law and social change Flashcards
1) what is a key dimension to the study of law and social change ?
2) changes in society = ?
changes in law = ?
1)The relation between law and social change is a key dimension of the study of law and society.
2)Changes in society bring about changes in law; in turn, changes in law bring about changes in society. vice versa
The impact of Social Change on Law:
from what did law change to ?
( talk about old societies )
Social change and fundamental legal change:
- The law has changed from status to contract.
- In older societies, relations were governed by power. Over time, these traditional power-based relationships were replaced by agreements.
for Emile Durkheim what are traditional societies ? modern societies?
Emile Durkheim states that:
Traditional societies are homogeneous.
A deviant or criminal act offends the collective conscience and the response to deviance in such societies is especially punitive as people react emotionally to an act that offends them.
the type of law found in these societies is repressive.
Modern societies are heterogeneous.
The collective conscience is weaker because people have different beliefs and values. Their response to deviant and criminal acts is less punitive and takes the form of restitution: compensating an injured or aggrieved party for the harm done to them.
what did most scholars think about Durkheim interpretation of modernity and law ?
Most scholars think that Durkheim misinterpreted the relationship between modernity and law because, in modern societies, the repressive role of the law is a key factor. Modern societies tend to be more punitive than restitutive.
Max Weber, in traditional societies ?
why do individuals enjoy traditional authority?
and on who is traditional authority exercised on ?
Max Weber states that:
In traditional society:
The major type of power is traditional authority that exists and is assigned to particular individuals because of that society’s customs and traditions.
Individuals enjoy traditional authority for two reasons:
Inheritance
Religion
Traditional authority is granted to individuals regardless of their qualifications.
In modern society:
what is the key mark in modern societies?
what are the types of power that are able to create a major change in the society?
( 1 major type )
( 2 and 3rd type )
In modern society:
The key mark is the development of rationality.
(using reason or logic in thinking out a problem.)
The major type of authority in this society is the rational legal authority:
It lies in the belief and legitimacy of society’s laws and rules, and in the right of leaders to act under these rules to make decisions and set policy.
It ensures an orderly transfer of power in a time of crisis.
Power is given to elected individuals and it resides in the post, not in the individual.
A third type of power is the charismatic power:
It stems from an individual’s extraordinary personal qualities.
It is exercised either over the whole population or on a specific group.
It is less stable than the other two powers discussed (traditional authority & rational legal authority) because once the charismatic leader dies, the leader’s authority dies as well.
how can legal procedures be rational or irrational?
Legal procedures can be rational or irrational:
1- Rational legal procedures involve the use of logic and reason to reach legal decisions and achieve other goals.
2- Irrational legal procedures are based on magic or faith in the supernatural.
how can legal procedures be formal or substantive?
Legal procedures can be formal or substantive:
Formal legal procedures are based on established rules regardless of whether the outcome of a decision is fair or unfair.
Substantive legal procedures take account of the circumstances of individual cases in order to ensure a fair outcome.
what do modern societies rely on ?
Modern societies rely on legal procedures that are rational and formal.
Karl Marks and Friedrich Engels state that:
what are the 2 classes that divide the capitalist society?
according to Marks and Engels what does law preserve? what does it provide ? and what does it contribute to ?
Karl Marks and Friedrich Engels state that:
Every capitalist society is divided into two classes based on the ownership of the means of production:
The bourgeoisie
The proletariat.
There is a conflict of interest between the two classes: The bourgeoisie exploits the proletariat.
According to Marks and Engels, law:
Helps preserve the private property.
Provides legal rights for all and thus creates a façade of justice that obscures the working class.
Contribute to false consciousness.
The Law of Theft:
- The needs of a society makes certain actions a crime.
- As cases dealing with new issues reach the courts, new and consequential legal doctrines appear.
The Rise of Workers’ Compensation:
The Rise of Workers’ Compensation:
The laws evolve according to certain needs such as the right for the worker to be compensated if injured at work. This was the result of the social change that followed the industrial revolution.
Changes in Family Law:
Changes in Family Law:
The growing numbers of middle class people and their ownership of land and other property with some value have induced several changes in the laws governing the family.
The Impact of Law on Social Change:
how is law seen in social change ?
can law help in long term ?
- Law hailed as an effective vehicle for social change.
- Law could be used to ameliorate many longstanding social problems and to benefit disadvantaged social groups.
- Many movements tried with considerable success to mobilize the law to help achieve their goals.
There are a number of sources of legal change and they include:
and
Two major initiators of legal change may be distinguished:
hat does social change contribute to ?
There are a number of sources of legal change and they include:
New legislation
New court ruling
New executive order
New administrative law
Changes in legal procedures
Two major initiators of legal change may be distinguished:
Legal change initiated by a social reform group or larger social movement.
Legal change initiated by legislators or other government officials themselves.
The social change desired is a change in people’s behavior or attitudes, or in social policy, or in the structure and functioning of social institutions.
