Thursday, January 26, 2017
Paradigms in Society
- Two Approaches to the Study of Law and Society
- Consensus Perspective
- Conﬂict Perspective
- Law exists to maintain order and stability and societal integration
- Grounded in functionalism
- Durkheim— concerned with social solidarity (how is society held together)
- in his opinion law held societies values and it can tell you the level of solidarity
- he set forward legal development by saying law could measure level solidarity in
- Law is a measure of the type of solidarity in a society:
- Mechanical Solidarity
- simple and homogenous societies
- Organic Solidarity
- characteristic of more modern and heterogenous and diverse societies.
- Repressive Law(in mechanic solidarity.) vs. Restitutive Law (in organic solidarity)
- analogy: bunch of stacked cans, each as a purpose and function. and if you pull one
out the rest fall down. so if bottom can is law and you pull it out it all falls down and
society falls apart.
1 Thursday, January 26, 2017
video(kids in solitary confinement video called alone)- discussion
- how would Durkheim explain solidarity conﬁnement?
- a criticism of his theory is that people can be heterogenous but have repressive
would this represent a homogenous or heterogenous society?
- New York is heterogenous so you'd expect organic solidarity
- the jail falls under repressive law when it comes to solitary conﬁnement
- but it is still heterogenous in some way they don't have similar values but the
US is repressive in the jails.
- are there common or conﬂicting norms, values, and beliefs? what are they?
- the different groups have different beliefs so it is heterogenous
Law is an instrument of oppression
law is used to the beneﬁt of certain groups (especially those who are in power)
- Societies become
• More complex and certain groups will get more power.