Sociology and The Law
What is Law?
● A system of rules and guidelines created and
enforced by a common authoritative power.
● Laws are meant to control or change behavior.
● Laws are meant to improve the overall welfare of the
general population, while also sustaining the society
which created them.
● Common laws help to settle disputes, ensure safety,
and provide an overall structure to the society that
creates them.
Functionalist
● Functionalists mainly study how crime relates to law, and
believe that it is a necessary part of a society.
● Crime provides career opportunities for many people (ex:
Police, Lawyers, Jail Wardens, Court Workers)
● Crime can drive social change, such as in the case of a
rising number of juvenile violence cases, possibly
providing the creation of new programs to put emphasis
on parenting skills, school security, or systematic
counselor visits.
● If there is too much crime, society is not in a state of
well-being, possibly prompting a revolution. After there
is new power, new laws would be put in place that society
can agree with.
Conflict
● Conflict theorists believe that crime is the act of social
and economic forces working with each other.
● The criminal justice system is run for profit by the rich
and elite, creating laws that benefit the upper class. (ex:
Petty crimes sentenced severely, whereas large scale
financial and organizational crimes are treated more
leniently.)
● Middle class citizens tend to side with these changes
subconsciously hoping that one day they will reap these
benefits.
● The victims of the criminal justice system are the lower
class, having legal rights diminished or ignored.
International
● There are certain commonly held beliefs on human
rights, dictated by the United Nations. (ex: Genocide,
Privacy, Disability, Youth Violence)
● World powers come together to discuss the carrying out
of international law, usually leading to conflicting
opinions.
● Should we be the World Police? Should we dictate what
is moral without respect to custom and tradition?
● Should we focus solely on our nation? Should we solve
our internal issues before pursuing the welfare of other
countries?
Bibliography
● http://www.justice.gc.ca/eng/csj-sjc/just/02.html
● http://criminology.fsu.edu/crimtheory/week7.htm
● http://criminology.fsu.edu/crimtheory/conflict.htm
● http://www.un.org/en/rights/
● http://papers.ssrn.com/sol3/papers.cfm?abstract_id=18
23702
● http://www.sociology.org.uk/devtint1.htm
● http://criminologycareers.about.com/od/Criminology_B
asics/a/What-is-criminal-justice.htm
● http://sociology.about.com/od/O_Index/g/OrganizedCrime.htm