slow gradual change primitiverepressive criminal law complexrestitution civil

Slow gradual change primitiverepressive criminal law

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slow gradual change - “primitive”=repressive (criminal) law; “complex”=restitution (civil) law Key functionalist ideas Social facts : 2 key aspects of functionalism: beyond individuals-external; constraining or shaping Whose idea is this? Durkheim Normal & necessary: what do these mean? it is normal for crime to happen and crime is necessary to promote social change/social order Positive functions of deviance and crime (n=4): (crime as “useful”) What does Durkheim mean by “positive function”? crime has useful functions to society overall 1) Boundary setting 2) Solidarity 3) Innovation 4) Tension reduction Deviance and crime as “ normal ”: what does this mean? (Link to evolutionism!) crime is normal as it exists in all societies. Deviance and crime as “ necessary ”: what does this mean? (Link to evolutionism!) crime is necessary for society to evolve; without crime and deviance-can’t evolve (innovation) Law and types of society Mechanical vs. organic solidarity: what are they? Mechanical- simple societies (pre-industrial revolution); Organic- more complex societies (industrial revolution) How are forms of solidarity linked to types of law? group solidarity=more complex laws (restitution) Repressive vs. restitutive law : how do they differ? how do they link solidarity? Suicide: what did Durkheim find? Repressive law- societies with mechanical solidarity. Restitutive law- organic solidarity society. Societies that are simple and have simple law systems have mechanical solidarity and repressive laws that often involve shaming as a punishment. Societies that have more complex law systems have organic solidarity and restitutive law which centers more on rehabilitation. 4. ANOMIE and STRAIN (B&M)
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SOC 368 Midterm Study Guide, Winter 2016: 27 How is anomie theory related to functionalism? macro; crime has a function Does it rely on a conflict or consensus model of society? consensus Anomie : what is it? lack of the usual social or ethical standards (lack of norms) in an individual or group Where does it come from? Durkheim How does Merton’s notion of anomie compare to Durkheim’s? Anomie was used by Durkheim to describe the `normlessness' state, which he says occurs when these ties holding us together are weakened, broken, non-existent or, not regular enough to allow the norms to be maintained or established. we become more individual for Merton, a state of anomie is not a state when people are unsure about norms, but one where they tend to ignore them, in pursuit of the socially prescribed goals. He argues that this state is a normal consequence of a society where there is a strain between the society's goals and the means available for their achievement. ( hint : acute vs. chronic condition, society wide or not) Ends : what are they? the culturally accepted goals Why do they matter? everyone should try to achieve this The American Dream: how is it relevant here? example of accepted goal in US Means: what are they? how we get to the goal Why do they matter? not everyone has access to the means to achieve the goal ($, edu, etc)
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  • Winter '08
  • Morenoff
  • property¬†crime

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