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SOC 3327

What is Sociology Scientific study of human behavior Examines factors on group behavior Influencing group behavior Gov: education, religion, family economy, legal system Government: democratic, communist, feudal Economy:Private property, jobs (no jobs, crime up) What is society Group of people that emerged or came to agree under a shared governace (legal system) Agree on a shared set of rules in order to survive Everything you think you should be doing Rules that require people to behave a certain way (laws) How many rules will you follow today and why Chapter 1 what is law Broad term that brings up different images and definitions for everyone Thinking of going to law school A traffic ticket that you got Silly law that makes no sense or law to complicate your life Law viewed differently in a free society versus an oppressive society Definitions of law will vary considerably from society to society Law and society I will use the term laws, rules regulations, social control interchangeably Law is a form of social control Law guides members of a society to act a certain way We set up laws that will make society act in an acceptable manner Law and society Law permeates all forms of social behavior and touches all aspects of our behaviors How societies rules impact you on a daily basis Law maintains the status quo and provides the impetus for change Law and Society Keeps society in a nice predictable pattern Can also be used to promote change Change is needed in order for a society to function smoothly All societies need to evolve or they will die off or be taken over L and S Law can tell you the history of a society Civil war so laws may be repressive Society values freedom so laws reflect this issue Free society versus an oppressive society Each of us is likely to evaluate our images and understanding of law through an ideological prism (depending on our background) L s We all study law with a certain set of beliefs so we all have different images of law Belifs may be rooted in religion, politics, personal experience, or gov type Beliefs that inspired specific laws may be much at odds with current beliefs How to study law Jurisprudence: members of the legal profession in their everyday legal practice (judges, lawyers, personnel at the courthouse, law enforcement officials) Existing written rules established by the (state and national legislature) application of abstract and general legal propositions to factual situations by a specialized staff How to study law Sociology of law: examines the evolution of rules and how they become the dominant force in legal thinking and in the resolution of conflicts in a society Different forms of social control Emphasis is on the causes of law, the sources Why laws were created or exist Legitimating principles (why laws are enacted) Focuses on the connection between the form of law and the political and economic sphere (specifically how society is organized) A capitalist society and communist society require different types of law Levels of Law Universal Law – law example (ten commandments) International law – treaties (laws of war/trade/commerce) Regional law – Europe or (euro law) Federal law – national legislature (law against treason) Levels of law State law – state legislature (law against larceny/theft) Local law – city town council (zoning) Organizational law – formal organization (rules against cheating) Texas Tech Community law – social group rules and norms (assignment of chores) Four major Legal Systems Romano-germanic legal system – western europe Common law system - USA Socialist legal system – Cuba, n korea Islamic legal system – middle east, some asia Romano-Germanic Legal System Roots in Roman and German societies. Roman law, canon law, and the enlightenment Used in continental Europe and other parts of the world Used in continental Europe and other parts of the world Unlike the “common law system” preparation of the case is done by prosecution Civil law or continental law or romano-germanic law is the predominant system of law in the world Main difference between common law and romano-germanic legal system Common law draws abstract rules from specific cases Civil law starts with abstract rules, judges must then apply to the various cases before them Roman law was a secondary source, that was applied only as long as local customs and local laws lacked a pertinent provision on a particular matter Local rules were interpreted primarily according to roman law resulting in its influencing the main source of law also Germany was a rising power in the late 19 century and its legal system was well organized German civil code became the basis for the legal systems of Japan and south korea In china, the german civil code formed the basis of the law of the Republic of china and remains in force in Taiwan Islamic legal system Law is vital part of the religion Unlike other systems that are based on judicial decisions, precedents, and legislation Koran is very specific about how people should live their lives and treat others Koran has specific instructions about gender relations and roles Commerce – Koran forbids people to charge interest when you loan money Islam means submission or surrender Islamic law is derived from four principle sources Koran – the word of God as given to the Prophet Mohammed Sunna – saying, acts, and allowances of the Prophet as recorded by reliable sources in the Tradition Judicial consensus – based on historical consensus or qualified legal scholars (limits the discretion of the individual jobs, limits discretion of the individual judge) Analogical resoning – used in circumstances not provided for in the Koran or other sources (a judge will reason why it is ok to apply a certain kind of punishment) Judge could inflict the penalty of stoning for the crime of sodomy Sodomy is similar to the crime of adultery and thus should be punished by the same penalty the Koran indicates Some countries that use Islamic Legal System have major modifications Blurry distinction between gov. and religion Iran had Iranian revolution in 1979 Made laws that would inevitably fall victim to corruption Only by adhering to God given laws or Shari’a that a nation could become whole again When literally applied, has remained unchanged for centuries Other societies, laws adapt to society In Iran society must adapt to legal system Revolutionary court led by the supreme faaih or just jurist has the authority to issue fatwahs(edicts to cases deemed a threat to Islamic Republic) Religious Law: Constructed mos
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