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?
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What is utopian socialism and who advocated for it?
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What is positivism and who advocated for it?
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What are Marx's views on human progress and law?
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What is structural functionalism and who advocated it?
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What is conflict theory and who came up with it?
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What is Mead's view on the self and law?
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Define Legal Formalism.
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What is Utilitarianism and its relation to law?
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Define Legal Realism and its authors.
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What is Sociological Jurisprudence and its author?
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When and how did sociological and legal theory unite?
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What is sociology's view of law?
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What is Bronislaw Malinowski's view on law?
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What is E. Hoebel's view on law?
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What is Paul Bohannon's view on law?
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What is Max Weber's view on law?
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What is Oliver Holmes' view on law?
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What is Phillip Selznick's view on law?
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What is Austin Turk's view on law?
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What is Donald Black's view on law?
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What is Medcalf's view on law?
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Name the five families of law.
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Define Custom Law.
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What is Common Law or Judicial Decision?
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What is Roman Code or Civil Law?
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Define Theocratic Law.
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Define Political Doctrine.
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What is Common Law?
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What is Case Law?
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Define Constitutional Law.
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Define Statutory Law.
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What is Regulatory Law?
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What is Executive Order?
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What is Administrative Law?
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Define Substantive Law.
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What is Procedural Law?
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What is Private Law?
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What is Public Law?
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Define Criminal Law.
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What is International Law?
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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.
Enlightenment Influence on Legal Thought
- 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.
Legal Formalism
- 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.
Legal Realism
- 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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Test your knowledge with these flashcards covering key concepts from Chapter 1 of Sociology of Law. Learn about the definitions and historical perspectives on law and its relationship with society. Ideal for students seeking to understand foundational legal theories.