Sociology 3260A/B Chapter Notes - Chapter 2: Critical Race Theory, Complex Number, Androcentrism
Document Summary
The conflict perspective: considers law as an instrument of oppression "employed by the ruling classes for their own benefit" Law is a tool by which the ruling class exercises its control: law both protects the property of those in power and serves to repress political threats to the position of elites. From the middle of the 19th century the idea of natural law was displaced by legal positivism. Legislative- role =enact new laws: executive- role =enforce and administer laws. Judiciary- role- interpret established laws established by the legislative power: herbert spencer. Industrial/higher form of society: peace, freedom, and contract as the controlling devices: human progress is marked by a continual increase in individual liberty and a corresponding decrease in governmental activities. Law is a product of evolving economic forces. Law is a tool used by ruling classes to maintain its power over lower classes. In the communist society of the future, law as an instrument of social control will.