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Western University
Sociology 2260A/B
Daphne Heywood

Class 7/8: Durkheim Articles: a. Face veils banned for Canadian citizen ship oaths b. Schools in France can’t wear religious items (veils, Jewish hats, big crosses)  Laicaite c. Torture techniques – is there a law against them R V. Brown - 3 young black men held 20 people at gunpoint - Severely wounded a white female and escaped by car - Media reports suggested a ‘social crisis’ that provoked reactions - Public reactions to crime can bring a community closer together and reinforce social norms Social Solidarity: collective life determines individual conduct  Law is a visible symbol to measure Collective Conscience: shared moral values Individual Consciousness: people ‘associate together’ and ‘apply a mutual effect upon one another Science of Sociology: the moral frameworks that arise from and shape various kinds of social interaction  Empirically analyzing social facts  Actions may be strengthened into a collective force greater than the individual (national anthem) 12) Social facts – Ways of acting, thinking and feeling, external to the individual, and endowed with the power of coercion, by reason of which they control him”  Guides and controls of conduct  Norms, mores, folkways, laws, crime, etc  **Societies should be studied through social facts**  Laws are social facts because they exert power over individuals' beliefs, forms of consciousness, behavior and cannot be modified by individuals' actions or changes in their beliefs, consciousness, and attitudes. Moral individualism - The value system Durkheim argues must be the foundation of all law in modern complex Western societies - Torture is incompatible with moral individualism - Universal respect for the equal human dignity and autonomy of every member of society - Most important moral principle is expressed in law Contradiction Increased individualism and collective value system within the division of labor 14 &15) Mechanical Solidarity - Homogeneous societies where people engage in similar tasks - Religion and law work together - Early, traditional societies - Types of law: Repressive law (penal, criminal)  Strong collective conscious  Individual is punished  Used to protect / reaffirm collective conscience Organic Solidarity - Brought on by division of labor - Specialized roles and more dissimilar experiences - Advanced, modern societies - Type of law: Restitutive law (civil, admin, procedural)  Restore status quo or normal state using administrative agents Social Justice - Improve the structural inequities that generate the problems by the forced division of labor - Nelson Mandela - Apartheid: social and political policy of racial segregation and discrimination enforced by white minority governments in South Africa from 1948 to 1994 17) Anomie: condition of relative normlessness in a whole society or in one of its component groups  Breakdown of social regulations  Modernization/industrialization  Social mobility ____________________________________________________________________________________________________ Class 10: Weber’s Definition of Law – “An order will be called law if it is externally guaranteed by the probability that coercion, to bring about conformity or avenge violation, will be applied by a staff of people holding themselves specially ready for that purpose”  Value-free  Historically situated social action Verstehen: interpretive methods sociology uses to explain social behaviors Social Action: behaviors and meanings that take account of others Ideal-types (pure types): enable precise, conceptual and value-free analyses of social action; heuristic (experience based) creations; formed from characteristics and elements of the given phenomena, but it is not meant to correspond to all of the characteristics of any one particular case; abstract idea Types of social action 1. Traditional social action (customs) 2. Affective social action (emotions) 3. Value- rational action (intrinsic value of ethics, religion) 4. Instrumentally rational action (do it for a reason; means to an end) Types of Legitimate Authority 1. Charismatic (personal qualities of leadership)  Hitler, Osama Bin Laden, Mother Theresa 2. Traditional (existing traditions)  Patriachalism, feudalism, Pope 3. Rational-legal (right of those empowered to exercise authority)  Bureaucracy, legal system 19) Formal Legal Systems: rules and procedures confined within the legal system and not influenced by external factors - Formally irrational  early stages of English Common Law - Formally Rational  emerges out of Roman Law  Empirical type – facts are found outside law  Logically rational type – come from ideas that are religious, political, ect. Associated with civil codes & statute based forms of law Substantive Legal Systems: external criteria (religion, politics) that make or adjudicate laws - Substantive irrationality  justice in Attic Greece – ‘Khadi Justice’ - Substantive rationality  (usually common law approaches) Alabama; Sex Ed should only teach abstinence Contracts - Status Contracts: based on kinship, fraternal status contracts allow 1 clan member to become another member’s child, mom, dad, etc. - Purposive Contracts: rely on specialized justice system for enforcement  Juristic personalities  liability/ responsibility located in individual  Eradicate magic from law ____________________________________________________________________________________________________ Class 12: Articles: a. Welfare Fraud  Ontario; people forced into employment programs live in worse poverty  Alberta; welfare is only for people who pay rent, need a job to pay rent  Fraud in the Welfare system is not a criminal act, rather a
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