LWSO 201 Topic 1: Introduction to Legal Studies PDF

LWSO 201 Dr. Mark Introduction to Legal Studies Machacek Topic 1: Introducing Law & Society  1) Introduction to the course & Review overview of the course syllabus  1) Introduce the study of Law & Societ...

LWSO 201 Dr. Mark Introduction to Legal Studies Machacek Topic 1: Introducing Law & Society  1) Introduction to the course & Review overview of the course syllabus  1) Introduce the study of Law & Society 2) Outline basic concepts Objectives 3) Consider the nature of the relationship between law and society  The Study of Law & Society A subfield of Sociology Law & Society: the sociological study of the interplay between law and society Informed by sociological knowledge, perspectives, theories and law Situates law within its social context  A History of Studying Law & Society I Not a new topic of study -Study has been refined relatively recently Early 20th century sociologists: emphasized various dynamics of the relationship -Ross (1922) -Influenced the development of sociological jurisprudence -Rosco Pound (1944) Post-World War II: the study expanded considerably A History of Studying Law & Society II Law & Society as a distinct subfield emerged in the mid-1960s -Formation of the American Law and Society Association & the Law & Society Review Feminist legal scholarship played a role in driving the study There has been a growing number of peer reviewed academic journals Law & Society scholarship has grown to be international  Sociology vs. Legal Studies There are key similarities and differences between the two areas of study Similarities: both are concerned with many of the same issue areas (i.e. social control, dispute resolution, power relationships, etc.) Differences: legal thinking is less theoretical; legal thinking is more determinative, less probabilistic; legal thinking is usually more past and present-focused; Sociology uses different analytical methods and concepts Legal thinking is more problem-solving, Sociology is more problem-revealing (critical thought)  The Role of Sociologists in Studying Law Some sociologists advocate for understanding and interpretation Some sociologists advocate for critical, problem-revealing approaches Some sociologists advocate for praxis  Concepts, ‘Conceptual Stretching’ & ‘Conceptual Conflation’ Concepts: abstract ideas used to make sense of, organize and think about the world Concepts are abstract but identified in the empirical world using indicators Important to avoid both conceptual stretching and conceptual conflation in the Social Science  Basic Concepts in Law & Society: ‘Institutions’ Institution: ‘rules of the game’ -Anything that makes human behavior and relations more patterned/predictable/stabl e Institutions can be formal (i.e. law) or informal (i.e. culture)  Basic Concepts in Law & Society: ‘Law’ There is no consensus on how to define ‘law’ Law: the set of rules and regulations governing a society Black (2002): law as governmental social control Max Weber: law consists of i) external pressures to comply, ii) pressures involve coercion or force, and iii) official roles in enforcement  Basic Concepts in Law & Society: ‘Law’ II Definitions of ‘modern law’ tend to center around: -External, formal rules -Bindingness -Impartiality and legal equality Modern law is distinct from norms and principles  Functions of Law According to the Law & Society literature: 1) Social control 2) Dispute resolution 3) Social change Law also legitimizes things and defines power relationships  Substantive law Procedural law Public law Private law Types of Law Tort law Criminal law Civil law Common law -There are also branches of law (i.e. constitutional law, family law, etc.)  Basic Concepts in Law & Society: Legal Systems Legal system: the overall framework of rules, processes, procedures and institutions a community uses to implement and enforce law There are a variety of legal systems across the world The dominant legal systems today are i) civil law and ii) common law Basic Concepts in Law & Society: ‘Society’ Society: an ordered we of ties that connect a group of people together -Involves various overlapping social interactions and institutions among a given population We can conceive of many different ‘societies’ The Nature of the Law & Society Relationship Law increasingly permeates all aspects of our social lives -Law governs our entire existence Society also shapes law -Law reflects ideological, social, economic and political elements of our society  The Development Model Approach to Law & Society Widely used in the Sociology literature Development model approach: a historical approach understanding law and society as co-evolving with one another (usually in stages) Tends to distinguish between ‘traditional’ and ‘modern’ societies and law Posits that, as societies become more complex, law has become more developed and institutionalized -In turn, law plays a larger role in shaping society