LS101 Chapter Notes - Chapter 4: Rulemaking
1 Dec 2016
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Document Summary
The creation of laws are routine and ongoing processes. Four theories to illustrate the diversity of perspectives: rationalistic model. Proposes that laws (particularly, criminal laws) are created as rational means of protecting the members of society from social harm. Most widespread and most simplistic theory of lawmaking. Lawmakers and powerful interest groups define what activities may be harmful to the public welfare: functionalistic model (bohannan) an idea of how the laws emerged. The idea that laws are a crystallization of custom. This view proposes that failure in other institutional norms encourages the re institutionalization of the norms by the legal institution. Says laws are passed because they are the voice of the people: conflict perspective. Says that it a good thing that we have a society with many values. The tensions between groups will result in law. Elites came about in society and that interest groups tied to these elite would most likely win conflicts: moral entrepreneur theory.
