Sociology 2260A/B Final: Sociology of Law Final Exam Review

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Week 8 - Dispute Resolution
Dispute: disagreement between 2 or more parties
Typology 3 stages of Dispute Process (Nader & Todd 1978)
1. Grievance (pre conflict) stage
- indv or group perceive or imagines situation as unjust (nomadic - 1 person/ group)
2. Conflict Stage
- confront offending party (diatic - involves 2 parties)
3. Dispute Stage - Mackay guest speaker at this stage
- made public, 3rd party comes in (triatic - 3 partys)
Methods Of Dispute Resolution
1. Lumping it - ignore it
2. Avoidance - remove yourself from situation (ie divorce)
3. Primary Dispute Process
- negotiate - resolve between 2 parties
- mediate - neutral 3rd party guides to agreement
- arbitration - neutral 3rd party decides (outside courts)
- adjudication - formal method of resolution (courts - outcome enforced by law)
4. Hybrid Dispute Process
- rent-a-judge - predictability (previous cases) but doesn’t take into consideration what
caused the dispute
- med-arb - mediation, arbitration
- mini-trial - not binding decision, essentially “mock trial”
Dispute Process Decisions
- societal factors
- structure of social relationship
- views of law within society
- indvidual factors
- natue of relationship
- power differences
- sociodemographic factors
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Week 9: Law and Social Change
Legal change and social change
- reciprocal
-social change —> legal change
-law of vagrancy: bubonic plague (pressure on government to make beggars illegal;
forced to be farm help)
- privilege exercising right over lower class
-social —> legal change
- either direct or indirect (peoples behaviour)
- court ruling: same sex marriage
- direct: more gays are getting married
- indirect: people more accepting of gays
- new legislation: Bill 168 (amendment to protect people from violence at workplace)
- direct: more cases are reported, how people act at work
- indirect: change’s peoples perception of acceptable behaviour
Efficacy of Law as Instrument of Social Change (Evan, 1965)
1. must be enacted by a authoritative and prestigious source
- legislature over court
2. law must be rationale and compatible with existing values in society
3. reference made to existing communities its proven effective
- mariguana in colorado
4. new laws should be mandated quickly vs slow enforcement
5. enforcement agencies should be committed to change
6. law should provide positive and negative sanctions
- tax refund if you don't get any tickets
7. reasonable enforcement
- theoretically you need all 7, but in reality thats not always the case
Weber
-when determining how effective a law is on social change they draw on Weber’s notion of
legitimate authority
-3 types
1. Traditional authority *major type*
- long standing beliefs and customs within a society, obedience rises out
of tradition
- (king, queen)
2. Charismatic authority
- hold a level of power over others based on an extraordinary personal
qualities
- obey because they perceive these people to be more powerful
(cult leader, hitler)
3. Rationale-Legal authority
- authority based on belief in society’s laws and rules, and those in power
have the power to enact laws
- we elect them so we accept their power (modern states)
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