Week 3 - Early & Classical Sociological

Question 1

What are the approaches to studying law?

Answer 1

Legal Jurisprudence, Philosophies of Law, theoretical empirical studies

Question 2

What is the study of society?

Answer 2

When we study law in its development, we don’t separate it from things like politics or religion
- Sociologists study society
○ Law and Society = ??? - cannot study them separately
○ Law in society = happy - can be studied
- Law must be situated along with other social institutions

Question 3

How do legal systems evolve?

Answer 3

As society progresses from primitive to modern, law and legal systems become more complex

Question 4

What are the 3 main stages of evolution of legal system?

Answer 4

Pre-modern, transitional, modern

Question 5

What is Natural Law?

Answer 5

Set of universal principles applicable to all societies in all historical epochs

Question 6

Who is Beccaria?

Answer 6

First influential thinker in the classical school

Question 7

What are the multiple key cultural stages according to Comte?

Answer 7

Theological-military, metaphysical-judicial, scientific-industrial

Question 8

What is Legal Positivism?

Answer 8

Often believed to be the opposite of natural law, Study law as an observable fact, No valid reason to break a law

Question 9

What is Stare decisis?

Answer 9

Let the decision stand - precedent

Question 10

Who were the classical sociological theorists?

Answer 10

Durkheim, Weber, Marx

Question 11

What was Durkheim’s functionalist approach?

Answer 11

Collective Conscience - agreement everyone has to behave in accordance with the norms and values that make up our society

Question 12

What was Durkheim’s thoughts on society?

Answer 12

Mechanical - Social integration that arises out of the homogeneity of members of a society

Organic - Social integration that arises out of interdependence of members in the society

Question 13

What is functionalists theory summarized?

Answer 13

Aligns closely with OVL, Conservative view of human nature, Positivist methodologies & the existence of truth, Crime occurs due to improper socialization and social disorganization, Law is important b/c it reinforces the collective consciousness

Question 14

What was Talcott Parsons four functional imperatives?

Answer 14

1. Adaptation-the system extracts resources from the environment and distributes them
   
   2. Goal Attainment-the system defines important and less important goals and mobilizes resources to achieve these goals
   3. Integration-the system must coordinate and regulate its subsystems
      
      4. Latency-the system must maintain conforming behavior among individuals law performs an integrative function by settling disputes and by maintaining harmony and order between the various sub-systems

Question 15

What are Weber’s types of authority?

Answer 15

Charismatic, Traditonal, Legal-Rational

Question 16

What is Charismatic Authority?

Answer 16

obeyed because they are believed they have some supernatural connection with god. Not associated with logic or precedent/consistency - Hebrew prophets

Question 17

What is traditional authority?

Answer 17

based on the status of an individuals office/position - someone inherits the status - farrows, futal lords

Question 18

What is legal-rational authority?

Answer 18

individual achieve their status in accordance of some established procedure - prime ministers, presidents. Their procedure is based off of legal writings, obeyed because they are legitimate

Question 19

What are Weber’s types of legal thinking?

Answer 19

Formal-irrational, Substantive-irrational, Substantive Rational, Formal Rational

Question 20

What is Formal-irrational thought?

Answer 20

w/o explanation - laws or procedures that are created by traditional authorities but decision are irrationally derived without any insight

Question 21

What is Substantive-irrational thought?

Answer 21

case by case - guided by religious or political considerations, no consistency

Question 22

What is Substantive-Rational thought?

Answer 22

non-legal but consistent - following the processes of Buddhism

Question 23

What is formal-rational thought?

Answer 23

logical analysis in legal sources - we don’t use morality, ethics, etc. - based on universal rules in legal documents that come form a legal-rational authority

Question 24

How did Weber view economics?

Answer 24

Viewed economics matters as crucial as how we go about understanding the modern day world, The law is then related to economic life, We need the laws help in expanding the everyday economic life

Question 25

What are the advantages of rationlization?

Answer 25

1. Bureaucracy
   
   2. Improved technology
   3. Improved medicine
   4. A more efficient society

Question 26

What are the disadvantages of rationalization?

Answer 26

1. Feelings of disenchantment
   
   2. We would neglect basic questions regarding human existence
   3. Concentration of power in the hands of the elite

Question 27

What is Weber’s “Iron Cage” theory?

Answer 27

Too much rationalization - the erosion of human essence, Alienation could lead to the Iron cage - traps individuals inside a prison, metaphorical prison

Question 28

What is liberal pluralism summarized?

Answer 28

• Skeptical of OVL
  
  • Society consists of competing interest groups
  • Inequality exists but the state should make rules to ensure fair competition
    Crime is socially constructed and not necessarily morally wrong

Question 29

What are the 3 questions Marxist theory seeks to answer?

Answer 29

1. How does money control?
   
   2. How are classes defined by work?
   3. What is relation between workers $, government & society?

Question 30

What is Marx’ legal theory?

Answer 30

God does not exist, Humans evolve, Law and human rights then come about as a result of the interaction of human beings within social structures. Laws are imposed by the state to maintain the status quo and existing power hierarchy

Solution: the overthrow of the existing social order