Sociology and law unit 1 (Sociology)

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Transcript of Sociology and law unit 1 (Sociology)

Origin of Sociology-1

ORIGIN OF SOCIOLOGY • Man was living in groups

• Scattered groups – dangers, insecurities

• Realized need of social awareness

Various stages of growth Theological ideas Faith in divine phenomena

Historical Retrospect

First Phase (Aristotle, Plato)◦ Studies of Family type◦ Customs◦ Problems of these times

Second Phase (6th to 14th century AD)◦ Philosophical analysis of social life◦ Shift from religion to logic

Third Phase (15th to 18th AD)

◦ Evolution of Sociology as a Discipline◦ Hobbes, Locke, Rousseau◦ Evolution of Society- Social Contract

Fourth Phase (Auguste Comte, 1798-1857)

◦ Scientific development◦ Sociology as a science◦ Differentiated social philosophy- Sociology

SOCIOLOGY AS A DISCIPLINE- 2

Yale University of USA – 1876 France – 1889 United Kingdom – 1907 Egypt – 1924 Sweden - 1947

SOCIOLOGY AS A DISCIPLINE

Bombay University – 1914 Calcutta – 1917 Poona University – 1930 Universities, Colleges - 1951

Development of Sociology in India:

Trends with Western Influence Trends with Traditional Influence Trends with Synthetic western and Traditional

Influence

Patterns of Development of Sociology in India

Nature of Sociology-3

THE NATURE OF SOCIOLOGY

• Sociology – scientific in nature

• Characteristics of Sociology

Sociology is a science, not a natural science◦ Objectives, empirical evidence◦ Not modelled on natural sciences◦ Subject matters of natural sciences - Static◦ Human behaviour - Dynamic

Characteristics

Sociology is a positive science, not a normative science:

◦ Not bothered for normative forms

◦ Study of what is, not what ought to beSociology is a pure science and applied science:

◦ It is theoretical

◦ Both theoretical and practical

Sociology is an abstract science, not a concrete science:

◦ Abstract science deals with thought

◦ Separate from what is real object

Sociology is a Rational and Empirical Science:

◦ Empiricism – Understanding based on experience◦ Based on observation and experiment.

Sociology is a general science:

◦ Economics, Politics – deal with particular aspect of society

◦ Sociology deals with social phenomena in a general manner

Sociology is a science of society Every science has systematic body of knowledge It generalizes, provides universal principles It investigates causal relationships It credits future events It is a science

Sociology for its Field◦ Deals with whole life of man◦ Social institutions◦ Customs, Rules, groups, communities

Lack of experimentation :◦ Experimentation cannot be done

Lack of objectivity:

◦ Not possible to measure, weight sentiments, emotions

◦ There is subjectivity - prejudices, likes and dislikes

Objections to Sociology being called a science

Lack of exactivity:◦ Generalizations are not so exact

◦ They are conditional

Not universal:◦ Conclusions not applicable everywhere

◦ Human behaviour differs from person to person and place to place

Sociology and Law-4

Role of Law : Means of Social control Controlling a balanced social system To determine mutual relationship To control social conflicts, tensions To protect properties Role to promote developmental activities To promote life and liberty To help smooth social change

Sociology and Law

Law and Social Change:

Law to suit to new situations

Law will allow for peaceful change

Laws to undergo change to meet societal needs

Law as an instrument of social change:

Law is a powerful instrument of social change

It induces new pattern of behaviour

Evil customs eliminated by law

Legislation to bring about social change:

Legislation to sustain social structure

Law as an agency of social control and social change

Legal code to be in conformity with social values

Law to lay emphasis on humanistic values Prohibition of Sati Act, 1829 Widow Remarriage Act, 1856 Prevention of Female Infanticide Act, 1870 Child Marriage Restraint Act, 1929 Social Change Envisaged with Constitution Constitution guarantees equality before law Article, 19- abolished untouchability Article, 24 -Child Labour Prohibited.

Humanistic Values

Relation between sociology and Law◦ Law: a set of rules, regulations enacted by state◦ W.B. Scot- Dictionary of Sociology ◦ System of standardized norms◦ Regulating human conduct and social control◦ Law enforced by formal public authority

Law and sociology◦ Law and sociology related to each other.◦ Sociology’s concern to maintain social solidarity◦ Law to control the social system

Deals with study of legal institutions in sociological concepts

Study of social norms – central to sociology

Sociological analysis of legal codes is long standing concern

Analysis of social roles of lawyer, judge, how they relate to structure of society in major aspect of sociology of law

Sociology of Law

Study of legal system functionally as a social instrument.

As part of social control, study of legal institutions, doctrines, precepts.

Law is specialized agency of social control. Task of social control-to achieve optimum

production least waste. Functional approach to the study of law described

as science of social engineering.

Sociological Jurisprudence

Based on existence of human society

◦ Durkheim

Solidarity of society depends on system of laws

He explained concepts of mechanical solidarity and organic solidarity

Laws of society are backbone of a nation.

Sociology and Law

Norms and values-5

Norms and values

Norms – meaning

◦ Norms – rules and regulations

◦ Norm is a social expectation

◦ It is a standard expected to conform

◦ Standards of group behaviours called Norms

Norms incorporate value judgment

◦ Buckman :

Members exhibit certain regularities

Such regularities are social norms

◦ Brown and Selznic:

Expected behavior, ideal behaviour

Model practices

Violation attracts punishment Norm-prescriptive proscriptive Prescriptive- require certain actions Proscriptive – prohibit certain actions

Social Norms and its sanctions

Characteristics They control social behavior They change from group to group Norms – relevance to sex, occupation, status

Functions and importance They regulate behavior They give cohesion to society They uphold values of society They influence thinking, attitudes

Individuals conformity to Norms:

By conformity, one gets cooperation

Receives rewards, praise

Punishments, reward promote conformity

Other reasons for conformity:

Robert Bierstadt

Indoctrination - The child taught in the family:◦ Process of socialization- believing norms the

right way Habituation:

◦ What is customary becomes habitual

Utility:◦ Norms, useful to all members – to the best

interests Group Identification:

◦ By conformity, we identify with the group

Prescriptive ◦ Rules to be followed

Proscriptive ◦ Norms tell us what we should not do

The ideal norms and practical norms◦ Ideal norms-these should be accepted◦ Practical norms – norms to be strictly followed

Classification of Norms

Folkways :◦ Recognized or accepted ways of behaving,

conventions, forms of etiquetteCustoms:

◦ Practices accepted as appropriate modes of behavior

◦ Religious holidays, ritualsMores:

◦ They are moral rules which society accepts for social well-being

Status and Role-6

Status:◦ Social position◦ Prestige, respect◦ High or low◦ Social evaluation

Relationship of office with status:◦ Status attached to office◦ Not to individuals

STATUS AND ROLE

Determinants of Status: 6 factors

Parsons Birth, possessions, personal qualities, Personal

achievement, power, authority

No permanency Changes with time, place Changes with office States relative, not absolute

Kinds or Types of status

Ascribed

◦ Based on sex, age, birth, heredity

◦ Cannot be changed

Achieved

◦ Education, vocation and profession

Distinction between ascribed and achieved status

◦ Ascribed – gift from society, by birth

◦ Achieved – personal efforts, capacities

Importance of advantages

◦ Respect, privileges

◦ Promotes responsibility

◦ Society develops

ROLE

◦ Behavior expected of an individual

◦ Socialization – role attitude Ascribed Role

◦ One acquires it automatically◦ By birth◦ No choice

Achieved Role◦ One has choice

◦ Occupational roles

Role conflict:◦ When two or more roles◦ Incompatible roles◦ Many roles in different groups

Distinction between status and Role:

◦ Status – A position◦ Role – behavioral aspect

Institution and Association-7

Institution :

◦ Men live in society

◦ To satisfy wants

◦ Form an organization

◦ Frame rules of procedure

INSTITUTION AND ASSOCIATION

Six features of institution Core values, functions, norms and standard,

Abstract, procedures, symbolic- wedding,flag.

Other characteristics: Fulfils needs Controls individuals Means of social work evolutionary

According to Hertzler

Institutionalization:◦ Patterns of behaviour legitimized◦ Accepted as right

Norm to be institutionalized - Three conditions:◦ People to accept◦ Take it seriously◦ Norm to be sanctioned

Functions and merits:

◦ To transfer culture

◦ Unity in behavior

◦ Governs relations

Demerits:

◦ Creates hurdles for development

◦ Fanaticism

◦ Difficulties for universal brotherhood

A group of people They must be organized Common purpose to peruse

Associations formed on several basis:Duration – Temporary association- flood relief association Permanent Association - State

ASSOCIATION

On the basis of power:

Sovereign association – State

Semi-sovereign association - University

Non-sovereign association – Clubs

On the basis of functions:

Biological functions – Family

Vocational functions – Teachers association

Recreation functions – Tennis club

Characteristics:◦ Human groups – for defined objects◦ Common interest◦ Cooperative spirit◦ Organization – to complete specific task◦ Laws – numbers to follow rules, regulations

Difference between Institution and Association:

◦ Structure - No structure

◦ Abstract - Concrete

◦ Evolutionary - Formed