[CJL 3038] - Midterm Exam Guide - Comprehensive Notes for the exam (21 pages long!)

66 views21 pages

For unlimited access to Study Guides, a Grade+ subscription is required.

UF
CJL 3038
MIDTERM EXAM
STUDY GUIDE
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 21 pages and 3 million more documents.

Already have an account? Log in
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 21 pages and 3 million more documents.

Already have an account? Log in
CJL3038 Module 1
What is Law?
Defining Law
Probably more scholarship has gone into defining and explaining the concept of law than
any other concept in sociology.
o Your initial definition is just as important as others
o “There are just as many definitions of law as there are law theorists”.
o Different perspectives
Donald Black
o Accusatory Style
Penal: The deviant is a violator of prohibition and an offender to be
subjected to condemnation and punishment.
Compensatory: A person is considered to have a contractual obligation,
and therefore owes the victim restitution.
o Remedial Styles
Law is sometimes used to social conflict.
Therapeutic: The deviant’s conduct is defined as abnormal; the person
needs help.
Veteran’s courts, drug courts, etc.
Conciliatory: Deviant behavior is one side of a social conflict in need of
resolution with no right or wrong.
Most common dispute is divorce.
o More than one of these may appear in any given conflict.
Other definitions
o System of rules and regulations
o Forum for value inquiry
You can tell a lot about a society
o Regime for the resolution of conflict
The courts exist to help resolve disputes
o Reflection of popular will
Voting
o Regime to preserve inequality and denial of freedom
What do these definitions have in common?
o The paramount function of law is to regulate and constrain the behavior of
individuals in their relationships with one another.
To help people relate to one another and society
It’s to organize our society, to set things up in a way that’s going to keep
order and keep our society moving forward.
o Formal system embodying specific rules of conduct
Telling people what they should and should not do.
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 21 pages and 3 million more documents.

Already have an account? Log in
Informal examples: gossip and guilt
o A guide for action or inaction
o Without interpretation and enforcement, law would remain meaningless.
UF speed limit and police (enforcement)
Traditional Legal Definitions
Cordozo (1924, pg 52)
o A principle of rule of conduct so established as to justify a prediction with
reasonable certainty that it will be enforced by the courts if its authority is
challenged.
Holmes (1897, pg 461)
o The prophecies of what the courts will do in fact, and nothing more pretentious,
are what I mean by the law.
Max Weber
o “An order will be called a law if it externally guaranteed by the probability that
coercion (physical or psychological), to bring about conformity or avenge
violation, will be applied by a staff of people holding themselves especially ready
for that purpose” (Weber, 1954:5)
Distinguishes law from rules, norms, and customs.
Externally guaranteed to enforce the law
Pressures to comply must be external
Pressures must involve coercion or force
Officials must exist to apply this force
Donald Black
o Law is essentially governmental social control
o It is a way the government maintains society
“[Law is] the normative life of a state and its citizens, such as legislation,
litigation, and adjudication” (Black, 1979:2)
Black focused on just the kind of law that can be measured
through means of legislation, litigation, and adjudication.
Several styles of law can exist in any society
The problem with a definition
Parable of the map
o Parable in textbook summary: Son tells father about his journey only by looking
about a map to which the father becomes angry because the experiences, feelings,
and so on were not discussed. You cannot tell about a journey just by using a
map.
o What is said to be wise rules out what could be important
o What are our goals in studying the law?
The benefits of many definitions
o Your initial map
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 21 pages and 3 million more documents.

Already have an account? Log in

Get access

Grade+
$10 USD/m
Billed $120 USD annually
Homework Help
Class Notes
Textbook Notes
40 Verified Answers
Study Guides
1 Booster Class