Crimm Chappy 2 Flashcards
study more shii (16 cards)
Small-scale Societies: why less conflict?
Strong collective solidarity
No surplus/stratification
Members had lifelong interactions
No centralized structure for decision making
Small Scale Societies: what were disputes concerned with? How were they resolved?
Disputes concerned women (reproduction), uneven food given, asymmetrical gift exchanges, laziness ect.
Conflicts are resolved by those intimately involved + some community pressure to solve issue
General airing of problems to inhibit escalation
Light punishments preferred + customary expectations - even blood feuds carried out in an orderly way
Define self-based redress?
Personal revenge
Define kin-based redress?
Family intervenes
Define advisor systems? who is an advisor?
High status figures acted as moral authority and made suggestions but could not enforce compliance.
Settling disputes increased advisor status.
What changes occured during transferance from small-scale to complex society (w/state)?
Diminishing mutual interdependence
Surplus created pyramidical power
State emerges in agricultural society to represent interests of top
What disputes are unique to complex societies? why are they/what changes in society do they originate from?
Surplus lead to possibility of theft
Emergence of contracts/wills leads to complex body of civil laws
Chiefdoms and (later) states leads to the possibility of treason/slander as cime
What constitutes the centralization of power in terms of the history of the modern state?
Feudalism becomes modern capitilist industrial society
Collective responsibility becomes individualised
King eventually replaces feudal lords
What is common law?
These are decisions, available to all, that are made by the King and by under courts. They are set up to settle disputes
What is the rise of the merchant class? what effect did this have on the peasants?
Merchants are backed by King, He trades land and safe trading for their support. Resulted in the growth of commerce (banking/money) Transactions are governed by law instead of custom
Interrupted peasant’s right to hunt (ect) and punishments were put in place to further fuck with peasants’ feudal practices.
What is the state?
A dominant form of dispute settlement, backed by police and military
What is the goal of law?
Regulate human activity/ensure social order
What is meant by “Failure to Regulate” in terms of interest groups? provide example
Transnational corperations can greatly influence state policy/laws and have the resources to resist government regulation
Example: Ford Pinto
What is a crisis of legitimacy?
The state no longer maintains authority to govern
Define restorative justice? outline goals?
Direct/indirect model which emphasizes restitution and community participation, aimed at
rehabilitation/reintegration
Social rather than moral responsibility (puts more pressure on society to reform)
Seek to change current CJS by repairing harm done to social relations (offender - victim)
What are the limitations of restorative justice?
It cannot alone repair harm done by state
It needs to be paired with preventative measures
It needs broader focus on inequality and injustice
