Theories & Concepts of Law & Society

A comprehensive set of flashcards summarizing the key theories and concepts covered in the lecture on law and society.

Legal Formalism

The traditional view that law is a self-contained system of logic where judges apply rules to facts without social or political influence.

Legal Realism

The social science view that law is what 'judges do,' influenced by their own biases, social context, and the law’s actual impact on society.

Utilitarianism

The theory that law should be designed to achieve the greatest good for the greatest number of people.

Conflict Theory

The perspective that law is a tool used by powerful groups to maintain their status and control over less powerful groups.

Functionalist Theory

The idea that law serves as a social institution to maintain stability, resolve conflicts, and integrate society.

Distributive Justice

The fair allocation of resources, wealth, and opportunities within a society.

Dysfunctions of Law

Ways law can fail, such as through rigidity, conservative bias, or maintaining inequality.

General Systems Theory

The view of Criminal Justice as a series of interconnected, multiple systems processing 'cases.'

Defective Products

Cases that terminate before completion and 'return' to the system, often because agents lack objective standards for 'complete' processing.

Backward Pressure

Tension generated within the system when there is a declining capacity to process cases.

Forward Pressure

The tendency for a system component to decide processing is 'complete' simply because it is easier than passing it to the next stage.

Courtroom Workgroup

The informal, collaborative relationship between judges, prosecutors, and defense attorneys that keeps the system moving.

High Tolerance for Defects

A characteristic of the system where 'defective' case processing is often accepted to maintain flow.

Doctrine of Incorporation

The legal process by which the Supreme Court applies the Bill of Rights to the states via the 14th Amendment.

Moore v. Dempsey (1923)

A landmark case regarding the right to a fair trial, signaling the start of federal oversight of state criminal proceedings.

Powell v. Alabama (1932)

The 'Scottsboro Boys' case, establishing the right to counsel in capital cases for indigent defendants.

Brown v. Mississippi (1936)

Ruled that confessions extracted through police torture are inadmissible in state courts.

Common Law vs. Civil Law

Common law relies on judicial precedent and adversarial trials; Civil law relies on codified statutes and inquisitorial processes.

Localism in US Policing

High autonomy for local police due to historical vastness and resistance to central government authority.

Costs of Localization

Includes volatile police encounters, lack of consistent training, extractive policing (fees/fines), and resistance to oversight.

Insulation from Democracy

The way professionalization and unionization can sometimes protect police from accountability or constitutional alignment.

Police Structure in Europe

Characterized by centralized authority, human rights law influence, and rigorous police academy training.

Lethal Force Comparison

The US has significantly higher rates of police lethality compared to Germany and the UK.

Normalization Principle

The European practice of making prison life as similar to life in the community as possible to aid reintegration.

Resocialization/Rehabilitation

Focus on transforming the offender into a law-abiding citizen, common in Germany and the Netherlands.

Adversarial vs. Inquisitorial

The US uses an adversarial 'battle' between two sides; many European systems use an inquisitorial system where the judge leads the search for truth.

Probation and Parole

Forms of community-based supervision that serve as alternatives to or follow-ups after incarceration.

Legitimacy

The public's perception that legal authorities are entitled to be obeyed, which increases voluntary compliance.

Procedural Justice

Focuses on the fairness of the process (being heard, neutral decisions) rather than the outcome.

Leventhal’s Six Criteria

Used to evaluate procedural justice: consistency, bias suppression, accuracy, correctability, representativeness, and ethicality.

Interactional Justice

Composed of interpersonal justice (respect/dignity) and informational justice (explanations/transparency).

Distributive Justice Types

Corrective (remedying wrongs), Retributive (punishment), and Restorative (healing harm).

Four Mechanisms for Social Order

Habits, Instrumental factors (rewards/punishments), Structural factors, and Normative factors (morality/legitimacy).