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SOC 465 – LAW AND CHEMICAL DEPENDENCY NOTES I. Introduction A. What is law? 1. Rules made by the government 2. Substantive rule, procedure rules a. procedure rules are ones that tell one how to enforce substantive rules B. Sources of law 1. U.S. Constitution, Statutes, law of torts, administrative law a. Tort is an injury that is physical, financial, psychological when someone violates a duty that they owe you b. Administrative law are laws created by government administrations (FDA) C. The Lawsuit 1. Criminal Suit a. Involves an alleged violation of a criminal statute b. Defendant v. prosecutor 2. Civil Suit a. Everything else that is not criminal b. Plaintiff (parties who are injured) II. Labeling, Chemical Dependency, and the Law A. Deviance 1. behavior that is condemned to a particular degree 2. The 3 kinds of deviance a. enemy, sick, repent b. enemy – blameworthy, sick – cause great harm to others or themselves but have no blameworthiness or diminished blameworthiness, repent – individual claims their act was the result of a moral lapse (normally I never do this) c. only the enemy deviant deserve punishment B. Attaching the deviant label 1. Consensus analysis – based on the notion that a lot of us believe you are causing great harm a. Physical harm – liver damaged; psychological harm; financial harm – no longer productive, spending too much on drugs or alcohol; social harm – crimes 2. Conflict analysis: the struggle for power, social status a. Conflicts over lifestyles b. A Case Study: Prohibition 1) Time after civil war brought in many immigrants that were catholic and Jew, created great religious prejudice C. Relabeling Deviance 1. What are the three Relabeling strategies?
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a. Treatment by professionals, organized group of deviant who change the way others view them, self help group or mutual aid 2. A case study: AA a. Self help program b. Encourages repent deviant III. What role should law play in addressing chemical dependency A. The “minimal” state – the notion of small government 1. When is legal intervention justified? a. Only when you harm others in a very tangible way 2. What are the justifications for this limited involvement in a person’s life? a. Government is NOT going to protect you, have control over your own destinies – when you allow individuals to make their own decisions, you create the greatest good for the greatest number 3. What are the weaknesses of this rationale? a. Doesn’t really recognize the interdependence of people, you would be remembered as burden of a loss B. The Paternalistic/Therapeutic State 1. When is legal intervention justified? a. When a crime is committed 2. What are the rationales for this extensive intervention in a person’s life? a.
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This note was uploaded on 04/17/2008 for the course SOC 465 taught by Professor Roberson during the Spring '08 term at Minnesota State University, Mankato.

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