nature of law and legal systems class 1. administrative give quiz discussion of case presentation...
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Nature of Law and Legal Systems
Class 1
Administrative
Give quiz
Discussion of case presentation assignment
Topics to add to case presentation list?
Review
What is law
What makes behavior illegal
Why people obey the law
Today
I. Why do sociologists study law and legal systems?
II. What functions does the law serve?
III. Different legal systems
I. Why Do Sociologists Study the Law and Legal Systems?
What aspects of sociological inquiry lead to the study of the law? Law as a key set of norms in society Law as a source of authority Law provides insights into the values of
society and how they change
I. Why Do Sociologists Study Law and Legal Systems?
How is the way sociologists study law different from the way attorneys study it?
What does Mertz mean when she says that “…social creations provides a useful counterpoint to the static, prefigured conceptions of individuals and groups in many legal narratives.”
II. What Functions Does the Law Serve?
What would a society without law look like? How would it operate?
What is anarchy? Law as a mechanism for social control Law as a mechanism for dispute
settlement Law as a means of social change
III. Different Legal Systems
Criminal Law
Civil Law
Next Time
Read Jeffrey Toobin, “Annals of Law: The Solace of Oblivion”
For class discussion
Nature of Law and Legal Systems
Class 2
Administrative
Any Questions?
Remember you need to keep track of quizzes, journal due dates, etc.
Review
Why sociologists study law
Functions of Law
Criminal Law v. Civil Law
Today
I. Functions of Law – The Death PenaltyII. Arguments for and against capital
punishmentIII. Social Science and the arguments on
both sidesIV. Functions of Law – Free Speech versus
PrivacyV. Should we shift the balance in the
USA?
I. Functions of Law – The Death Penalty
We indicated that law has three basic functions Social Control Dispute Resolution Social Change
Which one(s) of the three does the death penalty serve? Why?
II. Arguments for and against capital punishment
Arguments in favor Justice – “an eye for an eye” Vengeance Deterrence Protection of society from further crimes by
those convicted - incapacitation Why continue to support those who commit
heinous acts? What do you do with criminals who have
already committed crimes that will result in life terms?
Life without parole is crueler
II. Arguments for and against capital punishment
Arguments against No one has the right to take a life Civilized societies have abolished the
death penalty No deterrence Possibility of error
III. Social Science and the arguments on both sides
Which of the arguments for and against the death penalty have elements of social science?
What kinds of evidence might we try to collect to cast light on those arguments?
III. Social Science and the arguments on both sides
Donahue and Wolfers bring statistical analysis to the deterrence controversy
What kinds of experiment could we devise, if it were possible to do it, that would cast light on this question?
How about on other questions susceptible to social science analysis?
IV. Functions of Law – Free Speech v. Privacy
What differences of emphasis on these rights does Toobin discuss?
What specific incidents does he give as examples?
V. Should we shift the balance in the USA
What would change if we created a more explicit right to privacy?
How about internet privacy? What kinds of studies or tests could
we do to measure the effect? Should we do so? Why or why not?
Next Time
Theoretical Perspectives on Law