Law, Justice, and Society: A Sociolegal Introduction - PowerPoint PPT Presentation

Loading...

PPT – Law, Justice, and Society: A Sociolegal Introduction PowerPoint presentation | free to download - id: 4d82c5-NjllZ



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

Law, Justice, and Society: A Sociolegal Introduction

Description:

Law, Justice, and Society: A Sociolegal Introduction Chapter 11 The Law and Social Change The Law and Social Change What is Social Change? any relatively enduring ... – PowerPoint PPT presentation

Number of Views:106
Avg rating:3.0/5.0
Slides: 24
Provided by: JonCo6
Learn more at: http://www.csi.edu
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Law, Justice, and Society: A Sociolegal Introduction


1
Law, Justice, and Society A Sociolegal
Introduction
  • Chapter 11
  • The Law and Social Change

2
The Law and Social Change
  • What is Social Change?
  • any relatively enduring alteration in social
    relationships, behavior patterns, values, norms,
    and attitudes occurring over time

3
The Law and Social Change
  • Law as a Cause of Social Change
  • law is mostly reactive
  • law can be an independent source of change

4
The Law and Social Change
  • Law as a Cause of Social Change (cont.)
  • two views
  • conservative
  • active use of law to generate social change is
    wrong
  • law must be a natural extension of social custom

5
The Law and Social Change
  • Law as a Cause of Social Change (cont.)
  • other view too many customs in the United States
    for the law to be based on only one
  • law is instead based on a general, abstract,
    universalistic principle of justice

6
The Law and Social Change
  • Reciprocal Relationship Between Social Change and
    Law
  • changes in law give rise to changes in social
    customs
  • changes in social customs give rise to changes in
    law
  • law is facilitative rather than causative of
    social change

7
The Law and Social Change
Typical Role of Law in Social Change
Racial segregation is wrong
Business should be regulated
Social Demands
Legislative Acts/Judicial Decisions
Sherman Anti-trust Act
8
The Law and Social Change
  • Social Movements, the Law, and Social Change
  • most often facilitative rather than causative
  • social movement (Tilly, 1984, p. 306) a
    sustained series of interactions between
    powerholders and persons successfully claiming to
    speak on behalf of a constituency lacking formal
    representation in the course of which those
    persons make publicly visible demands for changes
    in the distribution or exercise of power, and
    back those demand with public demonstrations of
    support

9
The Law and Social Change
  • Social Movements, the Law, and Social Change
    Contd
  • politics of social movements depend on democracy
  • before a judiciary interpreted the Constitution,
    social movements were unlikely to go anywhere
    without violence
  • contagion effect- arousal of previously silent
    groups once a social movement is observed
    successfully making its rights claim

10
The Law and Social Change
  • Examples of the Role of Law in Social Movements
  • workers rights
  • rights of gays and lesbians
  • abortion rights
  • women's rights
  • minority and racial/ethnic rights

11
The Law and Social Change
  • British Law and the American Revolution
  • British laws after the French and Indian Wars
    were designed to force colonialists to pay their
    share of the war expense
  • both statute and case law supported this
  • Americans considered the revolution a legal
    declaration of divorce based on the British
    constitution, specially that King George III had
    overstepped his authority

12
The Law and Social Change
  • Law and Social Engineering in USSR
  • pre-USSR law suppressed social change and
    retarded social progress
  • USSR used the law to force social change
  • the Soviet flip-flop on the "bourgeois family"
  • law coupled with police tactics can result in
    social change
  • law based on custom is more efficient

13
The Law and Social Change
  • The U.S. Supreme Court and Social Change
  • Rosenbergs (1991) two views of the USSCs
    ability to induce social change
  • dynamic view
  • constrained view

14
The Law and Social Change
  • The Dynamic View
  • the Court can be more effective than other
    government institutions in bringing about social
    change
  • this is because it is free of election concerns

15
The Law and Social Change
  • The Constrained View
  • the Court can rarely produce significant social
    change due to three constraints
  • bounded nature of constitutional rights
  • lacks the necessary independence from the other
    branches of government
  • lacks the tools to develop policies and
    implement decisions

16
The Law and Social Change
  • USSC has created little social change unless all
    three of these oppositions have not been present
  • however, dynamism can exist when coupled with the
    USSCs main resource legitimacy

17
The Law and Social Change
  • The USSC and Legitimacy
  • the ability to command compliance with rules
    despite lacking means to compel
  • Webers three types
  • 1. Traditional
  • 2. Charismatic
  • 3. Rational-legal
  • Supreme Court enjoys all of these

18
The Law and Social Change
  • Strict Constructionists
  • justices who believe that the Courts task is to
    take the Constitution in light of its Framers
    original intent
  • what effect would such justices have on social
    change?

19
The Law and Social Change
  • Judicial Activism
  • judicial governance violation of the
    constitutional separation of powers

20
The Law and Social Change
  • USSCs Role in Maintaining the Status Quo
  • extreme concentration of wealth leads to de facto
    plutocracy functioning beneath the "official"
    government
  • U.S. Constitution is an economic document that
    favors moneyed business class

21
The Law and Social Change
  • USSCs Role in Maintaining the Status Quo (cont.)
  • Fourteenth Amendment
  • created to protect the most deprived members of
    our society
  • USSC used it to protect rich business interests
    against working-class interests
  • later used it according to its "original intent"

22
The Law and Social Change
  • USSCs Role in Inducing Social Change
  • USSC expanded the federal governments power
  • acted as a "nation builder"
  • created a "national identity"

23
The Law and Social Change
  • USSCs Role in Inducing Social Change (cont.)
  • Marshall Court molding a national identity
  • Taney Court states rights take precedence
  • Warren and Burger Courts the "due process
    revolution"
  • these decisions have become institutionalized and
    accepted
  • especially among younger generation
About PowerShow.com