Generally, people consider the legal system and the law as a fundamental product of contemporary society. In society, those who abide by the law experience the benefits of the law, while those who do not experience punishment. Therefore, the law seeks to disadvantage some while offering inequitable privileges to others, making some consider the law unjust and biased, which assumes that laws are not a reflection of an independent society. The sociology of law helps students and readers understand the relationship of law with the social system.
Overview of the Course
The sociology of law course deals with the beginning and progress of legal standards in various societal settings. It pays particular consideration to the variance between legal reasoning and sociological perceptive and the difference between the law as a profession and as a tool of social change.
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How to Describe this Course to Someone who has Yet to Take it
The course sociology of law deals with the study of law and the legal system, emphasizing criminal law, the courts, and social analysis. The course specifically addresses the social perspectives of how the origin of law and the law-making process. It mainly requires students to be critical in their thinking and entails numerous legal case studies that help. It covers the social factors such as cultural interest, political factors, and economic factors that shape laws while still addressing the social implications of particular laws and the legal system in general.
My Definition of Law
According to me, the law is a rule that defines a particular process, concept, or behavior. For instance, in physics, there is Newton's law. This law determines how gravity works. It determines how an object gets up in the air and comes back down unless other factors are involved. Therefore, the law determines how things should be done. However, different laws prescribed by controlling authority, such as the legal force, determine how people should behave. Notably, almost every aspect of society has a law that defines the activities carried out. For instance, there is business law, entertainment law, family law, to mention a few.
Provide your sociologically informed definition of law, drawing on Marx, Weber, & Durkheim
Various theorists have their definitions of law. Karl Marx, for instance, defines law as a fundamentally hegemonic discourse that is determined by the rich who want to protect their interests ( Morrill & Edelman 2021). According to Marxist interpretation, it is the law that creates a difference in social power and conflict. On the other hand, Emile Durkheim's functional approach defines law in terms of its role in society ( Morrill & Edelman ,2021). Durkheim also defines law as it relates to punishment and the fact that law contributes significantly to society since it contributes to the maintenance of society. Max Weber provided the dialectical approach of law regarding the economy ( Morrill & Edelman 2021). Weber claimed that economic factors determine the legal definition. Therefore, drawing from these three theorists, I can define law as rules created to maintain financial peace considering the social state of the people whereby abiding by the law is rewarded and acting against the law is punished.
The Single Most Important Change I Would Make in the Way that Justice is Administered in the United States Today
I would like to change the cycle of incarceration witnessed in the United States criminal justice system. Anyone keen on the justice system in the United States can notice its pros and cons. Although I appreciate the work and initiatives of the justice system in keeping the community safe, I believe that it can do better. I would like to see the US justice system fostering rehabilitation and prevention and ensuring just and equal justice in the community. I have witnessed it fail in its mandate in many places and too many ways by dwelling on the unfair, outdated, and distended criminal justice system that exhausts resources and interrupts communities (Mayeux, 2018). The issue of mass incarceration has brought about social issues since some people who should not be arrested end up being arrested. The unfair arrests contribute to a cycle of imprisonment that discriminates against the poor and people of color (Wagner & Rabuy, 2017). To create change, I would support alternative-to-arrest and incarceration programs through sensitizing the public. I would do this by creating campaigns on social media and attending rallies aimed at supporting this alternative. Additionally, I would also support mental health centers, school programs, and drug options initiatives that provide changes to the justice system (Mayeux, 2018). Supporting the public defender’s office and other organizations that fight the injustices in the criminal justice system would also go a long way.
Conclusively, the Soc 443 course deals with the relationship between the law, the legal system, and society. Theorists such as Karl Marx, Max Weber, and Emile Durkheim have contributed significantly to understanding the sociology of law, as illustrated in the course. However, their definition of law varies due to their different perspectives. Also, the course enables students to be active participants of the law by promoting change and facilitating it through law in action. I would like to encourage change by supporting programs that support alternatives-to-arrest and incarceration programs to change the cycle of incarceration that has significantly affected the poor and people of color in the US.
References
Mayeux, S. (2018). The idea of the criminal justice system. Am. J. Crim. L. , 45 , 55.
Morrill, C., & Edelman, L. B. (2021). Sociology of Law and New Legal Realism. In Research Handbook on Modern Legal Realism . Edward Elgar Publishing.
Wagner, P., & Rabuy, B. (2017). Mass incarceration: The whole pie 2017. Prison policy initiative , 119 , 1-23.
