Sociology 3260A/B Study Guide - Midterm Guide: Mischief Rule, Plain Meaning Rule, Golden Rule
10 Apr 2020
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Sociology 3260 : midterm exam - prep sheet. Week 2 (sept. 16) - law and law making. Customs: rules of conduct in long situations that are followed without thinking. Conventions: rules of conduct that involve a sense of duty/obligation. Weber placed too much emphasis on coercion. Participants in court processes: litigants - trying to settle dispute (one-shotters & repeat players, lawyers. D. hired guns" - interested in only their clients best interest: judges, juries. Interpretations of statuses: literal rule - statute applied literally, golden rule - court removes literal interpretation so far as there is a conflict, mischief rule - what problem was statute intended to solve. Public opinion shown through media, politics, interest groups, etc. Impetus: setting the mechanism of law making in motion. Sources: detached scholarly diagnosis, voice in the wilderness, protest activities, social movements, public interest groups, mass media. Difficult to define and changes over time and place.
