You are on page 1of 8

Repressive Law Penal law.

Was created by Durkheim in the Division of Labour in Society


Law that was created to punish bad/outlawed behavior. It was meant to create a punitive response or a sense of vengence from Society Criminal. The reason why we want public vengence is because social morality has been damaged or infringed. If it offends the overall state of the people, it shall be punished.

Restitutive law- Laws that are restortive. as mentioned in Durkheim s Division of Labour in
Society Law that was meant to restore the dama!es done by the crime. Supposedly used for or!anic societies. Law of compensation. The type of law we have ri!ht now, where if Person " does harm to Person #, Person " can claim dama!es upon Person # with the court bac$in! Person " up. !asically damages can be restored with " or some other compensation. #rganic societies Crime as Self help Created by %onald #lac$. &is analysis is that traditional 'odern society is not due to mechanical v or!anic but rather the chan!e of enforce of laws becomin! individuals to the !overnment power. (epressive law is e)istant in the current society because the use of private *ustice + where crimes in the past would have been considered as a ,self help- to brin! to *ustice .If someone has done somethin! wron! to you, it is up to the /ICTI' to ta$e care of the problem, and not the !overnment0s.1 2ow the reason crime e)ists in society is to create a some sort of !overnmetal social control. #y creatin! a function of the crime, it creates some sort of different crimes and moralistc ideals. #lac$0s thesis on crime is that crime is mostly moralistic however they are crimes because they offend what the state would find offensive. "nd the definition of crime becomes a form of !overnemental social control.

Ex ante function of law- Created by John M Darely ; Princeton ! Claims that law has
some $ind of set boundaries or sets morals in a society. Since law is determined by social morality$ everyone should have a %ist of what the law is about. It assumes that law is what creates social morality since Durkheim said that its the criminals being punished by law that unifies and creates what a social norm is. &owever this is disproved because certain states in the same society &'S( has different laws re!ardin! stand your !round, duty to assist, and etc. )eople tend to argue what their morality is$ should be law. 3r!o it is )ersonal morality turns into what law is. &owever since it is an or!anic society, there will be different ideas of what a law should be. *ts a counter to Durkheims way of law. Sicilian 'afia Created by %ie!o 4ambetta. People have a preconceived notion of what the mafia is and view it in a ne!ative viewpoint .5r!ani6ed crime rin!1. &owever 4ambetta claims that the difference between police and mafia isnt much. The reason why the mafia is claimed as a bad !uy is because there is a direct competition of power between the mafia and the police. hen loo$ed at comparively , The police and mafia both use violence 7 coercion to prevent 7 solve the problem. The service they both offer are protection and dispute mana!ement. #ut the only main difference between the police and the mafia is the difference in the source of power. The police has the power of the state .Law1 to bac$ up its actions. The mafia has .protection contracts1 or payments from the ones theya re protectin!. The main idea about the Sicilian mafia is that the sicilian mafia is a locali6ed much informal way of information e)chan!e, advertisin!, $inship, friendship and an identity. They are respected within the community as the one who $eeps the community in chec$. 8irst ideals is the variation of the community self help + second is the idea of supply and demand .if there is a supply of violance there needs to be a stron! amount of man power that are trained to deal with the violence. .Property owners try to loo$ for ways to protect their assets.

#ase9 Superstructure model Created by :. 'ar). The 4erman Ideolo!y. The 'ar)ian approach enforces this idea of unfairness within reality throu!h his e)planation on class division in a society. 'ar) claims that capitalism or the economic forces is the basis or the base of all socialistic functions. ith the basis of society bein! an economic driven force, he further e)plains that everythin! else stems off the base becomin! a super9base, which can be social hierarchy as well as creation of the law. 3r!o, the 'ar)ian approach to society is that the division of labor, creation of law and the natural bias is a detrimental one towards the poor. Carnival 'irror Thesis 9 (eiman as$s us why the law is so bias and why do the !eneral populous see criminal law in a ne!ative viewpoint. (eiman compares the distorted viewpoint of the !eneral populous as a carnival mirror or a distorted mirror. hen a person loo$s throu!h a carnival mirror, they see a distorted version of themselves loo$in! bac$ at them. (eiman claims li$ewise, society sees criminal law throu!h a distorted lens, where certain misconceptions are put into play. (eiman0s theory can be listed throu!h three $ey9points .(eiman ;1. 8irst $ey point is the way the crimes in criminal law is portrayed and installed upon us. This is to create a certain type of crisis in our minds or some $ind of ur!ency and shoc$ value to crime in <uestion .(eiman ;1. In e)ample, it is much more drastic to describe a crime in e)cruciatin! detail, where as for civil law it is simplified or !iven a synopsis on le)isne)is or the media. This installs a frame of mind, or a way that the population loo$s at the crime, where the criminal law is seen as more of a threat to society. Second $ey point is the point that criminal offenses are not as detrimental nor violent as the civil offenses .(eiman ;1. (eiman states that our vision of what criminal law is, is seen as much severe than civil law. In e)ample if the outcome of a crime is murder, there is as much as deaths from occupational ha6ard and disease as much as people bein! murdered. "nd the last $ey point is that police are more li$ely to scour and police around the lower income nei!hborhoods and ones with more minorities, and even if both rich and the poor are cau!ht, the poor would have more severe conse<uences compared to the rich .(eiman ;1. 5ne e)ample would be the variance of cocaine. In the rich areas, they would use finer and more pure product called powdered cocaine, whereas in low impoverished areas, they would use crude and cheaper product called crac$ cocaine. The law institutes itself to punish the ones who abuse crac$ cocaine harsher than the ones who abuse powdered cocaine. Pyrrhic %efeat theory 9 (eiman calls ,Pyrrhic defeat- .(eiman =>1. The typical term is ,Pyrrhic victory,- where a victory is achieved but in a cost of much resources and manpower ma$in! it a unfavorable victory. (eiman claims that this creation of the carnival mirror is a cyclical of power where there is no chan!e in the status <uo even if there were power and opposition to this due to the ne!ative preco!nition of what a criminal law is. &owever in this defeat, there is someone who is a benefactor, where the benefactor is the dominant class. The stru!!le is real, where if the minority class were to oppose and challen!e the status <uo, they will be faced with preco!nition of what a criminal law is, but if they don?t the status <uo will continue. /a!rancy Law illiam Chambliss @ Claimed that the law is deployed by the dominant class onto the minority class. here the Ast version of the va!rancy law in ABCD to ABEA was a way of chan!es of law due to the economic conditions .#lac$ death + deteriorin! standard of livin!1. Into what focuses on the idle or the ones who are refusin! to labor. hich meant that who didnt wor$ was forced to wor$ at a fi)ed wa!es after the blac$ death. Cheap labor for the ones who created the law .the rich1. %urin! the A=th century, with the end of feudalism, increased trade and industry, the definition of va!rant chan!ed to ,who can !ive no rec$onin! how he lawfully !ets his livin!- or ones who ,uses subtle crafty and unlawful !ames and plays-. This was focused on the control of the ones transportin! !oods since !oods at that point was considered valuables. 2ow in the status <uo, va!rancy laws in FS7F: are laws that concered the ones with criminal bac$!round or undesirables. They were meant to !et rid of the ones

who are unwanted even in the streets. The shifts and chan!es of the law of va!rancy show some $ind of pattern reflectin! what the rich .the ones who ma$e the power1 to control the economic values .The law is created by an economic base G#ase to Super9baseH1. Penal elfarism Created durin! the pre9AD;I0s. 'entioned by 4arland, #ec$ett and estern the idea that the penal system should focus not on a punishment but rather a rehabilitive internations. It was the opposite of imprisonment. The ones who supported penal welfarism were liberal elites, the educated middle class and the public sector professions .political and economic reasons1. 3conomically the middle class had the most benefit, as it helped them with welfare state politics .national insurance, Social security, national health care, mort!a!e subsidies and such1. Inclusive73)clusive policy re!ime of crime control mentioned by 4arland, #ec$ett and estern Claimed that social and penal policy are the !overnments response to social mar!inality where they are not mutually inclusive. Inclusive re!ime is the idea that the social policy should have more !enerous welfare pro!rams and crime policy should have less punitive anti crime policies. 3)clusive re!ime claims that there should be L3SS !enerous welfare pro!ram .Socially1 and there should be more punitive anti criminal policies .deviants are considered unreformable and undeservin!1 States with less !eneral welfare had hi!her incarceration rates and vice versa. #ureaucracy Created by eber. Claimed that an impersonal, decision ma$er of the set of rules + set of standard procedures to handle a situation and handlin! all rational authority is a bureaucracy. Supposedly !overned by rules .co! in a machine1 and trained and credentialed to handle the wor$ they are !iven. #ureaucracy is made to set up a !oal and to achieve it. 3fficiency is their prime ob*ective. Procedural rationality9 coe)istant with Conceptual rationality .created by eber1 claimed that the le!al system attempts to achieve *ustice by a very specific .proper1 manner. It pays attention to the concept of procedural *ustice or the rule of law. Le!itmacy Created by Tom Tyler, (aymond Paternoster and others. + Tyler as$s why do people obey the law, creates B e)planations. %eterrence + ,I dont want to !et cau!ht- (ealistic and punishment is core. Personal 'orality. Law is defined by how the person defines themselves and their morality. Personal morality is an internal obli!ation of what they thin$ is ri!ht or wron!. Le!itimacy Citi6ens comply because they view the le!al authority to have the L34IT'"T3 ri!ht to dictate their behavior. #ased on the le!al authority rather than the content of the law. > %imensions to measure this 9 Ast @ 5bli!ation towards authority. .4eneral support for the rules and institutions.1 >nd 3)tent of what the authority ta$es the publics support ,8avorable affective orientation.Strate!ic Settlement #y 'arc 4alanter Claimed that it is a parado) where the ,winnin!- of a case is *ust another way of losin! where the person is not entitled to their full ri!hts 7 pay but rather fall bac$ into a settlement. This lowers the empowerment, ri!hts which retroactively create a less importance on the small !uys. Theres also a tendency for the (P instead of the 5S. 3r!o it is easy to say that stra!te!ic settlement is somewhat li$e pyrric defeat. 5ne shotter v. (epeat player 'arc 4alanter , hy the 0&aves0 Come out ahead- 5ne shotter Person 7 or!ani6ation that deals the le!al system infre<uently. 2o resources and this is what is called ,have nots(epeat player are the ones who have repeated liti!ation. Tend to be wealthy and $now people in the business .The haves1. Theres a tendency for the two play the !ame differently. 5S J (P.

Client type thesis Created by &ein6 and Laumann KLawyers are defined by who they wor$ for . ho their client is1 ho their wor$ for determines their value economically Lawyers who wor$s for coporations .Coporate lawyers1 are considered the most valued

3ssay <uestions L 'ass Incarceration .4arland #ec$ett and estern1 hat happened in the past > to B decadesM hat was the policy in the pastM hat is the new re!ime of crime controlM hat caused the chan!eM hat is a policy re!ime .#7 1 hy discussions of crime control must also ta$e welfare policies into accountM

eberian "pproach to law . eber 4alanter Tyler 4ibson "lbiston1 hat is bureaucracyM Created by eber. Claimed that an impersonal, decision ma$er of the set of rules + set of standard procedures to handle a situation and handlin! all rational authority is a bureaucracy. Supposedly !overned by rules .co! in a machine1 and trained and credentialed to handle the wor$ they are !iven. #ureaucracy is made to set up a !oal and to achieve it. 3fficiency is their prime ob*ective. hy is modern law #ureaucraticM hy is it importantM 2ature of modern le!al $nowled!e hy le!al outcomes still reinforce ine<ualitiesM hat is playin! for the rules 7 strate!ic settlementM hy the ,haves- come out aheadM

hy do people obey the lawM . eber Tyler, 4ibson, Paternoster1 %efinitions of le!itimacy 9 Created by Tom Tyler, (aymond Paternoster and others. + Tyler as$s why do people obey the law, creates B e)planations. %eterrence + ,I dont want to !et cau!ht- (ealistic and punishment is core. Personal 'orality. Law is defined by how the person defines themselves and their morality. Personal morality is an internal obli!ation of what they thin$ is ri!ht or wron!. Le!itimacy Citi6ens comply because they view the le!al authority to have the L34IT'"T3 ri!ht to dictate their behavior. #ased on the le!al authority rather than the content of the law. > %imensions to measure this 9 Ast @ 5bli!ation towards authority. .4eneral support for the rules and institutions.1 >nd 3)tent of what the authority ta$es the publics support ,8avorable affective orientation.hat are the B dominant e)planations for e)plainin! why obey the lawM J999 %eterrence + Personal 'orality + Le!itmacy 8indin!s of Tyler0s Chica!o study Chica!o study focsed on = laws that people deal with daily. 2oise Litterin! %FI NEE'P& while drivin! Petty shoplifitin! Ille!al par$in! 5ften Sometimes Seldom 2ever Showed that the more severe the law is .the bi!!er the problem is, it created more compliance 3r!o @ Compliance is directly correlated with le!itmacy. Personal 'orality is the bi!!est factor in compliance Le!itmacy is shown as an independent factor with peer opinion 3TC @ "!e 7 4ender Is le!itimacy a si!nificant factorM Is it the most important factorM Oes @ Personal morality is hard to chan!e. Ta$es time 8or such society, it is hard to have a law that answers to all personal moralities at once Le!al instution needs to $eep control, and le!itmacy is the bac$!round for such control Le!itmacy means less reliance on deterrence. 4ibson0s study of the le!itimacy of Supreme Court Supreme court was used as a basis for an e)periment @ would people be less inclined to see them as a le!itmate authority if they were to do controversial decisions 7 unpopular onesM &ypothesis @ citi6ens in idelo!ical or partisan disa!reement with court decisions will e)press less support for the institution. Conclusion @ support has nothin! or little to do with ideolo!y nor partisanship The instution has a fair substantial amount of reservoir of !oodwill .lots of authority and le!itimacy.

Le!al Profession in FS .&ein6 and Laumann, Sandefur, /an &oy, eber1 &ein6 and Laumann0s study of Chica!o Lawyers Conducted in ADPE and another in ADDE Interviewed different lawyers in Chica!o and as$ed their bac$!round K:ind of le!al wor$ they do K ho do they wor$ for K3ducation bac$!round .Level of presti!e in law school1 K(eli!ious bac$!round K(ace73thnicity K"!e KIncome Client type thesis KLawyers are defined by who they wor$ for . ho their client is1 K ho their wor$ for determines their value economically KLawyers who wor$s for coporations .Coporate lawyers1 are considered the most valued Can one tal$ about one sin!le le!al professionM K2o since there are different types of lawyers and such with different hierarchy. Clutterin! effect within the profession The e)pansion of the wa!e of lawyers in different sectors have widened the !ap between the two. In ADPE, the !ap was smaller between lar!e coporations and the smaller practitioners. &owever In ADDE the !ap has widened to a bi!!er !ap. &ierarchical structure of "merican Lawyers 'any of the people who wor$ for corporate law will have a hi!her position or worth within the law profession. The ones who wor$ with personal in*ury, or personal problems will !enerally !ain less respect and less 5utcome @ People who are ethnically white. 'ale. Protestant, and with middle hi!h class are able to !et into hi!her tier law schools &i!her tier law schools will determine which type of law you will wor$. Local .Lowest in presti!e1 will wor$ under the !overnment. Presti!e N 3lite will !enerally ma$e partnerships with hi!her payin! coporate law.