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