Law and Society

Question 1

What is the sociology: conflict approach?

Answer 1

Social behavior is best understood in terms of conflict and tension between groups and individuals. Conflict arises from scarce commodities between groups and individuals.

Question 2

Who made conflict theory?

Answer 2

Karl Marx

Question 3

What affects social relations according to Marx?

Answer 3

Mode of production. When you look at the economy you automatically need to look at the relationship between those who own the modes and the ones who buy the modes.

Question 4

What is the superstructure according to Marx?

Answer 4

Superstructure includes the gov, legal system this superstructure existence to protect the owners of the mode of production.

Question 5

How do laws aid the bourgeoisie?

Answer 5

-crim law: stealing protects those who have enough to be stolen from
-worker laws: it reinforces that workers keep working

Question 6

What is the sociology consensus approach?

Answer 6

Looks at how society should be viewed as an organic imperfect whole. How do different actors work together to create a healthy whole (society).

Question 7

What is the “functionalist analysis” in the Consensus Approach?

Answer 7

Biology concept of how everything works to reinforce the whole functions properly (tree: how branches work, leaves work, roots work…)

Question 8

What is the Consensus Approach of Emile Durkheim?

Answer 8

Shared values reflected in how society work. They can be manifested in two different way solidarity (mechanical and organic).

Question 9

What is mechanical solidarity? (Durkheim)

Answer 9

Mechanical solidarity you don’t need to have much dialogue about the values since they have shared values. (Shared values/homogenous societies)

Question 10

What is organic solidarity? (Durkheim)

Answer 10

Organic solidarity because everyone is different/different values you need written so you can maintain order. (interdependence/heterogenous societies)

Question 11

What are the two laws that get emphasised? (Durkheim)

Answer 11

1. Repressice laws (mechanical)
2. Restitutive laws (organic)

Question 12

What are repressive laws?

Answer 12

You can punish because everyone agrees that what you did was wrong (shared values).

Question 13

What are restitutive laws?

Answer 13

Rather than just punishment, there is also compensation for harm, if you cannot all agree that something is wrong you can’t just automatically punish someone you have to make a consensus and compensate for harm.

Question 14

Types of legal procedures? (Weber)

Answer 14

1. Rational
2. Irrational

Question 15

Types of Laws? (Weber)

Answer 15

1. Formal (all cases as a whole)
2. Substantive (individual cases)

Question 16

What happens when society modernizes?

Answer 16

shift from irrational to rational

Question 17

What happens when the legal system is more formal and predictive?

Answer 17

More predictive of a legal outcome

Question 18

What about capitalism to Weber?

Answer 18

Rules are necessary if you want capitalism to continue/develop because you are ensuring buyers and sellers stick to their words.

Question 19

How does Cotterrell see Durkheim?

Answer 19

Hard to find the overarching solidarity/consensus in society because there is a lot of opinions and views.

Question 20

How does Cotterrell see Marx?

Answer 20

neither law nor the state have withered away

Question 21

How does Cotterrell see Weber?

Answer 21

gov puts regulation that might not always work together as a whole even if they do as individual

Question 22

What does Menkel-Meadow think?

Answer 22

There’s a need on reliance from other disciplines (sociology, anthropology…). Law is not individual but multi-disciplinary.

Question 23

What does Tamanaha think?

Answer 23

We have to look at everything around the law (law is everywhere/its not just about what’s on paper). Law can be used as an instrument/tool that is used to achieve certain goals.

Question 24

What are Tamanaha’s 3 key groups?

Answer 24

1. Legal sociologist
2. Socio-legal scholars
3. Critical legal studies

Question 25

What are the 2 historical origins according to Brophy and Blokhuis?

Answer 25

1. British critical legal studies
2. American Law and Society

Question 26

What do Brophy and Blokhuis think about Canada? (4)

Answer 26

1. Ambiguity of the meaning of legal studies
2. Interdisciplinary
3. Developing critical mindset and skills (outside law school)
4. Importance of distinctive training in research methods

Question 27

What are some functions that anthropology and sociology contributed to legal studies?

Answer 27

social control/authority/dispute resolution/social change

Question 28

What are some conceptions of law that anthropology and sociology contributed to legal studies? (4)

Answer 28

1. Formal system
2. Embodies explicit rules of conduct
3. Includes the planned use of sanctions to ensure compliance
4. Group of authorized officials designated to interpret the rules and apply sanctions to violators.

Question 29

What are some evolutions of legal systems that anthropology and sociology contributed to legal studies?

Answer 29

1. Primitive/traditional
2. Transitional
3. Modern

Question 30

What do legal studies do?

Answer 30

1. Questions the substance of the law.
2. Questions the way the rules are created/interpreted
3. Questions the way the law shapes/impacts society
4. Questions the roles of legal actors/institutions

Question 31

What is quantitative research?

Answer 31

stats eg the impact of sentencing laws

Question 32

What is qualitative research?

Answer 32

interviews eg impact of laws on attitudes