Law and society 1. Introduction to Law and Society

Law and Society study New perspective on law –Cf. Legalistic perspective –sociological (social scientific) study of law Empirical research –Philosophy of law(reflective study, value) Current legal phenomenon –Legal history(past law, historical fact) Korean legal phenomenon –Comparative law(foreign law)  Sociological perspective on law and society in Korea

Features of this class light, interesting, useful class English-medium class –English as a second language –Short presentations, Cf. Bilateral discussions Methods (strategy): obtaining sociological perspective on law and society in Korea by –Understanding the text –Watching movies and discussing –Simple research and presentation Writing report(term paper)

Chapter1 Introduction to Law and society  Contents –Significance of law –Social functions of law Dysfunctions of law –Two ways to view law Traditional vs. Social scientific –Key questions

Significance of Law Terri Schiavo Case Gay marriage Racial issues Daily lives Death and life Family structure Governmental power  Law Plays a fundamental role in our society and in our lives

Social functions of Law 1. Social control 2. Dispute settlement 3. Social change (rule of law, expression of moral value)  Dysfunctions of Law perpetuate inequality Influential social group Complicate matters

Prohibition

Different ways to view law 1.Traditional(orthodox) view of law 2.Social science view of law  Assumptions in the study of Law and Society The legal system is not autonomous

Four Dimensions of law and key questions Substance of law –Effectiveness of (a certain) law in affecting human behavior –Effectiveness of (a certain) new law in changing social conditions. –Origins of substance of law(static), e.g. capitalism –Impact of social change on law(dynamic) Legal procedure –Process of enactment, civil or criminal litigations –Effectiveness of court litigation. cf. other informal dispute settlements Operations of legal system –Actual operations of legislative branch, regulatory agency, court, police, legal profession(lawyer) Legal culture –Legal conscience

Key questions 1.Law’s impact on human behavior 2.Law’s impact on social conditions 3.Effectiveness of legal procedures 4.Society’s impact on law 5.Inequality of law