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Sociology of LAW.doc

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Sociology 2260A/B
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Jan 09 2013Punishment for powdered cocaine in less than crack cocaine chemically the same drug black shows demographic using the drug young minority poor are in conflict with lawDonald black law is governmental social control An organized system of sanctions used to ensure compliance or avenge violation weberThe doctrines and social rules as they are enforced by state agencies within a politically organized society Cotterell 1984Law regulates human behavior and the relationships between members of society beyond this of course it may attempt to enshrine certainState Law that category of social rules for which the processes and institutions of the creations interpretation and the enforcement are most visible Civil Law origins in Roman law law found in codes Judges are supposed to apply and follow the law only as it s enshrinedCommon Law tries to capture the customs of unwritten customs assumed to form the foundation of a given social group and to be the source of law grows out of what was gone before Classical common law theorists conceived of law as guided in measure by its assessment of justice and the common goodPeelenot used as weaponif a child wanted to use a sharp object to harm in schools you would have to take away geometry sets Classical Law TheoristsLon Fuller law must reflect minimal internal moralitycan be used as both a coercive instrument of social control and to facilitate human interactionDefinition of moral law system of guidelines for behaviors may or may not be part of religions codified in written form or legally enforceable for some people moral la in synonymous with the commands of a divine being for others moral law is a set of universal rules that should apply to everyone John Finnis natural law theory is nothing other than a theory of good reason for choicejustice is about fostering the common good in a communityIn a democratic country a criminal code is used to determine how the law is applied these rules are mandated by an elected body of officials they tell citizens what actions are prohibited how to protect themselves against convictions for breaking the rules and what punishments to expect if they do
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