Law and Society

What is Jurisprudential Law and where is it found ?

This is the scientific, theoretical, and philosophical study of law (regular law) found in statutes and court rulings

What is the difference between jurisprudential law and law and society

jurisprudential law is concrete and objective, while law and society is a sociocultural product found everywhere

What is an example of Jurisprudence vs. Law and Society

Free speech because law on the books says everyone has it, but law in action shows that the right we associate with the First Amendment today was the product of political activism in the first part of the twentieth century, especially by labor unions

What is natural law?

the legal belief that universal moral principles and rights are inherent in human nature and can be discovered through human reason rather than created by governments

Who is the theorist for natural law?

Plato and Aristotle

what type of society was natural law in and what was their source of order?

Ancient & Religious

The divine/god was the one punishing them

What is the purpose and an example of breaking natural law?

The purpose is to promote virtue

ex). Having a child while not being married

What is Rational law?

a system of governance and legal structure where power and legitimacy are derived from established, impersonal rules and laws rather than custom, tradition, or the personal charisma of a leader

Who is the theorist for rational law?

Max Weber

what type of society was rational law in and what was their source of order?

it was made in calvinist society but is now for capitalist

their source of order is human reasoning

What is the purpose and an example of breaking rational law?

The purpose is for it to be predictable and calculable

ex). speed limits

what is elective affinity in terms of rational law?

a concept describing a natural, mutual attraction or relationship between two different things

What is Repressive Law?

Repressive law is a legal system that controls people by using severe punishment and force to maintain social order

Who is the theorist for repressive law?

Durkheim

what type of society was repressive law in and what was their source of order?

A homogeneous and traditional society (north korea)

their source of order is mechanical solidarity

What is the purpose of the law and an example of breaking repressive law?

purpose: to be punitive and harsh

ex). death penalty

what is restitutive law?

A system of law focused on restoring the pre-existing order, repairing damage, and returning wronged parties to their original position rather than punishing the offender.

Who is the theorist for restitutive law?

Durkheim

What type of society was Restitutive law in, and what was their source of order?

Heterogeneous, industrial (united states)

source of order: organic solidarity

What is the purpose of the law, and an example of breaking Restitutive law?

purpose: to be less passionate and restore order

ex). paying back taxes

What is capitalist law?

capitalist law is a legal tool used by the ruling class to disguise economic exploitation as a fair system of equal rights and private property.

Who is the theorist for capitalist law?

Karl Marx

What is capitalism?

Always seeking to make a profit, it requires people to work in the formal labor market to ensure basic necessities.

What does calivita say over capitalist law?

“Those who own the wealth and those who work to produce it are locked in a conflict of interest…laws are tailored to the needs of the prevailing production system.”

What are some examples of contemporary laws that “advance the position” of the elite and thus “bolster the dominance” of capitalism?

sales tax, bail vs jail time, and Trespassing Laws vs. Wage Theft Laws

What types of laws instead restrict the power of the elite or reduce the dominance of capitalism?

free healthcare, no monopolies, and union protection laws

What are vagrancy laws?

laws that made it a crime to be homeless, unemployed, or wandering without "visible means of support”

why were vagrancy laws created?

they were created to solve a labor shortage for the rich.

What was the key takeaway to the vagrancy laws?

they shatter the myth that laws represent what "society" or the general public wants.

(Witchcraft, Deviance, and Durkheim)

What was puritan society like?

It was a strict, deeply religious community motivated by Christian purity and simplicity, where residents lived under the constant pressure of being a moral "City upon a Hill" whose collective survival depended on total obedience to God's laws.

(Witchcraft, Deviance, and Durkheim)

What is a boundary crisis?

when a community is confronted by a significant relocation of boundaries, a shift in its territorial position

(Witchcraft, Deviance, and Durkheim)

What was the boundary crisis for the puritans?

because they were losing the goal of being the model for the world, and Britain was sending reinforcements it sent them into high anxiety

(Witchcraft, Deviance, and Durkheim)

What is a crime wave?

Refers to a rash of publicity, a moment of excitement and alarm, a feeling that something needs to be done. It may or may not mean an actual increase in the volume of deviation

(Witchcraft, Deviance, and Durkheim)

What internal social and psychological changes occurred in New England Puritan society that led to the 'End of an Era' in 1692? (3)

1. existential crisis - questioning their place in the world

2. shifting metrics - Moving “from a helpless reliance on fate to a firm confidence in their own abilities.

3. evolving frontier - Settlers invented a new “wilderness…in the middle of the community itself.” (bc the problem was IN the community”

(Witchcraft, Deviance, and Durkheim)

how did it turn into collective outrage?

when the accusations crossed strict social boundaries, moving from marginalized outcasts to highly respected pillars of the community

(Witchcraft, Deviance, and Durkheim)

How did it shape the collective conscience?

The trauma of the Salem Witch Trials shattered the community’s trust in religious rule, shifting their shared mindset away from strict religious purity and towards individual rights

(Witchcraft, Deviance, and Durkheim)

is deviance inherent by a particular kind of behavior?

no, it is a property conferred upon that behavior by the people who come into direct or indirect contact with it

What is hegemony?

it is the power to shape reality without calling attention to itself

how is the law hegemonic?

because not only does it shape how we live; it also gives the shape of our lives a taken-for-grantedness

T/F law makes inequalities appear natural through both cognitive processes and social structures → inequalities go uncontested → increases hegemonic power

True

(pls read it through)

What are legal categories?

Laws that create conceptual categories, and they then determine their contents and boundaries.

What’s an example of a legal category that shapes our daily lives?

ex). defining whiteness

race and racial categories are not fixed, natural realities but are instead sociolegally constructed

What are the three different stages of The Disputing Pyramid

naming, blaming, claiming

T/F only a small fraction of injurious experiences ever mature into disputes

True

Whether people do or do not perceive an experience as an injury, blame someone else, claim redress or get their claims accepted is because of their social position as well as their individual characteristics. What is an example of this?

Filing grievances in prison- they often dont get taken seriously because they are prisoners

what is legal mobilization?

The process where individuals (even highly stigmatized and vulnerable people like prisoners) use explicit rules and regulations to hold authorities accountable and demand that the law be applied equally to both sides.

States can pass laws requiring people to follow rules and behave in certain ways, whether paying taxes or complying with public health measures.

But how do states actually carry out these functions and ensure these laws are followed?

Making society legible

What does it mean to make a society legible?

to arrange the population in ways that simplified the classic state functions of taxation, conscription, and prevention of rebellion

How do states simplify complexity? (3 steps)

Common units of measurement: defining a job

Count and classify: who holds a job

Create new aggregate facts: employment rate

How does legibility relate to the concept of hegemony?

Legibility provides the data and structure, while hegemony secures the public's consent to be ruled by it.

What are 4 examples of legibility?

city planning, traffic patterns, official language, surnames

In terms of legibility, what happened in the Philippines with the catalogo?

Governor Claveria issues decree requiring Filipino people to take on permanent Hispanic surnames

he got them to stick by ordering that Schoolteachers, priests, military, and civic officials to ONLY use official surnames and to only accept documents with these names

What are the three varieties of legal consciousness?

before, with, and against the law

When being “before the law” you view the law as

objective, majestic, and sacred entity that exists far above everyday life

When being “before the law” you view rules as

fixed and objective

When being “before the law” you view action as

subordinate, passive, and strictly bound by the rules

When being “with the law” you view action as

strategic gameplay where individuals dynamically use the rules to win or gain an advantage.

When being “with the law” you view rules as

important yet meant to be negotiated and changed

When being “with the law” you view law as

a game in which success is not about right versus wrong or absolute justice; it is about skill, resources, and playing the game better than your opponent

When being “against the law” you view law as

oppressive and a powerful trap.

When being “against the law” you view rules as

hypocritical, weaponized, and oppressive.

When being “against the law” you view action as

defiant resistance and without any reasonable, rational, or logical basis in fact or law

How was millie simpson before the law?

she followed rules (went to court)

deferred to authority

how was millie simpson with the law

Contested the decision (didn’t accept the charges)

and mobilized resources (turned to her wealthy employers for help)

how was millie simpson against the law

Played a ruse on the court (the judge ordered her to say thank you to the court, and she basically mocked them)

and deflected the law’s power (by not letting the judge be dominant over her)

what are Interpretive Schemas?

the specific cultural tools that dictate how a person views reality, processes experiences, and decides to act.

Legality consists of cultural schemas AND resources that operate to define and pattern social life.

They must also be continually produced and worked on by individual and group actors

yes

T/F Legal consciousness is shaped by social position

true

What is Legal Cynicism?

distrust of the law and legal authorities

what group is more likely to exhibit legal cynicism

African Americans and people from disadvantaged neighborhoods

High rates of legal cynicism are associated with greater ___?

neighborhood violence

Who is more likely to call the police?

poor people especially in urban areas

Who is most likely to call the police on their children or partners?

African American mothers

How do we make sense of Black women’s occasional reliance on the police given their high levels of legal cynicism?

Through a study, conducted through in-depth, semi-structured interviews with 50 low-income African-American women with children in Washington, DC, between June 2012 and January 2013

• Sampled women residing in subsidized housing

What is the prevailing pattern in the study on african american moms?

Legal cynicism is high: “only three respondents made uniformly positive statements about the police”

But most women also report calling the police at least once and relying on them in other ways (e.g.,neighborhood contact)

(Strategies of situational trust)

What is Officer exceptionalism and an example?

Decouple the institution from individual officers

ex). having a close relationship with an officer

(Strategies of situational trust)

What is domain specificity and an example?

Rely on police for matters in the home but not outside

ex). not snitching on outside fights but will call if its inside

(Strategies of situational trust)

what is therapeutic consequences and an example?

Protective measure to keep loved ones safe (few other options)

ex). calling the police on friends abusive partner

(Strategies of situational trust)

what is institutional navigation and an example?

Strategy to navigate other institutions, such as housing and CPS

ex). for cps

what is Legal Pluralism?

the coexistence of 2 or more legal systems in one place

what is fragmentation?

The splitting of the law into specialized subsystems that operate without a central authority

What are the 4 different forms of legal pluralism?

Nested, Adjacent, Normative, Hybrid

(Legal Pluralism)

What is nested and an example?

legal authority is divided among vertical jurisdictions

ex). federal/state/local taxes

(Legal Pluralism)

What is adjacent and an example?

legal authority is divided among horizontal jurisdictions

Ex). City of Philadelphia (departments of public health, sanitation, etc)

(Legal Pluralism)

What is normative and an example?

legal authority through norm-setting yet limited enforcement capacity

Ex). human rights commissions

(Legal Pluralism)

What is hybrid and an example?

two different systems of legal authority are “grafted” onto each other

Ex). colonial/postcolonial societies and religious

(nested pluralism)

what does it mean when jurisdiction is contested?

disagreement around which level holds authority in a given area.

what is administrative law?

The legal order that establishes, interprets, and implements the rules and regulations of administrative agencies

what are the 3 key features of administrative law

) Highly decentralized

2) Substantial discretion

3) Little independent oversight

what is an example of administrative law?

Processing of disability claims

what is Municipal Governance and an example?

The system of local administration and decision-making that manages a city, town, village, or borough

ex. philly city gov

Three main kinds of spaces of municipal governance?

1) Sidewalks (Allowed for dining? Entertainment? Resting?)

(2) Roadways (Where to walk? How to drive? Where to park?)

(3) Buildings (Types of buildings? How maintained?)

What happened to the street food vendors in toronto?

The case of regulating street food vendors in Toronto demonstrates the pitfalls of “over-regulation.” When multiple agencies exercise legal authority over a given governance problem, they can sometimes enact rules that compound and conflict.