law4.10.3.06 - Law/society Lecture 4 October 3, 2006 Notes...

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Law/society Lecture 4 October 3, 2006 Notes from last lecture have been posted on Blackboard Does legal scholarship contradict social ideas? - the sociological viewpoint, which is different than a legal viewpoint, will approach the study of law differently from that of a lawyer, and will approach it in a way that is different from how the public looks at law - the sociology of law starts with the premise that there is a social institution called law, and try to gain an understanding of it - sociology is concerned with the social, but there are disagreements as to what exactly the social is o language, symbols, institutions - legal academics aren’t always talking about the social, but perhaps a code, an abstract principle that leaves the discussion of the social out - sociology tries to be systematic – propose theories, pull things together in a broad perspective o focal points (power), construction translates into the idea that it will rely on general theory, past experiences/precedents - the key principle developers of sociology (Durkheim, Weber, Marx) were concerned about theory o law isn’t always on the same page with sociology - sociology has a commitment to the empirical o even if there is a rejection of the empirical, there is still a discussion of the role of evidence and observation (Crime)/Law as Property - community ideas of law/crime are interpreted differently by media representations, legal applications, political interpretations, academics what is truth? - The following types of truth are used in any discussion of the social: - the truth felt o in emotion o sociology minimized the role of emotion period of enlightenment what is real is what counts o current scholars argue that emotion/feeling must be taken into account new methods of participatory justice designed to get victim, community involved and to deal with the emotional impact of the law that has been systematically filtered out over time o social action
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- the truth told o from family, religion (especially important in the global economy with different views on secularism) o charismatic authority o comes from more subtle things filters down through media - the truth of reason o where law began – systematic development of codes (during the enlightenment) - the truth perceived through senses o the truth we see o truth of observation o made easier by systematic application of the rules of science, quantitative and qualitative techniques how is truth determined by law? How is truth determined by sociology? -
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This note was uploaded on 04/19/2008 for the course SOC 21- taught by Professor Forgetname during the Spring '08 term at University of Toronto- Toronto.

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law4.10.3.06 - Law/society Lecture 4 October 3, 2006 Notes...

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