Sociology 2260A/B Midterm: Sociology of Law Midterm
3 Feb 2016
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No general agreement on de nition (our def depends on what we want the law to do) Its a set of rules/ obligations instituted by a social institution. John austin: british philosopher (positivist - law is law despite moral interpretation) Laws laid down by a sovereign authority. Rules are not laws unless they are passed and enforced by government (normative of society) Its too restrictive and ignores other types of law (ie university rules) Social control through the application or threat of physical force. Application of physical force by a indv or group with the societal power to do so (is law if infraction regularly enforced) Doesn"t account some laws punished by non-physical means ( nes) Guarantee avenging violation with physical and psychological force by a staff of people with this speci c purpose (ie police, judges) Ignores we obey laws for other reasons like tradition and obligation. Fear of being harmed by action (j-walking and getting hit by car)
