Review for In Class Essay 1.docx - Sociology 4830 \u2013 In Class Essay 1 Course Reader The Origins of Law Structure(pages 17 \u2013 28 Law grows out of

Review for In Class Essay 1.docx - Sociology 4830 – In...

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Sociology 4830 – In Class Essay 1 Course Reader: The Origins of Law: Structure (pages 17 – 28) Law grows out of custom Natural law o Law either comes from the word of God or law is inevitable rules Social structure – the analysis of society as a system with systematically structured needs for the preservation of organized activity SUMMARY: Structuralist viewpoint: o Law and legal forms are the necessary result of the way a social unit is structured In order for a social unit to survive and operate, it has to have regular ways of absorbing and defusing structure- threatening danger of conflict From this view: Different legal systems are the result of differences in social structures o Inequality in a legal system is a direct result of inequalities that already existed within the society Important to consider both structure and culture in order to construct a complete picture of any social system In Class Notes (August 23) 3 Dominant Perspectives: o 1. Cultural – law as a reflection of cultural beliefs, values, norms / customs o 2. Structural – law functions to resolve disputes and build social harmony o 3. Conflict – law is a tool of oppression and exploitation Law Serves Functional Imperative Coordination (traffic laws) Conflict resolution (property laws) Social control (drunk driving law) Structural Equivalent In any given society, law may serve a functional imperative, but it is not the only possible structure to serve such an imperative Law has structural equivalents
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o Ex. Educational system is an institution of social control Structuralists Argue : Larger population size greater complexity of law More simplex relations more complex legal system Types of Relations Multiplex: o
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