Functions and Fictions (Week 3)

Question 1

What are Hoebel’s 4 functions of law?

Answer 1

1. Defining relationships - so we know what to expect
2. Allocation of authority - right to exercise physical coercion as a socially recognized privilege
3. Disposition of trouble cases as they arise - what judges do
4. To adapt to changes - in social life and redefine relationships accordingly (ability to evolve/modify laws)

Question 2

What does Hoebel have to say about the difference between custom, convention and law?

Answer 2

Differences are based on the type of authority
Power can be “transpersonalized”
Law must be relatively flexible

Question 3

What are Weber’s three types of authority? - what method do they fall under?

Answer 3

1. Traditional/Customary - ex: tribal chief, council of elders, monarchy - irrational
2. Charismatic - personality of leader, relatively unstable
3. Legal/rational - system of offices, expertise and bureaucracy, predictable rules, stability

“ideal types”

Question 4

What does Christie mean by conflict as property? what are his views on conflict in society?

Answer 4

Society has lost sight of the value of conflict - we have been too successful in reducing conflict
Conflict can kill but too little can paralyze - conflict is not simply violence, there are valuable forms of conflict

Question 5

Why are conflicts stolen? Through what processes does this occur?

hint: there are 3

Answer 5

1. Courts and the mundane processes of law are tedious and uninteresting - not everyone can participate
2. Courts are not accessible physically/distanced
3. Professionalization of conflict reduction and resolution - expertise at distancing

Question 6

How are courts peripheral to normal life? what factors distance them?

hint: there are 4

Answer 6

1. distanced by physical location
2. distanced by architectural complexity
3. distanced by involvement of professionals
4. distance is worsened by presence of the state and lawyers

Question 7

What is the king’s peace? what does this mean for victims?

Answer 7

The state represents the victim such that the victim is likely never going to present their side of the story
Double victimization

Question 8

What are two factors relating to lawyers and criminologists that result in the monopolization of disputes?

Answer 8

1. lawyers take over conflicts and people lose control over the resolution of their problems
2. criminologists attempt to explain conflict away - depoliticize and depersonalize crime using biological determinism