ChapterNine - Law Justice and Society A Sociolegal Introduction Chapter 9 The Law and Social Control The Law and Social Control What Is Social Control

ChapterNine - Law Justice and Society A Sociolegal...

This preview shows page 1 - 11 out of 30 pages.

Law, Justice, and Society: A Sociolegal Introduction Chapter 9 The Law and Social Control
Image of page 1

Subscribe to view the full document.

The Law and Social Control Any action, deliberate or unconscious, that influences conduct toward conformity, whether or not the persons being influenced are aware of the process Primary function of law is to establish and maintain social control Why is social control necessary? 1. Peaceful coexistence 2. Predictable coexistence What Is Social Control?
Image of page 2
The Law and Social Control Anomie: a condition of relative normlessness Under anomie, individuals feel less pressure to conform Leads to deviance Note: anomie is a social construct not an individual attribute ( anomia ) Social control comprises all mechanisms at preventing anomie Durkheim and Anomie
Image of page 3

Subscribe to view the full document.

The Law and Social Control Law varies inversely with other forms of social control (Black 1976) The Law as a Social Control Mechanism
Image of page 4
The Law and Social Control The use of law is therefore a measure of the failure/success of other forms of social control Lawyers and litigation The Law as a Social Control Mechanism
Image of page 5

Subscribe to view the full document.

The Law and Social Control Direct/indirect and formal/informal direct/formal direct/informal indirect/formal indirect/informal Four-Fold Typology of Social Control
Image of page 6
The Law and Social Control Formal Informal Hester's arrest, trial and sentencing by agents of the state Social shame and ridicule suffered by Hester The threat of legal sanctions perceived by onlookers ("it could happen to me") Norms reinforced by viewing and participating in Hester's punishment Direct Indirect The Scarlet Letter— Hester Prynne
Image of page 7

Subscribe to view the full document.

The Law and Social Control Punishment expresses social condemnation Deterrence is a function of punishment: specific (*contrast effect) general Punishment and Deterrence
Image of page 8
The Law and Social Control Individuals have thresholds of deviance/normalcy—general deterrence keeps us from crossing that threshold (Plato and Gyges) General Deterrence - Does it work?
Image of page 9

Subscribe to view the full document.

The Law and Social Control Penal : subject to formal punishment; accusatory Therapeutic : subject to formal treatment; remedial Compensatory : payment of debt Conciliatory : fair and reasonable solution Black’s Styles of Social Control
Image of page 10
Image of page 11
  • Fall '10
  • staff
  • Law and Social Control

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes