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Carleton University
LAWS 1000

LAWNOTES20121029Week 2How we know the law PT 1LAWS1000BSept 13 How we know the Law I W2II COMPETING ORDERS LAWS POLITICS AND MORALITYIES VagoNelson pgs 1624Functions of LawSocial controlFormal social control is characterized by explicit rules of conductplanned use of sanctions to support the rulesand designated officials to interpret and enforce the rules and often make themLaw is a form of formal controlDispute SettlementEnables through the courts mediation of courts issues involving negation mediations forcible selfhelp ect Social ChangeA means of inducing change in society Changes can be guided and supported by lawDysfunctions of LawActs in the interest of predictability and continuity which effects changing lawsCourts must act as agents of the status quoLaw can be black and white meaning one way or another without considering motives behind crimes Sometimes the law allows for innocent people to be convicted of crimes and for guilty no conviction innocent until proven guilty Laws can be out of date to the current timesParadigms of SocietySociological perspectives of law are based on usually one of two key perspectives These perspectives are called consensus and conflict perspectivesThe consensus perspective is defined as the needless struggle among individuals and groups who have not yet attained sufficient understanding of their common interests and basic interdependencepg 19 of the textbook the consensus viewpoint is that the law is for the people and should serve the common interests of social groups and mediate conflicting interestsThe conflict perspective is defined as where the law is used to maintain power and serves those who are powerful and their interest of the set norms and values The conflict perspective takes the position that law is a weapon in social conflictsConsensus and conflict perspectives are classified as ideal types This is defined as abstract concepts used to describe essential features of a phenomenonpg 21 of the textbook The Roles of a Sociologist in LawProvide instructional text for students and people interested in lawSynthesize materialUnderstanding social behavior Chapter 1 Summary is pg 2324 of the textbookWHY IS THIS IMPORTANTPerspectives of law provide us with a way not only to understand the law as it is but also as it ought to beReveal understanding about the way societies are consitutedmirror Help reveal existing hierarchies in societies and also the way societies are help togetherPerspective helps us answer questions such as Is law necessaryWhat is lawHow does law workWho are the subjects of lawWho makes the lawWhat is the lawanswers questionsIs law necessaryneeded in society or is social punishment enoughAnswer is yes or else it would be archaicWho are the makers of law and for what purposeWhat is law isnt a neutral toolWhat does law affect some examples MarriageDivorcePublic safetyConductAgreement and material assetsBoundaries of public properties and private propertiesUpholding contracts Preserve orderLaw effects our actions and decisions NOTESFormal legal systemcourts judges lawyers and law enforcement agenciesHomogeneitythe quality of being of the same or a similar nature or the quality of having a uniform appearance or compositionEncarta DictionaryHeterogeneitythe diverse nature of somethingEncarta DictionaryThe paradox is that the more civilized man becomes the greater is mans need for law and the more law he creates Law is but a response to social needsHoebel 1954292 pg2 of textbookWhat is sociology and law concerned withSome examplesNormsrules that dictate appropriate behavior for people in situationsStudy of conflict and conflict resolutionFormal contract agreementsPower arrangementsHuman rightsMechanisms of social controlNOTESSociological jurisprudencethe study of law and legal philosophy and the use of its ideas in law to regulate conductLegal citationsreferences to the date volume and page number of legal publications where precedents can be found Pg 5 of textbookLaw and SociologyHow do their position and conducts differ What is the position of Law Some examples and notesLawyers are advocates emphasizing on one side of situations vsSociologists have consider all evidence and enter with open mindsLaw dictates how people behave vs sociology is focused on the why involved instead of the howLaw is clearer cut in the way that it focuses on truth and false For example it either happened or did not happenThe law is valid or Laws validity does not depend on conduct If you broke a contract or law the reasoning behind the behavior does not change the law itself even if it changes the consequence Law focuses on the specifics rather than the generalsIn the perspective of law a defendant or victim either wins or loses there is a decision made Sociology is more concerned with future effects of choices and consequence
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