Morales Legal Studies and Sociology 641 lecture outlines

Morales Legal Studies and Sociology 641 lecture outlines -...

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Morales Legal Studies and Sociology 641 lecture outlines Day 8 I. Where we’ve been, where we’re going. How is social order manifested in societies around the world? If we learn this we can learn how individual behavior is linked to institutional ideas and we can see how law and legal expectations create stability and conflict and we can discover how order is created without law. In the next four weeks you will learn about social order, especially as manifested in property rights. These four weeks will…describe order, property in particular and explanations for how order/property is established and changes in various empirical settings. a. What about order? Our minds impose order whether we like it or not. i. Is a big party ordered or chaotic? It partly depends on perspective. b. Order and Change are basic facts of society, we behave according to the role we play… c. Order is an ongoing accomplishment, it is not something established once and for all. Stability and flexibility characterize order. i. Order is found in face-to-face relationships, business relationships, religion, international organizations, etc. etc. Each changes, but also incorporates stable expectations into interactions ii. Some thinkers about order include those we’ve discussed 1. Montesquieu recognized order varies from place to place 2. Hobbes, power produces order 3. Marx saw order as imposed by economic activities, social order was subordinated to economic needs 4. Durkheim, shared norms 5. Mead, learn institutional rules by communication, vary those rules according to interests. d. Order and change. i. Theory needs to understand order and change. e. Evaluation Day 9 I. Order and property, where we’ve been, where we’re going. Social order manifested in societies around the world? If we learn this we can learn how individual behavior is linked to institutional ideas and we can see how law and legal expectations create stability and conflict and we can discover how order is created without law. Empirical problem of order in various societies, property, title, in terms of housing or business, fleeting order of shoveling snow or selling newspapers, more persistent, problem of stability and flexibility a. Property, what is it? i. Definition of ii. Private and public
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b. What are some characteristics of property? i. First, it relates to work. ii. Second, it accrues to legal individuals. iii. Third, it’s found in various laws and customs iv. Fourth, it is a bundle of four rights: 1. control 2. benefit, 3. transfer 4. exclude v. Legal systems evolved to deal with property vi. Holmes statement is a classic: vii. From Adam Smith we get some other important ideas viii. Here a some views of property: ix. Here are some modifications of the general bundle of rights: 1. usufruct 2. variations on single ownership x. Property in non-western society Day 10 I. Where we’ve been, order manifests in various ways, conditioned on the one hand by interaction and on the other hand by psychological
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This note was uploaded on 04/27/2008 for the course LEGAL ST 641 taught by Professor Morales during the Fall '06 term at University of Wisconsin Colleges Online.

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Morales Legal Studies and Sociology 641 lecture outlines -...

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