* Social control is known any action, deliberate or unconscious, that influences conduct toward conformity, whether or not the persons being influenced are aware of the process. The main function of the law is to keep social control and maintain peaceful and predictable coexistence. * The use of law is a measure of the failure and success rate of other forms of social control. * The four-fold typology of social control is described as direct/formal, direct/informal, indirect/formal, and indirect/informal.
* Communities use forms of punishment to create social condemnation, in hopes to maintain deterrence for future crimes. * Black’s style of social control: * Penal: subject to formal punishment –accusatory. * Therapeutic: subject to formal treatment –remedial, crime is a result of environmental factors * Compensatory: payment of debt * Conciliatory: fair and reasonable solution depending on crime * Plea bargaining occurs in most felony cases, usually when the suspect will plead guilty to try and lessen their sentencing.
* The death penalty has always been debated, but 37 states are currently in favor of it. Main problems with this method of punishment is that there is no proof it actually deters crime, falls under “cruel and unusual punishment, cost more than keeping someone in a life sentence, the off chance the suspect is innocent. However, 65-75% of American favor it. * Law and social control of political dissent:
* Authoritarian Government: expect conformity without political participation, distinguishes political/private life * Totalitarian Government: expect conformity and political participation, however does NOT differentiate between public and private life * Democratic Governments: distinguish between public and private life by allowing political pluralism and encouraging political participation Summary Social control is needed to keep the world from ultimately going into utter chaos.
Punishments for when the law is broken and other factors affect whether or not deterrence is occurring and if it is an acceptable form based on the crime at hand. Depending on the severity of the crime, the death penalty may be an option, but of course the option to take another human’s life is at that top of the debate list, however, most Americans seem to be in favor of this. Depending on the government in place determines they types of punishment and who gets to decide on how someone is punished in order to keep social control and abide by social norms. Application
I will use the information discussed in this chapter by looking closely at how acts of crime are punished, and whether or not they are fair, but at the same time to help individuals deter from deviant behavior. I used to see punishments for certain and always thought “that’s way too harsh for they did! ” or vice versa, but it is not just about how the judge is feeling that day, so many different thing are taken into account when deciding and sentencing criminals. CHAPTER 10 Key Points * Social change is any relatively enduring alteration in social relationships, behavior patterns, values, norms, and attitudes occurring over time.
* A cause of social change would be that the law is mostly reactive and can also be an independent source of change. * Conservative: active use of law to generate social change is wrong and the law must be a natural extension of social custom * Law is instead based on a general, abstract and universalistic principle of justice * The reciprocal relationship between social change and law occurs when changes in law give rise to social customs and vice versa, law is actually facilitative rather than causative of social change.
* Politics of social movements depend on democracy * Before a judiciary interpreted the Constitution, social movements were unlikely to go anywhere without violence * Contagion effect- arousal of previously silent groups once a social movement is observed successfully making its rights claim * ‘Role of Law in Social Movement’ includes the rights of workers, gay and lesbians, abortion, women, and minority/racial ethics. * British laws after the French and Indian Wars were designed to force colonialists to pay their share of the war expense.
* Americans considered the revolution a legal declaration of divorce based on the British constitution, specially that King George III had overstepped his authority. * The dynamic view is when a court can be more effective than other government institutions in bringing about social change because it is free of election concerns. * USSC’s role in maintaining the status quo focuses extreme concentration of wealth leads to ‘de facto plutocracy’ functioning beneath the “official” government. They played and important role in the federal government’s power known as a “national builder” and created a “national identity.
” Summary Social change does not just occur over night and take time for people to see the negatives and positives of what is to come. Ever since the United States first became a nation and trying to segregate from the British parliament, examples would be Britain ridding slaver, examples would be Britain ridding slavery causing the South to become more independent for being in favor of it. The government back in early days of America particularly favored the wealthy class. Application After reading and studying this chapter I have come to realize that thing weren’t always as easy as they are now.
Being able to know how much social change has already occurred since then to now, it only shows how much it will change in the future. CHAPTER 11 Key Points * Feminist legal theory feminism is a set of theories and strategies for social change that takes gender as its central focus to understand social institutions, processes, and relationships, feminist jurisprudence is the practice of examining and evaluating the law from the feminist perspective. This act embraces conflict view and this law is a mirror of patriarchy. * Feminist Jurisprudence
* Reformist: liberals who want to retain current legal system and reconfigure it * Radical: present system should be abandoned * Compromise position: law must accept relevant gender differences but should not focus on the differences; rather, focus on their consequences * Greeks viewed women as ambivalent and an earth goddess creator, but soon male gods assumed rational role. * Rome saw women as minors of their fathers or husbands. * Renaissance saw women seen as virtuous and not worldly. Laws kept women in the home to protect them.
* Efforts to secure legal standing for women throughout the nineteenth and twentieth centuries in Europe and the United States were conditioned by sexist views. The U. S. founding fathers paid little attention to pleas of their wives to allow women the vote * Female slaves sexually exploited by masters * Women eventually were given the right to vote in Wyoming and Utah territories and their subsequent states soon after given the right to vote in Colorado and Idaho, rest of the country waited until 1920 and the Nineteenth Amendment.
* International Woman Suffrage Conference in 1902 in Washington D. C. and organized by Elizabeth Stanton, Susan B. Anthony, and Carrie Chapman Catt, five countries sent delegates. The major result of conference was creation of the International Women’s Suffrage Alliance. * First wave of feminism achieved voting rights; the second wave involved owning property, getting an education, work, rights against violence. * Women soon started applying for law school to begin having representation in the legal system. Summary
It’s amazing how at one point women were viewed as objects to be traded, sold, used, and below a man. I agree certain jobs are better fitted for men and some are for women, but depending on the person, anyone can do whatever job they please. Men and women work side by side doing the same jobs, making the same pay based on qualifications, and live essentially the same lives with the same rights. Application I take full advantage of my rights as woman, whether it is an education, the right to vote, or getting a career.
Knowing how different it once was and how many women fought for what I have today is remarkable. CHAPTER 12 Key Points * Slavery was never stated in the constitution and the Declaration of Independence contains some language that appears to outlaw slavery. * Emancipation and the Reconstruction period began after the Emancipation Proclamation, Congress passed Thirteenth Amendment. Freedman’s Bureau supplied former slaves with food, clothing, schools, and land. * African Americans served on juries and held office. Desegregation became normal.
* Jim Crow created laws of segregation and were underpinned by racism, soon after though Congress passed the Civil Rights Act of 1875 and resulted in the Civil Rights Cases. * Desegregation had slowly emerged, but it did not really happen until Congress passed Civil Rights Act of 1964 soon followed by the Voting rights of 1965 which gave African Americans the right to vote. * Indians practiced physical and cultural genocide as official policy, however, hostilities increased as European settlers migrated more west. British government “protected” Indians under the Proclamation Act of 1763.
They gave land west of Appalachian Mountains to the Indians * Continental Congress also “protected” them under the Northwest Ordinance. * In 1871, treating could no longer be made to protect the Indians however soon after the Indian Citizenship Act of 1924 would give them American citizenship, next was the Indian Reorganization Act of 1934 ended cultural genocide. Summary African Americans have always struggled in the United States from being at one time slaves and having absolutely no rights whatsoever, to now where an African American is president of the country.
I feel like women and minority groups have both come so far in even just 100 years with voting privileges, educational benefits, and workplace opportunities. Application Equal opportunity for everyone who wants to work in the United States is a remarkable thing and shows that with great effort our country can be amazing things like overcoming racism, and seeing every human as an individual and that no one is above or below them.