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Law and Society Week 1 2025 (2)
Page 1: Course Introduction
SciencesPo
Course Title: Law and Society
Instructor: Bruno Sousa Rodrigues
Semester: Spring 2024/2025
Date: 30/01/2025
Page 2: Session 1 Overview
Key discussion points:
Overview of the course and grading system
Definition of law
Relationship between law and society
Role of social theory in the study of law
Page 3: Course Overview
Course Sessions:
Session 1: Is law an autonomous system?
Session 2: Law beyond legal rules
Session 3: Suits and robes – the crafts of law in the 21st century
Session 4: Law and the State
Session 5: Constitutionalism and the rule of law
Session 6: Crime and punishment (Criminal law)
Session 7: Individuals and market exchanges (Private law)
Session 8: Citizenship and foreignness
Session 9: Legal pluralism without borders
Session 11: Human rights: potential and limitations
Session 12: Mobilization of legal practice for social resistance and change
Page 4: Grading System
Assessment Overview:
Group presentation: 30%
Mid-term exam: 20%
Final essay: 40%
Class participation: 10%
Group Presentation:
Collective grade, maximum 15 minutes
Criteria: time management, organization, case familiarity, critical reasoning
Submission: outline, bibliography, and debate question due one week before presentation.
Mid-term Exam:
Date: 13 March 2025
Format: 10 multiple choice questions, duration 30 minutes
Final Essay:
Date assigned: Session 9 (3 April 2025)
Length: 750 words; submission due 24 April 2025
Page 5: Class Delegate Election
Title: Election of Class Delegate
Related to the Law and Society Course
Page 6: Defining Law
Question posed: How do you define law?
Page 7: What is Law? (I)
Definition: Law as a social order
Regulates mutual behavior among humans
Set of rules prescribing behavior or norms
Misconception: Law vs. order; they are intrinsically linked.
Quotation from Hans Kelsen highlights the tautology in law discussing order.
Page 8: What is Law? (II)
Understanding the law:
Differentiation between what is decided by courts and theoretical concepts of law.
Perspective of the 'bad man': Law as practical prophecies of court actions rather than ethical axioms.
Quotation from Oliver Wendell Holmes emphasizes practical law over abstract theories.
Page 9: What is Law? (III)
Judicial Constraints and Practices:
Judges constrained by rules but must administer justice in practice.
Discretion is limited but human elements in law cannot be ignored.
Quotation from Roscoe Pound reflects on the reality versus law theory.
Page 10: Juristic Views on Law and Society
Key Thinkers:
Kelsen, Holmes, Pound recognize law as a social phenomenon.
Kelsen focuses on structural organization of norms.
Holmes and Pound emphasize operational aspects in law administration.
Shift from natural law to law as a social construct.
Questions the necessity of law in isolation (e.g., deserted island).
Page 11: Relation Between Law and Society
Investigating the connection between law and social structures.
Page 12: Law and Social Theory
Definition of Social Theory:
Methodical, historically informed, and empirical study of social life.
Explores collective existence and individual roles within society.
Encompasses diverse phenomena: institutions, networks, and social dynamics (solidarity, identity, power).
Page 13: Law as a Social Phenomenon
Approaches to studying law:
Communicative aspects: focus on legal texts and discourse.
Behavior of legal agents (judges, legislators) and their societal roles.
Law as a tool for ideological domination or political struggle.
Page 14: Emergence of Classical Social Theory
Overview of classical social theory's emergence in relation to law.
Page 15: Karl Marx’s Perspective on Law
Quote from Marx:
Law is an expression of class interests and economic conditions.
Page 16: Durkheim's Perspective on Law
Quote from Durkheim:
Law and morality create social bonds in response to industrial changes.
Page 17: Weber's Perspective on Law
Inquiries into the origins of law within rational capitalist interests and cultural rationalism.
Page 18: Analysis of Llewellyn's Insights
Focus on the text regarding the normative aspects of law.
Page 19: Llewellyn's Institutional Approach
Institutional viewpoint on law emphasizes organized actions and activities.
Page 20: Llewellyn on Rule of Law
Law's role in sustaining social groups; law is an interaction between people and rules.
Page 21: Sub-Jobs of Law (Llewellyn)
Various functions law serves:
Mediation of conflicts
Regulation of behavior
Political power allocation
Promotion of social integration and improvement of legal practice.
Page 22: Craft Concept in Legal Practice
Law as a craft involving distinct skills and practices among legal professionals.
Page 23: Influence of Legal Roles on Practice
Discusses how legal professionals’ roles affect their legal reasoning and practice.
Page 24: Luhmann and Bourdieu Perspectives on Law
Niklas Luhmann: Law as an autopoietic communication system stabilizing expectations.
Pierre Bourdieu: Law as a semi-autonomous field of practice.
Page 25: Importance of Law in Everyday Life
Exploration of law's role in organizing everyday life.
Page 26: Conclusion
End of session notes. Looking forward to next week!
Course Introduction
Institution: SciencesPo
Course Title: Law and Society
Instructor: Bruno Sousa Rodrigues
Semester: Spring 2024/2025
Date: 30/01/2025
Session 1 Overview
Key discussion points:
Overview of the course and grading system
Definition of law
Relationship between law and society
Role of social theory in the study of law
Course Overview
Course Sessions:
Is law an autonomous system?
Law beyond legal rules
Suits and robes – the crafts of law in the 21st century
Law and the State
Constitutionalism and the rule of law
Crime and punishment (Criminal law)
Individuals and market exchanges (Private law)
Citizenship and foreignness
Legal pluralism without borders
Human rights: potential and limitations
Mobilization of legal practice for social resistance and change
Grading System
Assessment Overview:
Group presentation: 30%
Mid-term exam: 20%
Final essay: 40%
Class participation: 10%
Group Presentation
Collective grade, maximum 15 minutes
Criteria: time management, organization, case familiarity, critical reasoning
Submission requirements: outline, bibliography, and debate question due one week before presentation.
Mid-term Exam:
Date: 13 March 2025
Format: 10 multiple choice questions, duration 30 minutes
Final Essay:
Date assigned: Session 9 (3 April 2025)
Length: 750 words; submission due 24 April 2025
Class Delegate Election
Title: Election of Class Delegate
Related to: Law and Society Course
Defining Law
Question posed: How do you define law?
What is Law?
Law as Social Order:
Regulates mutual behavior among humans
Misconception: Law vs. order; they are intrinsically linked.
Judicial Constraints and Practices:
Judges constrained by rules but must administer justice in practice.
Juristic Views on Law and Society
Key Thinkers: Kelsen, Holmes, Pound
Recognize law as a social phenomenon.
Shift: From natural law to law as a social construct.
Relation Between Law and Society
Investigating the connection between law and social structures.
Law and Social Theory
Definition:
Methodical, historically informed, and empirical study of social life.
Law as a Social Phenomenon
Approaches:
Behavior of legal agents and their societal roles.
Classical Social Theory Perspectives
Karl Marx: Law as an expression of class interests.
Durkheim: Law and morality create social bonds.
Weber: Inquiries into origins of law within rational capitalist interests.
Llewellyn's Insights
Institutional Approach:
Law as organized actions and activities.
Sub-Jobs of Law:
Mediation of conflicts, regulation of behavior, political power allocation, promotion of social integration.
Craft Concept in Legal Practice
Law as a craft involving distinct skills and practices among legal professionals.
Influence of Legal Roles on Practice
Discusses how legal professionals’ roles affect their reasoning and practice.
Perspectives on Law
Luhmann: Law as an autopoietic communication system.
Bourdieu: Law as a semi-autonomous field of practice.
Importance of Law in Everyday Life
Exploration of law's role in organizing everyday life.
Conclusion
End of session notes. Looking forward to next week!
NoteStudied by 33 peopleNoteStudied by 21 peopleNoteStudied by 38 peopleNoteStudied by 4 peopleNoteStudied by 26 peopleNoteStudied by 25 people