LS227 Chapter Notes - Chapter 2: Abusive Power And Control
30 Oct 2018
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Chapter 2: the social context of dispute settlement and the rise of law. Fundamental differences between small-scale societies and complex industrial societies. Mostly hunting and gathering communities - cooperation, mutual aid, kinship were essential means of preserving harmony and restoring order. Dispute settlement goal of restoring the harmonious relations. Absence of independent political institution meant that disputants had to resolve conflict without an adjudicator. Self or kin-based redress: no centralized authority, redress is initiated by injured party; injured party is not allowed to do whatever they want to the offender, there are customary expectations for the appropriateness of reprisal. Structured inequality: patterns of concentrated wealth, resources, and power. Changes from community-based dispute resolution processes in small- scale societies to state-controlled processes in more complex societies. Last 6000 - 8000 years, most hunting and gathering societies transformed into pastoral, horticultural, agricultural, industrial transformed into pastoral, horticultural, agricultural, industrial societies. Emerged into agricultural society, represented the interests of the powerful.
