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SOCI 3085SOCI 3085Lecture #1Lecture #1

1. 1. Course Administration

• course outline• what is the ‘sociology of law’?• why law is important to study• absolutist versus relativist perspectives on law• who is responsible for ‘the law’• the fragile nature of law and order

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2. 2. Boyd - The Role of LawBoyd - The Role of Law

• law as a ‘living’ thing – law as a ‘living’ thing –

•the ‘social construction’ of law - law is a productthe ‘social construction’ of law - law is a product of human minds, arising out of social interaction of human minds, arising out of social interaction

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3. 3. Law and SocietyLaw and Society

• social structure and social institutionssocial structure and social institutions• beliefs, values, folkways, norms and moresbeliefs, values, folkways, norms and mores• informal and formal norms/moresinformal and formal norms/mores• traditional versus modern societies - e.g. traditional versus modern societies - e.g. Tonnies - gemeinschaft and gesellschaftTonnies - gemeinschaft and gesellschaft• Maine: status versus contract type societiesMaine: status versus contract type societies

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3. 3. Law and SocietyLaw and Society (cont’d) (cont’d)

• the growth of law in modern societies:the growth of law in modern societies: births, marriages, separation, divorcebirths, marriages, separation, divorce death, drinking age, legal agedeath, drinking age, legal age driver’s licences, professional licences,driver’s licences, professional licences, apprenticeships, hunting, boatingapprenticeships, hunting, boating housing, length of school attendance, housing, length of school attendance, guardianship, parental responsibility,guardianship, parental responsibility, criminal offences, provincial offencescriminal offences, provincial offences taxation, contracts and business practices,taxation, contracts and business practices, what we eat, drink, sleep on, wear, etc…..what we eat, drink, sleep on, wear, etc…..

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3. 3. Law and SocietyLaw and Society (cont’d) (cont’d)

• the sociology of law versus the study andthe sociology of law versus the study and and practice of law: academia versus practice:and practice of law: academia versus practice: universality versus particularityuniversality versus particularity

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3. 3. What is lawWhat is law??

• Weber (1864-1920): “an order will be calledWeber (1864-1920): “an order will be called law if it is law if it is externally guaranteedexternally guaranteed by the by the probability that probability that coercioncoercion (physical or (physical or psychological), to bring about conformity or psychological), to bring about conformity or avenge violation, will be applied by a avenge violation, will be applied by a staffstaff of of people holding themselves specially ready people holding themselves specially ready for that purpose”for that purpose”

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3. 3. What is lawWhat is law? (cont’d)? (cont’d)

• Black (1976): “law is the normative life of a Black (1976): “law is the normative life of a state and its citizens, such as legislation, state and its citizens, such as legislation, litigation, and adjudication”litigation, and adjudication”• Vago: “the paramount function of law is toVago: “the paramount function of law is to regulate and constrain the behaviour of regulate and constrain the behaviour of individuals in their relationships with one individuals in their relationships with one another”another”

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4. 4. Types of lawTypes of law

• substantivesubstantive - rights, duties, prohibitions - rights, duties, prohibitions administered by the courts - both proscriptiveadministered by the courts - both proscriptive and prescriptiveand prescriptive• proceduralprocedural - how substantive laws are to be - how substantive laws are to be administered, enforced, changed, usedadministered, enforced, changed, used• public lawpublic law - governing the relationship between - governing the relationship between the individual and the statethe individual and the state• private lawprivate law - governing the relationships between - governing the relationships between individualsindividuals

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5. 5. Major Legal SystemsMajor Legal Systems

• Romano-Germanic (civil, codified)Romano-Germanic (civil, codified)

• common law (English, dating from 1066)common law (English, dating from 1066)

• socialist (1917 revolution, state oriented)socialist (1917 revolution, state oriented)

•Islamic (based on religious practice)Islamic (based on religious practice)

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6. 6. Functions of LawFunctions of Law

• social controlsocial control• dispute settlementdispute settlement• social changesocial change

7. 7. Paradigms of SocietyParadigms of Society

• conflict perspectiveconflict perspective• consensus perspectiveconsensus perspective