Sociology 2266A/B Lecture Notes - Lecture 2: Common Law, Restorative Justice, Social Constructionism
22 Sep 2016
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Self-restraint (everyone knew what you were doing can"t harm unity of group) Gemeinschaft (human beings united despite all differences/separating factors) Stratification, no one had more than anyone else, resources distributed. Acephalone (without a head no higher position) Elders or advisors, but not binding, and had no power over the group. No formal justice system didn"t need it, because crime didn"t exist. Major goal: if argument, restoration of harmonious relationship. Disputes solved face to face and ruled without adjudicator or ask elder to mediate (but still not binding) If altercation, or small crimes there were self or kin-based redress. If too harsh, considered wrong: shaming ritual, public criticism, temporary ostracism, blood feuds (fight to death) Families can also fight: reprisal killing: kill someone because of what they have done, fines: in the early days, took away your food for the day. Injured party would ask advisor to come in. State emerged in agricultural society, and they represented interest of powerful.
