law8.10.31.06 - Law/Society Lecture October 31, 2006...

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Law/Society Lecture October 31, 2006 Conflict vs. consensus approaches: General considerations affecting agencies of social control comparison of chapters 2 and 3 overview of Durkheimean and Marxist approaches to the study of law consensus theory: Durkheim’s perspective conflict: Marxism two viewpoints about law - law has many functions in society o represents a code that summarizes our most important rules - consensus o law is a rational response to real problems in need of solutions INSTRUMENTAL VIEW the law is a tool used to fix things within society o law represents a value consensus and is a symbolic representation of needs, feelings, fears and hopes as problem solving EXPRESSIVE VIEWPOINT sometimes we make laws that express what we want to happen in society links back to Durkheim’s ideas i.e. gun control in Canada may fall into this category symbolic statement: we don’t want a society based on the acceptance of violence law is necessary not because it is guaranteed to fix something
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law8.10.31.06 - Law/Society Lecture October 31, 2006...

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