Introduction to Sociology of Law and Legal Systems

WEEK 1 - INTRODUCTION TO SOCIOLOGY OF LAW

What is law?

Law is a written body of general rules of conduct that apply to everyone, emanate from a governing authority, and are enforced by its agents.

What is the idea of a social contract?

The belief that individuals consent to give up some freedoms in exchange for social order and protection by the state.

Formal vs Informal legal systems

Formal systems rely on written, codified laws; informal systems depend on customs, traditions, or community norms.

What legal system does Canada use?

The common law system, derived from the United Kingdom.

Substantive law

Rules defining rights and obligations administered by the courts.

Procedural law

Rules governing how laws are enforced and legal processes are carried out.

Public law

Concerned with the structure of government, criminal law, and constitutional limits on power.

Private law

Deals with legal relationships between individuals, such as contracts or torts.

Balance of probabilities

The standard of proof required in private or civil law cases.

Before Confederation (1867)

No distinct Canadian law; relied on British common law for prosecutions.

Police of Canada Act (1868)

Created jurisdiction for various police agencies to enforce the law.

Canadian Criminal Code (1892)

Unified criminal law across Canada.

Quebec's legal system

Based on the Civil Napoleonic Code.

Three main functions of law

Social control, dispute settlement, and social change.

Consensus approach

Laws reflect agreement of most people about what should be prohibited.

Conflict approach

Laws serve the interests of the ruling class to maintain social control.

Social problems perspective

Crime results from broader social issues such as inequality or poverty.

Social responsibility perspective

Individuals are personally responsible for their crimes regardless of circumstances.

Praxis

The practical application of sociological research to improve society.

Crime as a social construction

Crime is defined by social norms and varies by context and culture.

Sociology of law

The sociological study of law, legal institutions, and law-related behavior.

Characteristics of formal social control

Explicit rules, planned sanctions, and designated officials.

Law as social engineering

The idea that law can be used to create or guide social change.

Relationship between law and sociology

Law and society influence each other; both must be studied together.

Goal of sociology of law

To understand how law shapes, and is shaped by, social processes.

WEEK 2 - ORIGINS AND EVOLUTION OF LAW

Max Weber's three features of law

External pressure, coercive nature, and enforcement by state authority.

Donald Black's four styles of social control

Penal, compensatory, therapeutic, and conciliatory.

Code of Hammurabi

Ancient Sumerian code emphasizing retribution and restitution.

Lex talionis

"Eye for an eye" principle emphasizing proportional punishment.

Mosaic Code

Laws of the Israelites forming the basis of Judeo-Christian legal systems.

Ten Commandments

Religious moral laws forming the foundation of Western ethics.

Early Roman Law

Derived from the Twelve Tables; focused on fairness and equality.

Justinian Code

Created by Emperor Justinian; introduced "innocent until proven guilty."

Napoleonic Code

Revised Roman law forming the basis for Quebec's civil code.

Dark Ages and ordeals

Trials by fire, water, or combat to determine guilt by divine judgment.

Judicium Dei

"God's verdict" concept used in ordeals.

Trial by combat

Precursor to the modern adversarial system.

Origins of common law

Emerged after the Norman Conquest; judges used precedent and written cases.

Henry II's contribution

Introduced national law, juries, and written legal decisions.

Common law

Uniform law applied across all subjects regardless of region or status.

Indigenous law

Oral traditions and customs guiding Aboriginal legal systems.

Rule of law

Principle that all individuals are subject to law and disputes resolved through due process.

Romano-Germanic system

Civil law tradition emphasizing codified statutes.

Common-law system

Judge-made law based on precedent.

Socialist legal system

Emphasizes equality, state security, and education; law serves the collective good.

Islamic legal system

Based on Shari'a law, derived from Quran, Sunna, consensus, and analogy.

Sharia'a categories

Fard (obligatory), Mustahab (preferable), Mubah (permissible), Makrooh (repugnant), Haram (forbidden).

Magna Carta (1215)

Established the rule of law and habeas corpus; foundation of modern rights.

Canadian Charter of Rights and Freedoms

Defines relationship between government and citizens; ensures fundamental freedoms.

Fundamental freedoms

Freedom of conscience, religion, expression, assembly, and association.

Legal and equality rights

Sections 7-15: life, liberty, due process, equality, and protection from discrimination.

Dysfunctions of law

Conservatism, rigidity, discrimination, and overemphasis on control.

WEEK 3 - CLASSICAL SOCIOLOGICAL THEORIES

Natural law

Universal moral principles inherent in human nature.

Legal positivism

Law as a human creation with no necessary connection to morality.

Aristotle's view of law

Law is reason free from passion.

Aquinas on natural law

Part of human nature reflecting divine will.

Beccaria's legal philosophy

Punishment should be swift, certain, and proportionate; promotes deterrence.

Bentham's utilitarianism

Law should maximize happiness for the greatest number.

Hedonic calculus

Weighing pleasure versus pain to determine just actions.

Durkheim's functionalism

Law maintains social solidarity and integrates society.

Mechanical vs organic solidarity

Mechanical: simple societies, shared values; Organic: complex societies, interdependence.

Anomie

A state of normlessness or alienation due to lack of social regulation.

Durkheim on crime

Crime is normal and reinforces social norms.

Weber's types of authority

Traditional, charismatic, and legal-rational.

Weber's formal rational thought

Logical, consistent legal reasoning within accepted sources.

Weber's iron cage

Excessive rationalization leading to loss of individuality and freedom.

Legal-rational authority

Power derived from legal rules and procedures.

Marx on class conflict

History is a struggle between bourgeoisie (owners) and proletariat (workers).

Alienation

Workers' sense of powerlessness under capitalism.

Instrumental Marxism

Law as a tool of the ruling class to maintain dominance.

Structural Marxism

Law supports capitalism but allows limited reform for stability.

Conflict theory

Law reflects and reinforces existing inequalities in power.

Durkheim vs Marx

Durkheim: law integrates society; Marx: law perpetuates inequality.

Legal positivism vs natural law

Positivism: law is what is enacted; Natural law: law reflects morality.

Comte's positivism

Scientific study of society to discover social laws.

Parsons' functional imperatives

Adaptation, goal attainment, integration, latency (AGIL model).

Liberal pluralism

Society made of competing interests; law ensures fair competition.

Praxis in sociology

Applying research to address real social problems.

WEEK 4 - CONTEMPORARY THEORIES OF LAW

Donald Black's pure sociology

Explains law using measurable social variables like stratification and culture.

Geometry of law

Five dimensions of social space used to explain variations in law.

Libertarianism

Limits government to protection, property, and contracts; opposes paternalism and redistribution.

Critical theory

Challenges established power structures and ideologies in society.

Conflict and Marxist approaches

Law reflects class struggle and serves dominant economic interests.

Critical legal studies (CLS)

Rejects the idea that law is objective; argues it reflects political power.

CLS key themes

Antiformalism, contradiction, ideology, trashing, utopian reform.

Law as politics

Legal decisions are political, not neutral or inevitable.

Feminist legal theory

Examines how law reinforces gender inequality.

Main themes of feminist theory

Equality, critique of objectivity, and gendered power structures.

Liberal feminism

Seeks equal opportunities and access to power for women.

Radical feminism

Focuses on patriarchy and violence against women; advocates systemic change.

Socialist feminism

Links capitalism and patriarchy; emphasizes gendered division of labor.

Patriarchal authority

Male dominance sustained through culture and institutions.

Violence against women

Historically ignored; now recognized as a systemic social problem.

1983 Criminal Code reforms

Introduced rape shield laws and limits on questioning victims' sexual history.

Bill C-49 (1992)

Made past sexual history inadmissible and clarified consent rules.

Critical race theory (CRT)

Examines how law perpetuates racial inequality.