitation….  Example: 18 as the legal age of adulthood  Cultures are receptive:  No local solution for new problems  Adaptation: to changes in other areas  Result in change in other areas Unilinealism  Change as social evolution  Cumulative change over time  There is underlying order  Directional:  Simple to complex  Primitive to civilize  Lower to higher  Law reflects/result of these changes  The underlying order:  A) Is more fundamental  B) Can be discovered Sociology  Close to anthropology  “Spirit of the time”: unilinealism  Theoretical Goal:  To be a science  Science: underlying order  Practical Goals:  1) Establishment of sociology as a “science” taught in universities  2) Reform/Revolution  3) Provided “hard” Ideological Justification:  Colonialism, social domination Social Evolution  Henry Main  Primitive/feudal/modern  Community to individual  Law: status to rights  Herbert Spencer:  Militant/Industrial  Warrior privilege to rights (contract)  Emile Durkheim:  Mechanical/organic  Punitive/restitutive  Karl Marx:  Primitive/feudal/modern class  No property (laws)/complex property laws Contemporary Theory  Functionalism:  Simple to complex  Positive law integration of increasing complexity  In accordance: fundamental values  Pluralistic Conflict Theory:  Simple unity to complex diversity  Modern society: competing interest groups  Law reflects the result of power/wealth struggle  Critical legal theory (CLT)  Law affected by social forces (economy, politics…)  Reflects dominant values and interests  Legitimizes status quo, outlaws, opposition  Critical Race Theory  CLT + Race The Legal Point of View  “Legal Realism”  Legal Instrumentalism  Law should be used as a tool  A) Achieve social purposes  B) Balance competing interests  How to bring about new laws:?  Litigation: Using courts to bring about social change  Electorate Politics  Why social change through law important?  Could be the only way  Legitimacy  Long-term institutionalization  Binding (legal consequences)  Other ways:  Social movements, scholarship… Natural Rights  Given by nature  Self-evident & universal  Note effected by “human will”  A) No need fore creating them through legislation  B) Not stopped by governments, cultures..  Should be the basis of positive law  Declaration of independence  “we hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable Rights that among these are Life, Liberty and the pursuit of Happiness”  M.L. King  “we’ve come to o
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