Sociological theory of law. Sociology of Law 2019-02-20

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A Sociological Theory of Law

sociological theory of law

In his last major book, Totemism: The Elementary Forms of Religious Life 1912 , he gave the description and detailed analysis of simplistic form religion, Totemism as practiced by Aboriginal Australian tribes. More specifically, sociology of law consists of various approaches to the study of law in society, which empirically examine and theorise the interaction between law, legal, non-legal institutions and social factors. Merton, Randall Collins, James Samuel Coleman, Peter Blau, Marshal McLuhan,Immanuel Wallerstein, George Homans, Harrison White, Theda Skocpol, Gerhard Lenski, Pierre van den Berghe and Jonathan H. The theory of differential association of E. Norms guide almost all human activities, so the concept of deviance is quite broad. The individual's drug use has been negatively reinforced. Labeling theory focuses on the official reaction to crime and makes a rather counterintuitive argument regarding the causes of crime.

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SAGE Reference

sociological theory of law

Further, the emphasis on monetary success is paralleled by the dominance of economic institutions in the United States. Structure and Agency Theory The question over the primacy of either structure or agency in human behavior is a central debate in the social sciences. They then focus on the factors that push or entice people into committing criminal acts. There are, however, some exceptions. They do not fear punishment and have little sympathy for the people they harm. It then briefly describes several other important theories of crime, most of which represent elaborations of these three theories. There is a marked disagreement among the scholars as to what the law is.

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Schools of Jurisprudence, Analytical, Historical & Sociological School

sociological theory of law

Over time, law has undergone a transformation from repressive law to restitutive law. Such communities have increased for several reasons. Internal control is a function of their beliefs regarding crime and their level of self-control. Marx and later Marxists undertook their critique of law as an ideology that conceals class divisions at the same time as it promotes the interests of the dominant class. Some of the supporters say that law is sovereign and reject the sovereignty of the state. He was a french philosopher and one of the most influential post modernist of all time. To troubleshoot, please check our , and if you can't find the answer there, please.

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SAGE Reference

sociological theory of law

Other major institutions —the family, school, and the political system —are subservient to economic institutions. Clarke, also discuss the characteristics of situations conducive to crime. Social Foundations of Thought and Action. Sociology of law: Visions of a scholarly tradition. The structural functional approach is a macro level orientation in terms of the level of analysis, as it focuses on broad social structures that shape society as a whole. Somewhat oversimplified, the former refers to the general attitudes and perceptions of law among the functionaries of the legal system, such as the judiciary, while the latter can refer to the attitude of the citizenry to the legal system or to law and order generally. A relatively small 9 percent is motivated by sexual orientation, targets gays and lesbians.

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SAGE Reference

sociological theory of law

This inequality can be seen at home and in the workplace where the men usually hold more power. Labeling theory The above theories examine how the social environment causes individuals to engage in crime, but they typically devote little attention to the official reaction to crime, that is, to the reaction of the police and other official agencies. However, some criticisms to this theory are that it disregards how shared values and the way in which people rely on each other help to unify the society. Marxist theories argue that those who own the means of production e. To support his own findings he used the empirical data collected from many societies and cultures. Cultural globalization cannot be explained without attention to intellectual property rights institutionalized in law and global governance regimes. These revolutions inspired a lot of political and religious change.

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Sociological Theories

sociological theory of law

His Study of suicide reaffirms his belief that causal relationship can be established between social phenomenon. Some of the key developments that have influenced sociological theory are: the rise of individualism, the appearance of the modern state Elazar, Daniel J. Some individuals, however, learn beliefs that are favorable to crime and they are more likely to engage in crime as a result. Some draw on control theory, arguing that crime results from the fact that many workers and the unemployed have little stake in society and are alienated from governmental and business institutions. And they are most concerned with explaining why some individuals are more likely to engage in crime than others.

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A Sociological Theory of Law

sociological theory of law

It must be applied to all the people equally. His final book was entitled, Totemism: The Elementary Forms of Religious Life in 1912. Sociology has separated itself from the other social sciences due to its focus on society, -- a concept that goes beyond nation, as it includes communities, organizations and relationships. Feminist theories argue that the causes of their crime differ somewhat from those of male crime, although female crime is largely explained in terms of strain theory. . All collective human life is directly or indirectly shaped by law.

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SAGE Reference

sociological theory of law

It favours qualitative data and is well suited to research in a natural setting. Requires carefully operationalizing variables and ensuring that measurement is both reliable and valid. A variety of factors, then, influence whether individuals respond to strain with delinquency. The extent to which people believe that crime is wrong is at least partly a function of their level of direct control and their stake in conformity: were they closely attached to their parents and did their parents attempt to teach them that crime is wrong? With regard to the criminal personality and the causes of crime, the sociological school, recognizing not only biological but also societal explanations for human behavior, subscribes to the theory advanced by E. We all know law is a universal rule. He conceived this development as an increasing rationalization of law, accompanying the general rationalization of life in industrial societies as a result of the growth of capitalist economic enterprise and of bureaucracy.

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Sociological Theory/Emile Durkheim

sociological theory of law

For example, it is much easier to steal money than to work for it. Yet, it remains historically and functionally linked to these other institutions. Related to this, females are more closely tied to the household and to child-rearing tasks, which limits their opportunities to engage in many crimes. This type of crime expanded among immigrants, who found that society was not always willing to share its opportunities with them. Cloward, Richard; and Ohlin, Lloyd.

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A sociological theory of law (Book, 1985) [roundtaiwanround.com]

sociological theory of law

The social group is further broken into two types: the primary group a small personal group and the secondary group a large impersonal group. Second, the increase in very poor communities is due to the migration of many working- and middle-class to more affluent communities, leaving the poor behind. A post-modern theorists purpose is to achieve understanding through observation, rather than data collection. The criticism directed at legal pluralism often uses the basic assumptions of legal positivism to question the validity of theories of legal pluralism which aim at criticising those very positivistic assumptions. Sykes, Gresham; and Matza, David.

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