Sociology 2260A/B Lecture Notes - Lecture 3: Henry James Sumner Maine, Sociology Of Law, Jurisprudence
22 Sep 2017
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Informal social control is adequate in societies that are: small, homogenous, isolated, little division of labour, little to no con ict. Formal social control is necessary in societies that are: large, modern, heterogenous, complex, high division of labour, large social inequality. Typically found in hunting/gathering and small scale. Some distinction between substantive and procedural law. Advanced small scale and early industrial society. Economic, educational, and political subsystems are increasingly di erentiated from kinship relationships (emergence of institutions) Greater di erentiation between law and tradition, custom, and religion. Distinction between public (the state) and private law (individuals) Distinction between criminal law and tort law. All the features of transitional system, but more distinguishable and de ned. Law becomes a mechanism of social change. A type of science that studies theories and philosophies of law. Law-in-action vs law-in-the-books : sociology of law = too theoretical, need for a sociological jurisprudence.
