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test 1 book notes

test 1 book notes - Chapter 1 Law as a Normative System o...

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Chapter 1 Law as a Normative System: o The oldest and still most popular compelling vision of law is a moral one: Law to many people is a set of standards for human behavior that reflects and expresses societies deepest values Whenever we see to use law to achieve some social or political goal Durkheim argued that law is a direct expression of collective morality, in fact, the only valid evidence we have of people values Because of the obvious fact that different societies, groups, and individuals hold different values, law cannot be defined in terms or morality as such Law as a Game: o In which the winner is not the person with the superior moral position but the one who has the best command of the rules and the facts that pertain to a particular case o Game is played in a consistent and fair way o Law has been codified o 1- Allowed law to become formally autonomous from religion, political and other normative systems o 2- Its very much a lawyers game o 3- amoral law can breed cynicism- when an obsession with procedural technicalities appears to overwhelm the search for justice, the foundation of the institution itself may begin to erode Law as a normative system, law should exemplify core moral values, from the perspective of law as a game, law should strive for logical integrity and procedural regularity- both internal forms of law Sociology is an explanatory activity- law is inextricably a part of the social order. It coexists, interacts, and competes for resources with other kinds of institutions Law from a Sociological Perspective: o How law actually operated in the world- sociology of law is dedicated to studying the legal behavior of human groups o If you are to file a lawsuit, you do so not as an atomized individual but as a representative of a particular racial or ethnic group, gender, social class, sexual orientation, and occupation Group memberships are likely to affect what we expect from the law, how official legal actors respond to us, and how we interpret out encounters with legal institutions o Law as a Behavioral System: Sociologists look for patterns of behavior in social life- the are interested in the ways that some individuals, groups, organizations, and governments act differently than others- and the relationships among these entities System : enduring patterns of behavior, though they do not necessarily mean that behavior is systematically coordinated or efficient o Roles and Hierarchy: Role is a prescribes set of obligations and rights that are attached to a certain social position Roles make organized social life possible Formal role definitions generally produce more stable and predictable behavior because the role is distinct from the individual who performs it The capacity for improvising is called description Roles are arranged in hierarchies- some roles come with more power, authority, or prestige than others Hierarchical differences are always relational, not absolute
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