Sociology of Law Chapter 1 Flashcards
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Questions and Answers

Define sociology of law.

The study of the relationship between law and society and one's effect upon the other.

What is the traditional definition of law?

Set of rules and guidelines set forth by an authoritative body who can enforce said rules.

How has law existed in ancient civilizations?

Natural law under Aristotle, remnants of codified law in Latin America, Christian theologians during the age of faith.

What two new schools of thought did the enlightenment create?

<p>Empiricism and Idealists.</p> Signup and view all the answers

What is utopian socialism and who advocated for it?

<p>An individual gives up some rights for collective living; advocated by J.J. Rousseau.</p> Signup and view all the answers

What is positivism and who advocated for it?

<p>Analytic techniques used to study natural laws applied to human society; advocated by Comte.</p> Signup and view all the answers

What are Marx's views on human progress and law?

<p>Natural law and human law are interdependent; human progress follows economic stages.</p> Signup and view all the answers

What is structural functionalism and who advocated it?

<p>It views society as a complex system whose parts work together; advocated by Emile Durkheim.</p> Signup and view all the answers

What is conflict theory and who came up with it?

<p>Conflict theory suggests social conflict arises from class divisions; referenced as Verstehen by Max Weber.</p> Signup and view all the answers

What is Mead's view on the self and law?

<p>The self is created through social interaction; the law results from these interactions.</p> Signup and view all the answers

Define Legal Formalism.

<p>Law exists independently of moral and individual views; based solely on reasoning and analysis.</p> Signup and view all the answers

What is Utilitarianism and its relation to law?

<p>Actions should result in net-positive benefits; legal acts must benefit society.</p> Signup and view all the answers

Define Legal Realism and its authors.

<p>Law is shaped by judges' rulings; based on perceptions and personal views; Holmes, Llewellyn, and Frank.</p> Signup and view all the answers

What is Sociological Jurisprudence and its author?

<p>Law is an enforced social norm; if it doesn't reflect social norms, it is ignored; by Roscoe Pound.</p> Signup and view all the answers

When and how did sociological and legal theory unite?

<p>Through the Law and Society Association and The Law and Society Review in the mid 20th century.</p> Signup and view all the answers

What is sociology's view of law?

<p>Pillar of society but different than folkways and mores.</p> Signup and view all the answers

What is Bronislaw Malinowski's view on law?

<p>Law is a cultural universal and a social custom based on reciprocity.</p> Signup and view all the answers

What is E. Hoebel's view on law?

<p>Law is coercion; a law is only valid if violations lead to punishment.</p> Signup and view all the answers

What is Paul Bohannon's view on law?

<p>Law is a reinstitutionalized custom; it is separate from normal customs.</p> Signup and view all the answers

What is Max Weber's view on law?

<p>Law is enforced by specialized agents through fear and coercion.</p> Signup and view all the answers

What is Oliver Holmes' view on law?

<p>Law is created by judges based on their individual views; not legal formalism.</p> Signup and view all the answers

What is Phillip Selznick's view on law?

<p>Law is a tool for social justice and the common good; it should help disenfranchised groups.</p> Signup and view all the answers

What is Austin Turk's view on law?

<p>Law is a tool in social conflict, controlling thoughts, violence, and behavior.</p> Signup and view all the answers

What is Donald Black's view on law?

<p>Law is government control that varies by time, place, and person.</p> Signup and view all the answers

What is Medcalf's view on law?

<p>Law has different meanings depending on the individual; interpretations vary among legal actors.</p> Signup and view all the answers

Name the five families of law.

<p>Custom Law, Common Law, Roman Code, Theocratic Law, Political Doctrine.</p> Signup and view all the answers

Define Custom Law.

<p>Law that exists as social customs, found in small, homogenous societies.</p> Signup and view all the answers

What is Common Law or Judicial Decision?

<p>Law created through judicial rulings in specific cases.</p> Signup and view all the answers

What is Roman Code or Civil Law?

<p>Law based on a strict set of codified rules applied to cases.</p> Signup and view all the answers

Define Theocratic Law.

<p>Law based on religious codes, such as Sharia law or Vatican law.</p> Signup and view all the answers

Define Political Doctrine.

<p>A system where the ruling party controls all aspects, such as communism.</p> Signup and view all the answers

What is Common Law?

<p>Law originating from court decrees.</p> Signup and view all the answers

What is Case Law?

<p>Law that originates from appellate courts and federal court rulings.</p> Signup and view all the answers

Define Constitutional Law.

<p>Law governing the authority and powers of the federal government in the U.S.</p> Signup and view all the answers

Define Statutory Law.

<p>Law passed by state, federal, and government agencies.</p> Signup and view all the answers

What is Regulatory Law?

<p>Law set forth by regulatory agencies.</p> Signup and view all the answers

What is Executive Order?

<p>An order issued by the president concerning laws or constitutional interpretation.</p> Signup and view all the answers

What is Administrative Law?

<p>Law created by administrations to implement policies.</p> Signup and view all the answers

Define Substantive Law.

<p>Law declaring the rights and duties of individuals.</p> Signup and view all the answers

What is Procedural Law?

<p>Law dictating how to protect the rights and duties of individuals.</p> Signup and view all the answers

What is Private Law?

<p>Law concerning relationships between private citizens and organizations.</p> Signup and view all the answers

What is Public Law?

<p>Law concerning the relationship of the state with its citizens.</p> Signup and view all the answers

Define Criminal Law.

<p>Law meant to protect society and declare what acts are illegal.</p> Signup and view all the answers

What is International Law?

<p>Law concerning the relationships of nations.</p> Signup and view all the answers

Study Notes

Sociology of Law Overview

  • Sociology of law examines the interplay between law and society, focusing on how each impacts the other.

Traditional Definition of Law

  • Defined as a set of rules established by an authoritative body with enforcement capabilities.

Ancient Civilizations and Law

  • Natural law concepts were addressed by Aristotle.
  • Evidence of codified laws can be found in parts of Latin America.
  • Christian theologians contributed during the era of faith.
  • Empiricism: The belief that knowledge stems from collected evidence and logical reasoning.
  • Idealism: Asserts that reality is shaped by individual perceptions, associated with philosophers like Kant and Hegel.

Utopian Socialism

  • Advocated by J.J. Rousseau, it suggests individuals relinquish some freedoms for collective living, aiming to enhance freedom and equality through government.

Positivism

  • Championed by Comte, it emphasizes using scientific analytical methods to understand and improve human society.

Marx's Perspective

  • Proposed that natural and human law are interdependent.
  • Human progress is contingent on economic conditions; communism is portrayed as the ultimate objective.

Structural Functionalism

  • Defined by Emile Durkheim, this theory posits that societal complexity varies in size and ideas but is maintained by shared values and beliefs.

Conflict Theory

  • Introduced by Max Weber as a University of Chicago concept, it notes societal conflicts often rooted in class divisions, but also recognizes unifying factors like gender, race, or religion—termed Verstehen.

Mead's Sociological Jurisprudence

  • Suggests the self is shaped through social interactions, making law a product of these interactions.
  • Represents the idea that law operates independently from moral considerations and individual opinions, predicting legal outcomes strictly through reasoning.

Utilitarianism and Law

  • Argues that actions must lead to a net societal benefit, ensuring legal sanctions outweigh the benefits of rule-breaking.
  • Asserts that judges' decisions are influenced by personal perspectives; precedent can be adjusted for desired outcomes.

Sociological Jurisprudence by Roscoe Pound

  • Defines law as an enforced social norm that reflects societal values.

Law and Society Association

  • Founded mid-20th century, this entity facilitated the merging of sociological and legal theories.

Bronislaw Malinowski's Law Theory

  • Views law as a cultural universal, rooted in reciprocity and social customs.

E. Hoebel's View on Law

  • Defines law as coercive, hinging upon the notion that law requires punishment for violations.

Paul Bohannon's Definition

  • Describes law as a reinstitutionalized custom that diminishes with societal growth.

Max Weber's Law Perspective

  • Characterizes law as an order enforced through fear and coercion, chiefly relevant to modern societies.

Oliver Holmes' Interpretation

  • Claims law consists of judges' decisions influenced by their individual interpretations, merging legal principles with personal judgment.

Phillip Selznick's Viewpoint

  • Advocates for law as a tool for social justice, emphasizing responsiveness to marginalized groups.

Austin Turk's Perspective

  • Claims law acts as a control mechanism for social conflict, influencing economic interactions and behaviors.

Donald Black on Law

  • Positions law as a variable form of government control, shaped by time, location, and societal context.

Medcalf's Understanding of Law

  • Suggests law is interpreted differently among various legal participants, highlighting diverse perspectives in legal practice.

Families of Law

  • Identified kinds include Custom Law, Common Law, Roman Code, Theocratic Law, and Political Doctrine.

Custom Law

  • Arises from societal customs predominant in simple, homogeneous communities.

Common Law

  • Built from judicial decisions, it reflects evolving case law and legislative conflicts.

Roman Code or Civil Law

  • Based on a fixed set of codified rules applied uniformly in legal circumstances.

Theocratic Law

  • Founded on religious principles, exemplified by Sharia and Vatican law.

Political Doctrine

  • Characterized by centralized control, as seen in communist systems.

Types of Law

  • Common Law: Originates from court decrees.
  • Case Law: Results from appellate court rulings.
  • Constitutional Law: Governs federal government authority.
  • Statutory Law: Enacted by governmental agencies.
  • Regulatory Law: Issued by regulatory authorities.
  • Executive Order: Issued by the president on legal matters.
  • Administrative Law: Created by administrations for policy implementation.
  • Substantive Law: Defines individual rights and responsibilities.
  • Procedural Law: Dictates the processes to protect rights.
  • Private Law: Concerns relationships among private citizens.
  • Public Law: Governs relations between the state and individuals.
  • Criminal Law: Focuses on societal protection and defines illegal acts.
  • International Law: Manages relations between nations.

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