MAC 301: Law and Society PDF

Chapter 1 reading Values→ Norms (actions based on situations) → Mores (right and wrong) and Folkways (customs and habits) **Approaches to defining law** - - - - - - - **Functions of law** - - - **Dysfunctions of law** - repress and limit - - - - - - - - -...

Chapter 1 reading Values→ Norms (actions based on situations) → Mores (right and wrong) and Folkways (customs and habits) **Approaches to defining law** - - - - - - - **Functions of law** - - - **Dysfunctions of law** - repress and limit - - - - - - - - - Consensus perspective- society shares values that promote cooperation (laws) Pound, Conflict perspective- society as competitors that use power and control (laws) Chapter 1 questions 1. 2. 3. 4. 5. 6. 7. Chapter 2 Reading Golding legal system requirements**-** laws,legislaton,enforcement,dispute resolution **Phases of evolution for legal systems** (premodern legal systems) hunter-gatherer societies to agricultural (transitional) and industrial societies led to the creation of laws to regulate property, employment, and commerce​ (modern) **Legal philosophies** Theories= origin, nature, development, and purpose Natural law- universal moral principles, unjust = no law, Aristotle Legal positivism- sovereign authorities, John Austin, government social control, law as set forth, made by threat, neutrals **Methods to study law and society** Sociological jurisprudence- broad societal needs, Pound, evaluated on results rather than consistency, law to adapt to societal changes Local realism- gap between law on the books vs law in action **Critical legal studies vs. critical race theory**: Critical legal studies critique the law\'s role in perpetuating social hierarchies, while critical race theory focuses specifically on law\'s role in maintaining racial inequalities​ Utilitarianism- Benthan, maximize pleasure, consequentialism, nazi germany, "greater good" Categorical imperative- Kant, process just as important as the end, Sociological theory- economic relationships and power, law and society interact Legal Realism- comes down to who decides based on experience, Wendell Holmes, bias Functionalism- Comte, stay in equilibrium for law to perform effectively, enforcing norms Legal behaviorism- different punishments for different offensives, close to social jurisprudence, more quantitative approach Libertarianism- laws are unjust if they tell us what to do, freedom to determine, no taxes, discrimination allowed Critical legal studies- Hunt, law is open to political influence Critical race theory- law supports those in dominance, focus on victim American legal system reading- Law- set of rules for human guidelines that government intervenes when violated 5 sources of law Common law- judge-made law, adapt to change, equity law, more individualized, reports Statutory law- legislative, anticipate problems, criminal laws, codes Constitutional law- plan for government, outline powers of gov, serve basic rights A legal system based on utilitarianism would prioritize maximizing overall well-being. In government-sponsored health care, this could mean universal coverage to ensure the greatest good for the greatest number, even if it requires heavy taxation or rationing of services.