Law: Justice, Social Order & Theories

• Law functions to maintain social order, guarantee security, resolve conflicts, but it does not create moral guidelines for religious institutions
• Law has backing by state authority
• The Social Contract originates from the Enlightenment.
• Rawls' Theory of Justice states that a just society ensures fair equality of opportunity.
• Corrective justice is primarily concerned with punishing wrongful actions and restoring fairness.
• Using fear to enforce compliance is not an element of procedural justice
• Foucault argues modern legal systems serve as social control and discipline forms
• Legal cynicism is a rejection of legal authorities as illegitimate
• The Panopticon illustrates how surveillance leads individuals to self-discipline.
• Compatibilism states human behavior is influenced by external factors, but can still be guided by rational choices.
• The right to own property is an example of substantive law
• The fundamental attribution error (FAE) in law refers to overemphasizing personal responsibility while ignoring situational influences
• Fear of police violence is not a key determinant of police legitimacy
• Restorative justice focuses on repairing harm rather than punishing offenders
• According to neuroplasticity, human behavior can be shaped by life experiences and environmental influences
• Solitary confinement has been linked to emotional numbness and paranoia
• Restorative justice is a holistic approach that focuses on repairing harm and accountability
• A common collateral consequence of incarceration is loss of autonomy
• Psychopathy in legal responsibility assessments raises debate because some legal systems do not consider it a mental illness
• The "double-edged sword effect" in sentencing refers to the use of aggravating and mitigating factors in contradictory ways
• Procedural justice focuses on fairness in legal outcomes, not the process itself: False
• Cognitive bias in legal decision-making is influenced by emotions: True
• Foucault argued that modern punishment is focused on physical pain rather than psychological discipline: False
• Restorative justice prioritizes punishment over community reconciliation: False
• Distributive justice focuses on fairly allocating resources in society: True
• Police legitimacy is based more on fear than fairness: False
• A person can only be held legally responsible if they had full rational control over their actions: False
• Neuroscientific research has completely eliminated the debate on free will in legal responsibility: False
• Over Policing leads to greater trust in law enforcement: False
• Solitary confinement has been linked to permanent neurological damage: True
• Legal insanity standards are the same across all legal systems: False
• Negative experiences with police decrease legal cynicism: False
• Social factors do not play a significant role in determining criminal behavior: False
• Trauma can alter brain function and affect decision-making: True
• Incarceration always leads to crime desistance: False

Foundations of Law & Behavior

• No universal definition of Law exists.

What Defines Law

• System of rules recognized/maintained by the state to regulate conduct.
• Set of imposed/enforceable rules governing the relationship between the state and its citizens and between citizens.
• Body of rules determined/enforced by a political authority.
• Law regulates human conduct and relationships between individuals and the state.
• Law is created/maintained by the state.
• In democracies, law expresses the will of the people with social recognition.
• Law is imposed, compulsory, backed by the state's coercive authority.
• Violation of law leads to enforcement via sanctioning.

Functions of Law

• Law promotes conformity (social control), preserves social order, and protects individual freedoms.
• Law guides/regulates human conduct and interpersonal/state relationships ("a code of conduct").
• Law uses coercion via enforcement (sanctions: damage compensation, imprisonment).

Character of Law

• Universal: applies to all.
• Binding: compliance is mandatory.
• Equal: no discrimination.
• Objective: based on principles, not personal opinions.
• Impartial: treats all individuals fairly.
• Dynamic: adapts to social change.

Duties & Rights

• Duties: An obligation to perform (positive duty) or a prohibition (negative duty).
• Rights: Individual interests protected by the law, which includes Rights on an object and Rights against a person

Human Rights

• Rights are given to every human being by virtue of being human
• Rights characteristics include human dignity; they are not able to be taken away, innate, universal, egalitarian, and interdependent

Types of Human Rights

• Include the Right to life, Prohibition of torture, slavery and forced labor, freedom and security, Right to a fair trial, respect for private life, freedom of thought, conscience, and religion, speech, assembly and association, and discrimination.

Fields of Law

• National Law (Domestic Law): Governs the territory of a specific state.
• International Law: Governs relations between states.
• Private international law
• Public international law
• International human rights law
• International humanitarian law

EU Law:

• Regulates relationships between member states, citizens, and functioning of the EU.
• Consists of hard laws like codes, and soft laws like recommendations.

Public vs. Private Law

• Public Law: Regulates the organization and functioning of the state Subfields include constitutional and administrative law
• Private Law: Governs relations between individuals, including criminal, public international, property, family, contract and tort law.

Substantive vs. Procedural Law

• Substantive Law: Defines rights and obligations Example would be Spanish Civil Code, Art. 1124; If one party does not fulfill an obligation in a reciprocal contract, the non-breaching party has a right to rescind the agreement or demand performance.
• Procedural Law: Specifies how the law is enforced
• Civil procedure: Enforcing private law in civil courts
• Criminal procedure: Enforcing criminal law in criminal courts
• Administrative procedure: Enforcing administrative law in administrative courts
• EU procedure: Enforcing EU law in the European Court of Justice (ECJ)

Law & Political Theory

• The Social Contract: legitimacy concerning state's authority over individuals.
• Social contract dictates citizens give freedoms in exchange for protection and social order Key Thinkers:
• Rousseau: Direct democracy and collective will
• Locke: Locke: Natural rights and government protection
• Hobbes: Need for a strong central authority
• The Law as an Instrument: used for conforming socially, preservation of social order and protecting Individual Freedoms by Guiding human conduct, and Coercion via sanctions

Justice & Law

• Distributive Justice: fair allocation of resources, benefits, and burdens
• Corrective Justice seeks to rectify wrongs and restore fairness Includes:
• Retributive justice: punishing wrongdoing
• Compensatory justice: restoring harm

Rawls' Theory of Justice

• Justice = fair cooperation in society
• The principles include basic liberties and equality: Fair equality of opportunity and a difference principle where inequalities must benefit the least advantaged

Explore law's functions in maintaining social order and resolving conflicts. Delve into the Social Contract, Rawls' Theory of Justice, and corrective justice. Understand Foucault's perspective on law as social control and the impact of surveillance.