law3.9.26.06 - Law/society Lecture 3 September 26, 2006...

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Law/society Lecture 3 September 26, 2006 What do sociologists think/do when they look at the world/legal issues? What do lawyers think/do when they look at the world? - somewhere between these perspectives is the citizen - Legal Lawyers/academic jurisprudence o Reference back to the rules Specific kinds of rules that are codified and represent a long tradition. There is a certain way to look at a rule and different ways to interpret them o How much disagreement is there? Canada has an adversary assistant Crown makes the case that a criminal code rule was broken, a defence attorney to argue that the rule doesn’t take place in a particular situation o These two positions aren’t too far apart in terms of analysis Arguing over same rule, same evidence This is a training for profession in a sense that it is social action You are training someone to do a specific job It is weak because it lacks theory o There are principles (of common law, adversarial justice, etc.) but not really theory o How does a lawyer prove they are right compared to sociology By listing facts/precedents to strengthen arguments Case-oriented the more precedents you had, the more you could overwhelm the person you were trying to convince Wanted to prove something, whereas the method of sociology is to make a statement and disprove it The difference between sociology and law comes down to the fact that law doesn’t do what is central to sociology o Not systematic in assembling ideas you make the case and gather the facts, then let an objective third party decide Doesn’t have the empirical basis (accepted theories), not always about the social but about the rule - Sociologists o Laws reflect social norms society generates law
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o Law as an instrument of the state Ultimate representation of who we are as a political entity is represented by the state State, political economy grows from society and norms In institutions, what is law’s relation to issues like religion, family? From a conflict perspective, the state mediates the laws
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law3.9.26.06 - Law/society Lecture 3 September 26, 2006...

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