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Sociology

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May 7, 2024

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David Mathews CJUS 5055 - Sociology of Law 1.2 Critical Thinking Exercise January 23, 2016 1. What is law? Defining law can be virtually difficult, as it has not reached a complete consensus amongst scholars and legal professionals. Rather, understanding law as rules and functions of society as they are set forth are easier to define and clear. The consensus perspective defines: law as a neutral framework for maintaining societal integration. Law(s) can be defined a body of rules enacted by representatives of the people in the interests of the people. Law is a neutral agent, dispensing rewards and punishments without bias (Vago, 2012) . The opposing conflict perspective considers law, as stated by author Austin Turk, "weapon in social conflict" and an instrument of oppression, as noted by authors William Chambliss and Robert Seidman, "employed by the ruling classes for their own benefit". The definition of law can be very broad; however, the functions of law are more specific and require less interpretation being utilized by legal academics, legal professionals, and laymen alike. Law performs a multitude of functions in society: regulating dating and mating behaviors, prenuptial agreements, marriage, divorce, pet ownership, hanging laundry outside to dry, and the conduct of professors in the classroom and at faculty parties. Laws protect the prevailing legal and political systems by defining power relationships, thus establishing who is superordinate and
who is subordinate in any given situation. Laws maintain the status quo and provide the impetus for change (Vago, 2012) . 2. How would you define law? Based on the text and as I understand law, it can be viewed as a body of rules set forth to maintain society from microscopic to macroscopic norms. 3. What are the major legal systems and how do students feel about them? The major legal systems are the: Romano-Germanic system, common-law system, socialist legal system, and the Islamic Law system. The codification of laws has been reintroduced into the Romano-Germanic law school curricula since the 12th century which includes Code of Justinian, Napoleonic, German Empire, and Swiss (Vago, 2012) . The socialist legal system, as it is understood in the text, has captured the eye of Western students due to its infamy in the historical context of Chinese and Russian governments. 4. How do the functions and dysfunctions of law relate to the everyday lives of students? The book states that Donald Black argues that "social status (regardless of race), the degree of intimacy, speech, organization, and a number of other factors all greatly influence the use and application of law. An example was given about the conviction of a black person killing a white person far outweighs any conviction of any other race combination (Vago, 2012) . Questions also can be viewed regarding the narrowness of legal education, the failure of ethical indoctrination, and the polarization of faculty and students along economic, racial, and gender ways, which remain pronounced during the early years of the second decade of the twenty-first century (Vago, 2012) . As such minority students have been historically noted as not having the same resources for education granted to them as they are granted by their majority counterparts.
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