CRIM 332 Lecture : crim332_week8.docx
Document Summary
Functions of law: social control, dispute resolution, social change. Mediation: neutral 3rd party to guide. Arbitration: neutral 3rd party to decide. Adjudication: formal court decision of legally defined conflict, party has less say about the outcome but still legally bound. Power imbalances impact all modes of dispute resolution. Expansion of law s purview: charter challenge (law used to override parts of the law, impact of court decisions on informal dispute resolution. Cross-cultural comparisons: litigiousness may be cultural variable. Individuals and organizations in court (orgs tend to be more successful in court) Law and social change application law social change social needs. Advantages: legitimate authority (obeying law, the binding force of law, possibility of sanctions. Limitations: conflicts of interests, disagreement about role of law (one of many policy instruments, morality and values (affect efficacy of law to affect social change) Types of resistance to change: social resistance: Vested interest (those with vested interest will resist)