Sociology 3260A/B Study Guide - Summer 2018, Comprehensive Midterm Notes - Max Weber, Legal Positivism, Émile Durkheim
12 Oct 2018
School
Department
Course
Professor
Sociology 3260A/B
MIDTERM EXAM
STUDY GUIDE
Fall 2018
What is law
Friday, September 14, 2018
9:33 AM
Definitions of law
• John austin (British legal philosopher of the 19th century)
o Nothing more and nothing less than 'command of a sovereign'
o That person or entity that most people living within a particular society happen to obey
• Some level of authority and power
o Limitations:
• Ignores that there are other forms of law (not only enforced by sovereign)
• Fails to recognize that no individual is above the law
• Donald black (1976) prominent sociologist of law
o 'governmental social control'
o Rules are not law unless they are official rules passed, implemented and enforced by the
government
o Limitations
• Too constrictive
• Rules can be passed from non-governmental agents (ex. Western university has its
own rules)
• A.R. Radcliffe-brown (early british anthropologist)
o 'la is the aiteae or estalishet of soial order… the eerise of oerie
authority through the use, or possibility of use, of physical force'
o Limitations
• Ignores that other rules are not enforced with the use/threat of physical force
• E Adamson Hoebel (american anthropologist)
o 'a social norm if its neglect or infraction is regularly met, in threat or in fact, by the
application of physical force by an individual or group processing the socially recognized
privilege of so acting'
o Highlights threat of use of physical force
• Force should be applied by individual/group who have been specially appointed by
society for this function
o Limitations
• 'ou ol ko it’s a la uless its iolated' prole ith this:
▪ If ou do’t get aught ou're ot reall reakig the la
▪ You ould’t ko i adae hat the las are
▪ If no one has ever broken it is it a law?
• Max weber (german sociologist)
o 'an order will be called law if its externally guaranteed by the probability that coercions
(physical or psychological) to bring about conformity or avenge violation will be applied by a
staff of people holding themselves specially ready for purpose'
o Limitations:
• Too much of an emphasis on coercions and ignores other considerations that
individuals will obey the law other than physical force
• Above are all positivist definitions/theories
o Do’t rig a alue i riteria
o They describe what the law is, but not what the law should or could be
o Separate morality from law
find more resources at oneclass.com
find more resources at oneclass.com
• Lon fuller (1969)
o Enterprise of subjecting human conduct to the governance of rules
o 'internal morality'
• General: where the rule of law comes in
▪ Laws must apply to everyone, no one is above the law
• Generally known
▪ Cannot be kept in secret, accessible to everyone
• Not retroactive
• Reasonably clear
• Not contradictory
• Reasonable
• Stable through time
o Law facilitates human interaction
o Morality and law should not be separated
o Limitations:
• Some laws are not recognized or fully accepted by everyone (ex. Marijuana
legalization)
• Assuptio that all las are oral, people all do’t hae the sae thoughts o hat
is moral and what is not
What is law
• Norms
o Generally accepted
o Standards of behaviours
o 2 types:
• Informal norms: not wearing sunglasses indoors
▪ If you violate these you face a social sanction
• *Formal norms: constitute enacted laws, rules and regulations that become law
▪ If you violate a law- formal social sanctions
• The rules and regulations that are written and enforced (this will be our working definition)
Obeying the law
• Durkheim
o Socialization and social bonding
o We obey because it is engrained in our everyday activity, as members of society we willing
follow the rules =through socialization process
o We learn what is morally appropriate (formal and informal norms)
o Not effective unless individuals are socially bonded to groups and members of society (ex.
Bonded to family, to see them as legitimate)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
John austin (british legal philosopher of the 19th century: nothing more and nothing less than "command of a sovereign, that person or entity that most people living within a particular society happen to obey. Some level of authority and power: limitations: Ignores that there are other forms of law (not only enforced by sovereign) Fails to recognize that no individual is above the law: donald black (1976) prominent sociologist of law. "governmental social control: rules are not law unless they are official rules passed, implemented and enforced by the government, limitations, too constrictive, rules can be passed from non-governmental agents (ex. Western university has its own rules: a. r. "la(cid:449) is the (cid:373)ai(cid:374)te(cid:374)a(cid:374)(cid:272)e or esta(cid:271)lish(cid:373)e(cid:374)t of so(cid:272)ial order (cid:271)(cid:455) the e(cid:454)er(cid:272)ise of (cid:272)oer(cid:272)i(cid:448)e authority through the use, or possibility of use, of physical force: limitations. Ignores that other rules are not enforced with the use/threat of physical force: e adamson hoebel (american anthropologist)
