Exam 1 Notes - The Behavior of Law By Donald Black In...

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The Behavior of Law By: Donald Black 1-16-2008 In preface IX X- scientific theory of the law, consists of a series of propositions in an additive fashion made up theory. -His theories are based on a set of propositions (statement of a relationship between variables) - Variable- concept of interest, change depending on who is looking or particular interest. (gender, age, race, occupation, income, power, prestige, level of education, political party) Called a variable because the qualities, attributes, characteristics of these concepts change or vary. Set into categories. E.g. Gender- male v. female Age- young/ old, do it by groups of ages. In regard to law may be useful to classify: legal adult v. minor Goal to measure, quantify, individuals based on their attributes. -When Donald Black talks about positive relationships he uses the terms direct and when he’s talking about negative relationships he uses the words inverse. -Blacks major conflict of interest or major variable is the law; the book is called the behavior of law. He is concerned with how the law acts/behaves -There are also other variables of interest to him such as stratification (pages 1 and 2), morphology, cultures, organization, and social control/other social control -As you are reading you don’t think they are the variables but he’s telling you hey these are my variables -The dependent variable is the behavior of law and its independent variable is stratification -The dependent variable is the behavior of law and its independent variable is morphology -The dependent variable is the behavior of law and its independent variable is culture -The dependent variable is the behavior of law and its independent variable is organization -The dependent variable is the behavior of law and its independent variable is other social control -This provides you with the organizational format of this book; the chapters are organized based on one single independent variable and its effects on the behavior of law -Black describes stratification as a vertical aspect of having multiple tiers/layers and people are unequally separated. -Morphology is the horizontal aspect of social life. -Culture is the symbolic aspect of life -Organization is the corporate aspect -Other social control is the normative aspect/rules and regulations ****-Donald Blacks definition of law is that it is governmental social control -You need to know these six variables of Donald Black and remember his definition of what constitutes law. January 16, 2008 In preface IX X- scientific theory of the law, consists of a series of propositions in an additive
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fashion made up theory. o Proposition- a statement about the relationship between variables. o Variable- concept of interest, change depending on who is looking or particular interest.
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