Legal Studies 206 Mid-term

Normative Claim

(Reflection of personal opinion which can't be tested) Statement about what should or ought to be the case

Ex: You should always eat dinner with a spoon

Empirical Claim

(A claim that can be proven)

A statement whose truth can be verified or falsified through observation, experimentation, or experiences

Policing Framework

Policing framework focuses on control, punishment, and enforcement to maintain order

(Forrest Stuart evolution of policing Skid Row)

Therapeutic framework

Therapeutic framework emphasizes healing, rehabilitation, and addressing the root causes of behavior

(Elizabeth Chiarello on opiods)

Base

(Karl Marx, Society exists in two parts)

The economic foundation of society and includes the MEANS of production and the RELATIONs of production

Ex: The bourgeoisie exploits the proletariat

Superstructure

Everything that is build on the base (institutions in society - like LAW) which is shaped by and reinforces the base itself

EX: Education, Religion, Culture

Law on the Books

the laws as they are written

(Jim Crow)

Law in Action

how laws are applied and enforced in the real world

(Jim crow)

mechanical solidarity

Traditional Society

(Similarity in shared beliefs - Religion at the core, Similarity in Tasks,

Repressive law: Punishment for deviating from shared norms

organic solidarity

Modern Society

(Greater division of labor,

Restitutive law: Goal of reinstating the social code)

Durkheim

Law is a reflection of shared social norms

(Mechanical & Organic solidarity)

What is the iron cage of bureaucracy? Who uses this and why

(Weber)

Refers to individuals being trapped in rationalized, rule-bound bureaucratic systems that limit creativity and freedom

Industrial Revolution

Occurred roughly 1750-1850 in Europe and North America; Allowed Marx, Weber, and Durkheim to frame the analysis of society

Double Consciousness

Referst to internal conflict of viewing oneself thorugh both one's own eyes and the eyes of a racist society (shows how law and society creat racialized identites and unequal citizenship)

Legal Realism

Movement arguing that law is not a fixed system of rules, but shaped by judges' experiences, biases, and social context

Intersectionality

(Crenshaw)

Describes how systems of oppression (race, gender, class etc) intersect to produce unique forms of discrimination

What is legal rational authority

(1 of Weber's types of Authority)

Legitimacy through formal rules and procedures rather than tradition or charisma

Ex: judges, police, and bureacrats

What are Norms ? How do they relate to law?

Norms are informal social rules governing behavior; Law formalizes some norms into enforceable rules

Ex: the norm of not stealing