Lecture 2: Foundations of Sociology of Law Flashcards
(51 cards)
1
Q
what is sociology?
A
- The study of human society
- Organization of social groups
- Social interactions of people
- Meaning people give to social reality
- Described as an “intellectual craft”
- A systematic way of looking at social phenomena
- Sociology draws on other fields like philosophy, history, psychology, political science, anthropology, economics, and law to build its understanding of society.
2
Q
roles
A
behavioural expectations (ex. Judges, lawyers)
3
Q
statuses
A
social positions (ex. Judges > police officers)
4
Q
norms
A
rules (ex. Follow the constitution, rise for judges)
5
Q
values
A
standards (ex. Honesty, fairness)
6
Q
ideology
A
shared beliefs (ex. Life, liberty, and the pursuit of happiness)
7
Q
legislators
A
create laws
8
Q
judges
A
interpret laws
9
Q
lawyers
A
represent clients
10
Q
police officers
A
enforce laws
11
Q
sociological tools
A
- Sociologists use tools to study society, its institutions, and social structures
- Tools are often intangible and abstract, reflecting the nature of the subject matter
12
Q
3 main sociological tools
A
- concepts
- theories
- paradigms
13
Q
concepts
A
- Ideas representing key features of the social world
- Often take the form of words or phrases
- Ex. justice, deviance, authority, social control
14
Q
theories
A
- A set of interrelated statements or propositions that explain patterns of behaviour and societal phenomena
- Answer broad social questions
- Why do some people obey the law while others violate it?
- How does societal change influence the law?
- Do certain groups benefit more from legislation than others?
- Theories can be formal or informal, structured or unstructured
- In socio-legal studies, any scholarly effort to explain phenomena can be considered a theory
15
Q
paradigms
A
- Theoretical perspectives, schools of thought, or intellectual traditions
- Provide orientations and assumptions about the nature of people and society
- Sociology is a multiple-paradigm science due to its many competing perspectives: mass production of manufactured goods
16
Q
examples of paradigms
A
- Structural-functionalism: focuses on how institutions maintain stability and order
- Conflict theory: examine power struggles and inequality in society
17
Q
limitations of paradigms
A
- No single paradigm is comprehensive; each offers a partial view of social reality.
- Nothing is ever certain.
18
Q
Three “pure” types of society
A
- premodern
- modern
- post-modern
19
Q
premodernity
A
- traditional, agrarian, and rooted in community values
- Western societies before the 18th century
- Some contemporary nonindustrialized parts of Asia, Africa, and Latin America
- Guiding ideologies
- Religious ideology: social phenomena are seen as mystical or supernatural
- Heroic ideology: status based on charisma, wisdom, and inspiration
- Social structure: Organized by inherited status and sacred authority
- Key figures: warriors, priests, prophets, kings, tribal chiefs, patriarchs, landowners, and judges
20
Q
modernism
A
- industrial, characterized by rationality, individualism, and progress
- Western society from the 18th century to the mid-20th century
- Dominated by science and technology (vs. religion and magic in premodernity)
- Emphasis on:
- Rationality: reason, logic, and observation explain social phenomena
- Calculability: focus on efficiency and predictability
- Indus
- Economy: capitalist
- Politics: Liberal
- Law: formal, emphasizing private rights and property
21
Q
post-modernity
A
- Post-industrial, fragmented, and influenced by culturally diverse perspectives
- Characterizes Western society since the mid-20th century
- Difficult to define as it is still evolving
22
Q
characteristics of post-modernity
A
- Reflexivity: circular communication and observation within specialized communities
- Multiplicity of meanings: competing ideologies, discredited narratives, and relative truths
- Paradoxes and contradictions: blurring traditional boundaries
- Social differentiation: Narrow specializations and sub-specializations
- Communities with distinct languages are unable to communicate effectively with others
- Fragmentation and integration of incompatible viewpoints and lifestyles
- Blurred boundaries make social reality incoherent and uncertain
- Irrationality of rationality: Excessive emphasis on rationality becomes counterproductive
- Bureaucratic systems become overly technical but less efficient
23
Q
impact of post-modernity
A
- Relationships are mechanical, instrumental, and autonomous.
- Postmodern society is a fragmented caricature of the past
24
Q
what is sociology of law?
A
- The relationship between law and society
- The social organization of the legal institution as an order or system
- Social interactions involving legal representatives (police, lawyers, judges, legislators)
- The meanings people assign to their legal reality
25
two main periods of development in sociology of law
- 1950s-1970s: foundational growth
- 1980s-1990s: intellectual maturation
26
1950s-1970s
- European influence
- Inspired by the works of:
Eugen Ehrlich (1936) legal scholar
Nicholas S. Timasheff (1939) sociologist
Georges Gurvitch (1942) sociologist and jurist
- Translations of Max Weber’s works, including Max Weber on Law in Economy and Society introduced Weber’s legal thought to American sociology
- Key publications:
Law and Morality (1955): Leon Petrazycki’s psychosocial legal theory (largely ignored but noted by some scholars)
- Limited focus on law in sociology:
E. James Davis (1955): found limited emphasis on law in psychology texts
- Sociological theory books included more on law than introductory texts
- Many theorists omitted law entirely
- Philip Selznick’s contributions: assessed the sociology of law and outlined 3 stages of its intellectual development
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3 stages by Selznick
- Stage 1: primitive or missionary stage
- Stage 2: sociological craftsman stage
- Stage 3: advanced stage
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Stage 1: primitive or missionary stage definition
The initial phase in the development of legal sociology
Focused on formulating a theoretical perspective for the study of law
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Stage 1: primitive or missionary stage characteristics
- Described a “not-very-sophisticated” sociological perspective
- Introduced into legal studies by:
- American legal scholars influenced by European thought
- Appellate judges (higher court judges) who articulated sociological ideas
Eugen Ehrlich
Nicholas Timasheff
Georges Gurvitch
Leon Petrazycki
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Stage 2: sociological craftsman stage
- Applying sociological concepts and theories to address practical legal problems
- Methodology: sociologists utilize survey and experimental research methods to analyze and solve issues within the legal system
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Stage 3: advanced stage
- Sociologists explore the meaning of legality, assess its moral authority, and clarify the role of social science in fostering a just society.
- This stage aligns with the rise of critical legal studies, which challenge traditional legal doctrines and highlight the law’s role in perpetuating power dynamics.
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Law and Society Association (1964)
- Founded to promote interdisciplinary dialogue between social scientists and legal professionals
- Law and Society Review: establish as its major journal to serve as a forum for this dialogue
- Skolnick reviewed the major empirical work in sociolegal studies from the previous decade
- The extensive review highlighted the growing richness of the field
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Key publications of 1968
- Phillip Selznick: Entry on “The Sociology of Law” in the International Encyclopedia of the Social Sciences
- Renator Treves and J.F. Glastra Van Loon: Norms and Actions: National Reports on Sociology of Law examined sociolegal research across multiple countries
- Edwin M. Schur: published the popular textbook Law and Society: A Sociological View, further enhancing legal sociology’s visibility
34
Donald Black’s perspective (1972)
- Advocated for a “pure” sociology of law focused on scientifically analyzing legal life
- Aimed to develop a general theory of law to predict and explain all legal behaviour
- The sociology of law should be conceptual, objective, and scientific
- Free from values, morality, and politics
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Criticisms of applied sociology:
- Opposed sociologists focus on policy implications, legal reforms, and evaluating the effectiveness of laws
- Argued that this approach confuses scientific policy questions and hinders the field’s development
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valid knowledge
derived only from social phenomena with objective reality
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value neutrality
knowledge can only be obtained free from values and biases
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Nonet on positivism
Nonet (1976) opposed Black positivist’s approach and advocated for a morally informed sociology of law
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four key elements of the normative approach
1. consider normative issues
2. policy relevance
3. legal literacy
4. integration of jurisprudence and policy analysis
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consider normative issues
- Address legal, political, historical issues, and values
- Go beyond quantitative studies to examine the adequacy, effectiveness, and limitations of social arrangements
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policy relevance
Every sociological project must have practical utility and contribute to policy
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legal literacy
Sociologists studying law must understand legal ideas and arguments important to lawyers
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integration of jurisprudence and policy analysis
- Link moral dilemmas in jurisprudence to evaluative research on policy
- Nonet calls for a “jurisprudential sociology” that bridges social science, jurisprudence, and policy concerns
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Cesare Beccaria
- Founder of the classical school of criminology
- Beccaria’s ideas laid the foundation for modern criminology and legal sociology
- His proposals have shaped the legal and penal systems worldwide, including the U.S.
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Beccaria's renowed work
- On Crimes and Punishments (1764)
- Shaped by key Enlightenment ideals
- Inspired by Enlightenment philosophers like Hobbes, Locke, Montesquieu, Voltaire, and Rousseau
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On Crimes and Punishments (1764)
- Written at age 26, first published anonymously
- Criticized the brutal legal and penal abuses of 18th-century Europe
- Called for radical reforms in criminal justice and procedures
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key enlightenment ideals that shaped Beccaria
- Reason and humanitarianism
- Search for knowledge, freedom, and happiness
- Critique of the existing social order
48
society as contractual
- Individuals surrender certain freedoms to the state in exchange for peace and security
- Citizens agree to:
Refrain from harmful actions (obligations)
& Receive protections that benefit everyone (entitlements)
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the social contract
- The social contract prevents chaos and ensures social order
- Thomas Hobbes describes the alternative as a “war of all against all”
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utalitarian basis of the social contract
Social, political, and legal actions aim to achieve the greatest good for the greatest number
51
laws and the social contract
- Law specify the terms of the social contract
- Breaches of the contract (lawbreaking) require punishment to:
- Instill fear in offenders
- Deter future violations by others
- Surveillance
