Lecture 2: Foundations of Sociology of Law Flashcards
what is sociology?
- 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.
roles
behavioural expectations (ex. Judges, lawyers)
statuses
social positions (ex. Judges > police officers)
norms
rules (ex. Follow the constitution, rise for judges)
values
standards (ex. Honesty, fairness)
ideology
shared beliefs (ex. Life, liberty, and the pursuit of happiness)
legislators
create laws
judges
interpret laws
lawyers
represent clients
police officers
enforce laws
sociological tools
- Sociologists use tools to study society, its institutions, and social structures
- Tools are often intangible and abstract, reflecting the nature of the subject matter
3 main sociological tools
- concepts
- theories
- paradigms
concepts
- Ideas representing key features of the social world
- Often take the form of words or phrases
- Ex. justice, deviance, authority, social control
theories
- 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
paradigms
- 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
examples of paradigms
- Structural-functionalism: focuses on how institutions maintain stability and order
- Conflict theory: examine power struggles and inequality in society
limitations of paradigms
- No single paradigm is comprehensive; each offers a partial view of social reality.
- Nothing is ever certain.
Three “pure” types of society
- premodern
- modern
- post-modern
premodernity
- 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
modernism
- 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
post-modernity
- 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
characteristics of post-modernity
- 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
impact of post-modernity
- Relationships are mechanical, instrumental, and autonomous.
- Postmodern society is a fragmented caricature of the past
what is sociology of law?
- 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
two main periods of development in sociology of law
- 1950s-1970s: foundational growth
- 1980s-1990s: intellectual maturation
1950s-1970s
- 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
3 stages by Selznick
- Stage 1: primitive or missionary stage
- Stage 2: sociological craftsman stage
- Stage 3: advanced stage
Stage 1: primitive or missionary stage definition
The initial phase in the development of legal sociology
Focused on formulating a theoretical perspective for the study of law
Stage 1: primitive or missionary stage characteristics
- 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
Stage 2: sociological craftsman stage
- 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
Stage 3: advanced stage
- 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.
Law and Society Association (1964)
- 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
Key publications of 1968
- 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
Donald Black’s perspective (1972)
- 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
Criticisms of applied sociology:
- 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
valid knowledge
derived only from social phenomena with objective reality
value neutrality
knowledge can only be obtained free from values and biases
Nonet on positivism
Nonet (1976) opposed Black positivist’s approach and advocated for a morally informed sociology of law
four key elements of the normative approach
- consider normative issues
- policy relevance
- legal literacy
- integration of jurisprudence and policy analysis
consider normative issues
- Address legal, political, historical issues, and values
- Go beyond quantitative studies to examine the adequacy, effectiveness, and limitations of social arrangements
policy relevance
Every sociological project must have practical utility and contribute to policy
legal literacy
Sociologists studying law must understand legal ideas and arguments important to lawyers
integration of jurisprudence and policy analysis
- Link moral dilemmas in jurisprudence to evaluative research on policy
- Nonet calls for a “jurisprudential sociology” that bridges social science, jurisprudence, and policy concerns
Cesare Beccaria
- 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.
Beccaria’s renowed work
- On Crimes and Punishments (1764)
- Shaped by key Enlightenment ideals
- Inspired by Enlightenment philosophers like Hobbes, Locke, Montesquieu, Voltaire, and Rousseau
On Crimes and Punishments (1764)
- 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
key enlightenment ideals that shaped Beccaria
- Reason and humanitarianism
- Search for knowledge, freedom, and happiness
- Critique of the existing social order
society as contractual
- 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)
the social contract
- The social contract prevents chaos and ensures social order
- Thomas Hobbes describes the alternative as a “war of all against all”
utalitarian basis of the social contract
Social, political, and legal actions aim to achieve the greatest good for the greatest number
laws and the social contract
- 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