SOC323H5 Lecture Notes - Lecture 3: Collective Consciousness, Capital Accumulation, Legal Realism
Document Summary
The study of law and society looks at multiple disciplines with a shared interest in addressing issues concerned with the roles that the law plays in a societal context. In studying the sociology of law, we begin with the founding theorists: marx, durkheim and weber. In law school, studies often begin with an overview of natural law, legal positivism and legal realism. How do these different theories and perspectives explain the relationship between law and society. The law in the modern legal system is seen as consisting of uniform rules applied equally to all, emphasizing rights and obligations. It is seen as being universalistic, bureaucratic, hierarchal, rational and instrumental. The law in the modern legal system is run by trained professionals, it is seen as having a monopoly over coercion and resolving disputes. It is also seen as separating power into legislative, executive and judicial branches and employing the rule of law.
