sociology of law studyguide 2-6

sociology of law studyguide 2-6 - Chpater 2 Part 1 Marx...

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Chpater 2 Part 1 Marx Weber and the rationalization of law Weber o Scoiology: How to study society? o Society-what is the central characteristic of (modern) society? o Law: what is the central characteristic of (modern) law? o Theory of society: rationalization—basic thesis modern society is purposely/formally rationalized Manifestations 1) Political system=rationalized: o Modern State->large territory->many functions! Ensure safety within country-police Many functions include: Protect the country (military) Education Taxation (IRS) o Modern state:functionality specialized, repartments=bureaucracies 2) science: modern science is based on empirial evidence o Observation experiment! Belief, religion, tradition
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3) Culture: music (notaion music theory): learn/teach ->technique-skill o Knowledge 4) Economy: capitalist conduct/interactions o Guided by effiency E.g a seller that meets a buyer Seller->buyer Buyer<-Seller E.g. Second Hand Car—you area dad and you buy a new car and give the old one to your daughter at a cheaper price Capitalist conduct was based on Protestantism->Calvinism-work ethic-> money, that you either save or invest Conclusion: thereis rationalization of society in al spheres and institutions these developments are mutually einforcing!!! >< Marx: economy -> everything else Weber: multi-dimensional influences Sociological perspective of Weber (1864-1920) o Society is all about interactions o A->B B<-A o The interactions are guided by motives o So therefore human interactions to him are meaningful o DEF: methodology
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Oriented at uncovering the motives in interactions Versteten-understanding how to study the transformation of society Conception of essential characteristics o Referred to by Weber as an ideal type E.g. definition of law E.g. rationality in society o Reasons of conduct: Traditional rationality: conduct is based on tradition Affective rationality: conduct is based on emotions Value rationality: conduct is based on values (intrinsically meaningful) Purpose rationality: conduct is based to attain a purpose=most effective! * Example - Purpose of rational would be you take the car because it would be faster than the bike. But if there is an accident and you are stuck in traffic jam for an hour you could get through this on a bike so then the cost would be not effective. * Rationality in Society : in modern societies-purpose rationality loves dominant e.g. effiency is not necessarily effectiveness E.g. we buy a new key for door and lose it
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E.g. Technology-crime control-You gain security but you lose privacy—you have a higher sense of fear of crime because of the crime control technology The Rationality of Law Define Law o Custom o Convention: informal guarantee-making public disapproval Substantive (substance-content:values) Substantive law can be rational or irrational o Specific non legal facts (irrational) an example of this would be religiousity of legal subjects o General, non legal principles (rational), e.g.
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