Researching Law in Society

Consensus perspective - geometric circle

society requires an integrated network of institutions that function to maintain social order. Inherently good and structured around equal opportunity and stability. achieved thru cooperation, shared values and social solidarity.

The tool used to adhere is compromise (society must provide for the common good and satisfaction of social wants). Belief is that there will be conflicts, Integrity needs to be guiding principle to remediate conflict, exists only temporary and individual level.

It cannot be structural conflict as the legal codes have been created using compromise. Law is then seen as a tool which reflects the held values of a society (defines rights and responsibilities, legitimate expression of morality and custom). Does not believe as law as coercion, it has to be willingly supported

Conflict perspective on law

law is a tool of oppression, to maintain unjust and unequal resource distribution. Views society as discriminatory and conflict. Law is only maintained thru corrosion and fear. it functions to preserve the power of most exploitive individual.

newer perspective, First introduced by Karl Marx and Fredrick Angles. believes society should be understood in terms of conflicts between groups over scarce resources (composed of two classes - rules and ruled).

Conflict always in favour of ruling class / those who control the means of production. rulers create false consciousness regarding law, convince people to accept the will of the ruling class.

two main types of data analysis

1. qualitative (things not quantifiable, better understanding of experiences)

2. 2. Quantitative(numerical, quantify)., it depends on type of information required. Its about how you analysis the data you obtain

methods and Inquiry - 4 things

the 'proper' role of sociologists in the study of the law. understanding social processes and objectively describing and explaining social phenomena.

Criticize social systems and processes (Praxis).

1. cannot divorce laws from the people that wrote them, the way they were made and their intentions, need to study the law as the past as people.

2. law is interpreted as humans, forced by humans and not in fallible, need to examine patterns and how societies respond to the law to know if the law is effective/useful/legitimate.

3. hold up a mirror to the law, to show the way it may disenfranchise people to services, communities or the way that the law is enforced might be

4. Praxis - combining ./ holistic approach that marries theory and action.

Policymaking

process of identifying alternative courses of action that may be followed and choosing among them.

ex - in 1992, pleading insanity was narrowly defined and did not have official legal recognition vs. NCRMD which was biological or psychological and had 1. understand the right and wrong 2. understand the consequences of the action at time of crime. Challenging insanity law impeded on the right of presumed innocence.

Contributions of sociology to policy recommendations

Many instances in which sociological knowledge, perspectives, concepts, theories, and methods have been useful in connection with the development of policy recommendations. Commissions, laws, repeal of laws, judicial decision.

examples - truth and reconciliation Commission, MMIWG, mandatory minimum sentences (all relied on sociologically and socio-political theory to challenge the og laws). sometimes there is no discernible difference is made to enact a policy

three types of evaluation studies in law

mainly quantitative. program evaluations ->

1. judgements surrounding effects of programs, policies and projects (effectiveness on cost or overall effect).

2. Operation of a particular policy (steps within it, what does it do, outlining what the program is, how has it been operationalized)

3. Systemic evaluations (measuring societal impact, is the programs meeting objectives). Tends to be designed with a stakeholder in mind

impact of a policy has 4 dimensions

1. impact on social problem but participants hate it

2. 2. people involved

3. 3. is it generalizable

4. 4. whom is the policy direct. is it politically popular can it be sold, is it easy to deliver,

difficulties in evaluation research - 9 things -Dtd IoU B Uni Prog F E C/b SmC

1. sometimes it is difficult to define what an objective of a law or regulation if it ever existed.

2. 2. law may have either intended or unintended consequences or both

3. 3. behaviour sometimes hard to quantify

4. 4. legal professions understanding of a new law

5. 5. policies may have effects on groups or situations other than those at which they are directed

6. 6. impact on future as well as current conditions

7. 7. economic based measurements

8. 8. indirect costs / benefits

9. 9. symbolic material consequences

approaches to measuring impact

one shot study - study a group of individuals from the target population after it has been exposed to a program.

Before and after - study the same individuals before and after the program. Use some type of controlled experiment.

Considerations -> attributing results to program and utilization of results

fourth major methods sociologists use for researching law

the historical, observational, experimental, and survey methods.

The differences among the four methods

are more a matter of emphasis on a particular data-collection strategy for a particular research purpose than a clear-cut “either-or” distinction.

For example, in the observational method, although the emphasis is on the researchers’ ability to observe and record social activities as they occur, researchers may interview the participants—a technique associated with the survey and experimental methods.

Historical Method

carried out by sociologists is a critical investigation of events, developments, and experiences of the past; a careful weighing of evidence to determine the validity of the sources of information regarding the past; and the interpretation of the evidence.
Use materials for data collection rather than observation.

1. Use Secondary analysis (data was not generated or collected for specific purpose of the study).

2. Use life history method (rely solely on persons reporting life experiences).

3. and case law/judicial decisions (examine courts obiter/ what are courts using to make their decisions).

A notable difficulty of the historical method lies in the limited accuracy and thoroughness of the documents and materials involved. and the accessibility of the data. social phenomena do not appear spontaneously and autonomously which can indicate the possibility that certain consequences can issue from events comparable to other events in the past

Observational Methods

studying a sequence of events and explanations of the meanings of the events by the participants and other observers before, during, and after the occurrence.

can be divided into two types -> those utilizing either human observers (participant observers or judges, ethnography) or mechanical observers (cameras, digital recorders, and the like) and those directly eliciting responses from subjects by questioning (questionnaires, schedules, and interview guides).

have been used by sociologists extensively in field settings that involve direct contact with subjects and take place in relatively natural social situations. The advantages include the opportunity to record information as the event unfolds or shortly thereafter, observer does not need willingness, still valid despite communication issues, info can be recorded independent from researcher. Thus, the validity of the recorded information can be high.

The method is not applicable to the investigation of large social settings. The context investigated must be small enough to be dealt with exhaustively by one or a few researchers. In the case of fieldwork, there is the omnipresent possibility that the researchers’ selective perception and selective memory will bias the results of the study and no easy was to assess the reliability and validity of researcher interpretations

interviewing

best used if a researcher wants to study norms, rules, and status in a group. can use focus groups

Experimental Methods

Experiments may be carried out in laboratory or field settings, and they ideally begin with two or more equivalent groups, with an experimental variable introduced into only the experimental group.

Researchers measure the phenomenon under study before and after the introduction of the experimental variable, thus getting a measure of the change presumably caused by the variable.

There are two common ways of setting up experimental and control groups. One is the matched-pair technique. For each person in the experimental group, another person similar in all important variables is found and placed in the control group.

Another technique is the random-assignment technique, in which statistically random assignments of persons to experimental and control groups are made—such as assigning the first person to the experimental group and the next to the control group, and so on.

An experiment involving thousands of people may be prohibitively expensive. It may take years to complete a study. Ethical and legal considerations prohibit the use of people in any experiments that may injure them and how far are we altering the participants behaviour

Survey methods

aims for a systematic and comprehensive collection of information about the attitudes, beliefs, and behaviours of people.

The most common means of data collection are face-to-face interviews, self-administered questionnaires and telephone interviews.. Probably foremost among them is the response rate or the non-response rate. Survey methods have also been widely used in a variety of studies dealing with knowledge and opinions about law, evaluation of the effectiveness of the law, prestige of the law, and legal attitudes and knowledge. best used when the researcher wishes to discover the numbers, ratios, and other quantitative information about subjects

Why is sociology both a pure and applied science

pure science -> is a search for knowledge, without primary concern for its practical use.

applied science -> is the search for ways of using scientific knowledge to solve practical problems.

social policy

refers to purposive legal measures that are adopted and pursued by representatives of government who are responsible for dealing with particular social conditions in society. ex - autonomy / people traveling to die in MAID

action research

field settings that involve direct contact with subjects and take place in relatively natural social situations. a way to integrate knowledge with action.

three ways sociology has contributed to social policy

1. sociological concepts provide new or unique perspectives on social problems.

2. 2. Prescriptions for policy are sometimes suggested by the findings of sociological research

3. 3. use of sociological methods and techniques of research to obtain information about specific question. Sociologists have also provided sensitizing concepts and theories that oriented the search for solutions of the crime problem.

evaluation research criteria - Dm AwiA G Ptp Cbrs Er

Many of these judgments have been impressionistic, often influenced by ideological, partisan self-interest, and evaluational criteria.

1. Evaluation research is generally conducted for a client who intends to use the research as a basis for decision-making.

2. The investigator deals with his or her client's questions as to whether the client's program is accomplishing what the client wishes it to accomplish.

3. The objective of evaluation research is to ascertain whether the program goals are being reached.

4. Priority goes to the program, not evaluation.

5. there is always a possibility of conflicts between research and program staff

6. In evaluation research, there is an emphasis on results that are useful for policy decisions

measuring the impact of any law is complex task

Social scientists may have an impact on people which substantially alters lives. ex - CDSA, decriminalization of weed.

In addition to the difficulties inherent in the measurement of indirect costs and benefits, other complexities arise because the effects of a particular law may be symbolic (intangible) as well as material (tangible). Intended symbolic effects capitalize on popular beliefs, attitudes, and aspirations for their effectiveness.