law6.10.17.06 - Law and society Lecture 6 Course reader...

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Law and society Lecture 6 October 17, 2006 Course reader available at 180 Bloor street (about $60) Quiz next week on “Why must legal ideas be interpreted sociologically”, “Durkheim on legal development and social solidarity” and “Moral development…” (in course reader) Chapter two and three are about Durkheim and Marx - both say nothing directly about law - to find out what Durkheim and Marx said about law, interpretation of other work is required o both chapters try to go beneath the surface of their works to find their viewpoints on law - Sutton comes around to several major themes o Involves the meaning and importance of law in society Durkheim’s idea of “social - 2 broad forces o regulation in Durkheim’s sense, something concrete and practical rules (important to making us social) how do they define who we are? Define membership? o Integration Forces of integration Durkheim saw this as different from the rules More symbolic than concrete Remember Durkheim because of his way to pinpoint why we are connected in broad network types of ways - In Durkheim’s perspective, regulation and integration are both at play in all the things that make us social - In chapter 3, we are given the story of Marx o In many ways, Marx’s ideas were discredited as being simplistic People kept going back to Marx to elaborate on his ideas with respect to what controls our lives, determines who we are and where we go. To Marx, the power of regulation is the more powerful factor The power of rules as defined by a specific structure (linked to economic forces capitalism) o Clear definitions of what is and is not legal The rules that come into place are there to serve someone’s purpose o Given examples of how feudal societies industrialized o Focused on the concrete – the rules and how they worked
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o What Marx is weak at is how he dealt with the other issues of how we are connected Not good at talking about the symbolic aspect of the social His ideas aren’t all that useful in helping us understand why we believe certain things, even if they aren’t in our best interests o Gramsci why do people believe certain things when they serve others more than them? Later theorists discussed in the chapter try to involve the symbolic aspect in Marx’s theories Created the term “hegemony” Represents the idea that there are a set of values/a world view that we buy into and is created by forces where those pushing the viewpoint have their own agenda that serves their own needs better than people who come to believe certain things Realized that in the Marxist perspective with so much focus on concrete issues (like the economy), the other reasons we are connected aren’t accounted for Takes a narrow view of how the law operates Durkheim and Solidarity - primitive mechanical solidarity o rules were clear, specific o idea of the sacred if we accept our connection as important, it binds us
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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.

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law6.10.17.06 - Law and society Lecture 6 Course reader...

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