1 SOCI 3085 Lecture # 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

2 2. Boyd - 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

3 3. Law and Society social structure and social institutions social structure and social institutions beliefs, values, folkways, norms and mores beliefs, values, folkways, norms and mores informal and formal norms/mores informal and formal norms/mores traditional versus modern societies - e.g. traditional versus modern societies - e.g. Tonnies - gemeinschaft and gesellschaft Tonnies - gemeinschaft and gesellschaft Maine: status versus contract type societies Maine: status versus contract type societies

4 3. Law and Society (cont’d) the growth of law in modern societies: the growth of law in modern societies: å births, marriages, separation, divorce death, drinking age, legal age death, drinking age, legal age å driver’s licences, professional licences, apprenticeships, hunting, boating apprenticeships, hunting, boating å housing, length of school attendance, guardianship, parental responsibility, guardianship, parental responsibility, criminal offences, provincial offences criminal offences, provincial offences å taxation, contracts and business practices, what we eat, drink, sleep on, wear, etc….. what we eat, drink, sleep on, wear, etc…..

5 3. Law and Society (cont’d) the sociology of law versus the study and the sociology of law versus the study and and practice of law: academia versus practice: and practice of law: academia versus practice: universality versus particularity universality versus particularity

6 3. What is law? Weber ( ): “an order will be called Weber ( ): “an order will be called law if it is externally guaranteed by the law if it is externally guaranteed by the probability that coercion (physical or probability that coercion (physical or psychological), to bring about conformity or psychological), to bring about conformity or avenge violation, will be applied by a staff of avenge violation, will be applied by a staff of people holding themselves specially ready people holding themselves specially ready for that purpose” for that purpose”

7 3. What is law? (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 to Vago: “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”

8 4. Types of law substantive - rights, duties, prohibitions substantive - rights, duties, prohibitions administered by the courts - both proscriptive administered by the courts - both proscriptive and prescriptive and prescriptive procedural - how substantive laws are to be procedural - how substantive laws are to be administered, enforced, changed, used administered, enforced, changed, used public law - governing the relationship between public law - governing the relationship between the individual and the state the individual and the state private law - governing the relationships between private law - governing the relationships between individuals individuals

9 5. Major 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)

10 6. Functions of Law social control social control dispute settlement dispute settlement social change social change 7. Paradigms of Society conflict perspective conflict perspective consensus perspective consensus perspective