Lecture 2: Foundations of Sociology of Law Flashcards

1
Q

what is sociology?

A
  • The study of human society
  • Organization of social groups
  • Social interactions of people
  • Meaning people give to social reality
  • Described as an “intellectual craft”
  • A systematic way of looking at social phenomena
  • Sociology draws on other fields like philosophy, history, psychology, political science, anthropology, economics, and law to build its understanding of society.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

roles

A

behavioural expectations (ex. Judges, lawyers)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

statuses

A

social positions (ex. Judges > police officers)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

norms

A

rules (ex. Follow the constitution, rise for judges)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

values

A

standards (ex. Honesty, fairness)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

ideology

A

shared beliefs (ex. Life, liberty, and the pursuit of happiness)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

legislators

A

create laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

judges

A

interpret laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

lawyers

A

represent clients

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

police officers

A

enforce laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

sociological tools

A
  • Sociologists use tools to study society, its institutions, and social structures
  • Tools are often intangible and abstract, reflecting the nature of the subject matter
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

3 main sociological tools

A
  • concepts
  • theories
  • paradigms
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

concepts

A
  • Ideas representing key features of the social world
  • Often take the form of words or phrases
  • Ex. justice, deviance, authority, social control
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

theories

A
  • A set of interrelated statements or propositions that explain patterns of behaviour and societal phenomena
  • Answer broad social questions
  • Why do some people obey the law while others violate it?
  • How does societal change influence the law?
  • Do certain groups benefit more from legislation than others?
  • Theories can be formal or informal, structured or unstructured
  • In socio-legal studies, any scholarly effort to explain phenomena can be considered a theory
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

paradigms

A
  • Theoretical perspectives, schools of thought, or intellectual traditions
  • Provide orientations and assumptions about the nature of people and society
  • Sociology is a multiple-paradigm science due to its many competing perspectives: mass production of manufactured goods
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

examples of paradigms

A
  • Structural-functionalism: focuses on how institutions maintain stability and order
  • Conflict theory: examine power struggles and inequality in society
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

limitations of paradigms

A
  • No single paradigm is comprehensive; each offers a partial view of social reality.
  • Nothing is ever certain.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Three “pure” types of society

A
  • premodern
  • modern
  • post-modern
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

premodernity

A
  • traditional, agrarian, and rooted in community values
  • Western societies before the 18th century
  • Some contemporary nonindustrialized parts of Asia, Africa, and Latin America
  • Guiding ideologies
  • Religious ideology: social phenomena are seen as mystical or supernatural
  • Heroic ideology: status based on charisma, wisdom, and inspiration
  • Social structure: Organized by inherited status and sacred authority
  • Key figures: warriors, priests, prophets, kings, tribal chiefs, patriarchs, landowners, and judges
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

modernism

A
  • industrial, characterized by rationality, individualism, and progress
  • Western society from the 18th century to the mid-20th century
  • Dominated by science and technology (vs. religion and magic in premodernity)
  • Emphasis on:
  • Rationality: reason, logic, and observation explain social phenomena
  • Calculability: focus on efficiency and predictability
  • Indus
  • Economy: capitalist
  • Politics: Liberal
  • Law: formal, emphasizing private rights and property
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

post-modernity

A
  • Post-industrial, fragmented, and influenced by culturally diverse perspectives
  • Characterizes Western society since the mid-20th century
  • Difficult to define as it is still evolving
22
Q

characteristics of post-modernity

A
  • Reflexivity: circular communication and observation within specialized communities
  • Multiplicity of meanings: competing ideologies, discredited narratives, and relative truths
  • Paradoxes and contradictions: blurring traditional boundaries
  • Social differentiation: Narrow specializations and sub-specializations
  • Communities with distinct languages are unable to communicate effectively with others
  • Fragmentation and integration of incompatible viewpoints and lifestyles
  • Blurred boundaries make social reality incoherent and uncertain
  • Irrationality of rationality: Excessive emphasis on rationality becomes counterproductive
  • Bureaucratic systems become overly technical but less efficient
23
Q

impact of post-modernity

A
  • Relationships are mechanical, instrumental, and autonomous.
  • Postmodern society is a fragmented caricature of the past
24
Q

what is sociology of law?

A
  • The relationship between law and society
  • The social organization of the legal institution as an order or system
  • Social interactions involving legal representatives (police, lawyers, judges, legislators)
  • The meanings people assign to their legal reality
25
Q

two main periods of development in sociology of law

A
  • 1950s-1970s: foundational growth
  • 1980s-1990s: intellectual maturation
26
Q

1950s-1970s

A
  • European influence
  • Inspired by the works of:
    Eugen Ehrlich (1936) legal scholar
    Nicholas S. Timasheff (1939) sociologist
    Georges Gurvitch (1942) sociologist and jurist
  • Translations of Max Weber’s works, including Max Weber on Law in Economy and Society introduced Weber’s legal thought to American sociology
  • Key publications:
    Law and Morality (1955): Leon Petrazycki’s psychosocial legal theory (largely ignored but noted by some scholars)
  • Limited focus on law in sociology:
    E. James Davis (1955): found limited emphasis on law in psychology texts
  • Sociological theory books included more on law than introductory texts
  • Many theorists omitted law entirely
  • Philip Selznick’s contributions: assessed the sociology of law and outlined 3 stages of its intellectual development
27
Q

3 stages by Selznick

A
  • Stage 1: primitive or missionary stage
  • Stage 2: sociological craftsman stage
  • Stage 3: advanced stage
28
Q

Stage 1: primitive or missionary stage definition

A

The initial phase in the development of legal sociology
Focused on formulating a theoretical perspective for the study of law

29
Q

Stage 1: primitive or missionary stage characteristics

A
  • Described a “not-very-sophisticated” sociological perspective
  • Introduced into legal studies by:
  • American legal scholars influenced by European thought
  • Appellate judges (higher court judges) who articulated sociological ideas
    Eugen Ehrlich
    Nicholas Timasheff
    Georges Gurvitch
    Leon Petrazycki
30
Q

Stage 2: sociological craftsman stage

A
  • Applying sociological concepts and theories to address practical legal problems
  • Methodology: sociologists utilize survey and experimental research methods to analyze and solve issues within the legal system
31
Q

Stage 3: advanced stage

A
  • Sociologists explore the meaning of legality, assess its moral authority, and clarify the role of social science in fostering a just society.
  • This stage aligns with the rise of critical legal studies, which challenge traditional legal doctrines and highlight the law’s role in perpetuating power dynamics.
32
Q

Law and Society Association (1964)

A
  • Founded to promote interdisciplinary dialogue between social scientists and legal professionals
  • Law and Society Review: establish as its major journal to serve as a forum for this dialogue
  • Skolnick reviewed the major empirical work in sociolegal studies from the previous decade
  • The extensive review highlighted the growing richness of the field
33
Q

Key publications of 1968

A
  • Phillip Selznick: Entry on “The Sociology of Law” in the International Encyclopedia of the Social Sciences
  • Renator Treves and J.F. Glastra Van Loon: Norms and Actions: National Reports on Sociology of Law examined sociolegal research across multiple countries
  • Edwin M. Schur: published the popular textbook Law and Society: A Sociological View, further enhancing legal sociology’s visibility
34
Q

Donald Black’s perspective (1972)

A
  • Advocated for a “pure” sociology of law focused on scientifically analyzing legal life
  • Aimed to develop a general theory of law to predict and explain all legal behaviour
  • The sociology of law should be conceptual, objective, and scientific
  • Free from values, morality, and politics
35
Q

Criticisms of applied sociology:

A
  • Opposed sociologists focus on policy implications, legal reforms, and evaluating the effectiveness of laws
  • Argued that this approach confuses scientific policy questions and hinders the field’s development
36
Q

valid knowledge

A

derived only from social phenomena with objective reality

37
Q

value neutrality

A

knowledge can only be obtained free from values and biases

38
Q

Nonet on positivism

A

Nonet (1976) opposed Black positivist’s approach and advocated for a morally informed sociology of law

39
Q

four key elements of the normative approach

A
  1. consider normative issues
  2. policy relevance
  3. legal literacy
  4. integration of jurisprudence and policy analysis
40
Q

consider normative issues

A
  • Address legal, political, historical issues, and values
  • Go beyond quantitative studies to examine the adequacy, effectiveness, and limitations of social arrangements
41
Q

policy relevance

A

Every sociological project must have practical utility and contribute to policy

42
Q

legal literacy

A

Sociologists studying law must understand legal ideas and arguments important to lawyers

43
Q

integration of jurisprudence and policy analysis

A
  • Link moral dilemmas in jurisprudence to evaluative research on policy
  • Nonet calls for a “jurisprudential sociology” that bridges social science, jurisprudence, and policy concerns
44
Q

Cesare Beccaria

A
  • Founder of the classical school of criminology
  • Beccaria’s ideas laid the foundation for modern criminology and legal sociology
  • His proposals have shaped the legal and penal systems worldwide, including the U.S.
45
Q

Beccaria’s renowed work

A
  • On Crimes and Punishments (1764)
  • Shaped by key Enlightenment ideals
  • Inspired by Enlightenment philosophers like Hobbes, Locke, Montesquieu, Voltaire, and Rousseau
46
Q

On Crimes and Punishments (1764)

A
  • Written at age 26, first published anonymously
  • Criticized the brutal legal and penal abuses of 18th-century Europe
  • Called for radical reforms in criminal justice and procedures
47
Q

key enlightenment ideals that shaped Beccaria

A
  • Reason and humanitarianism
  • Search for knowledge, freedom, and happiness
  • Critique of the existing social order
48
Q

society as contractual

A
  • Individuals surrender certain freedoms to the state in exchange for peace and security
  • Citizens agree to:
    Refrain from harmful actions (obligations)
    & Receive protections that benefit everyone (entitlements)
49
Q

the social contract

A
  • The social contract prevents chaos and ensures social order
  • Thomas Hobbes describes the alternative as a “war of all against all”
50
Q

utalitarian basis of the social contract

A

Social, political, and legal actions aim to achieve the greatest good for the greatest number

51
Q

laws and the social contract

A
  • Law specify the terms of the social contract
  • Breaches of the contract (lawbreaking) require punishment to:
  • Instill fear in offenders
  • Deter future violations by others
  • Surveillance