Law, Justice, and Society:A Sociole gal Introduction    Chapter 11    The Law and Social Change
The Law and Social ChangeWhat is Social Change?  ƒ    any relatively enduring alteration in social      relationships, beh...
The Law and Social ChangeLaw as a Cause of Social Change„ law is mostly reactive„ law can be an independent source of  cha...
The Law and Social ChangeLaw as a Cause of Social Change (cont.)„ two views:„ conservative:  ƒ active use of law to genera...
The Law and Social ChangeLaw as a Cause of Social Change (cont.)„ other view: too many customs in the  United States for t...
The Law and Social ChangeReciprocal Relationship Between Social  Change and Law„ changes in law give rise to changes in  s...
The Law and Social Change                     Typical Role of Law in Social Change                       Racial           ...
The Law and Social ChangeSocial Movements, the Law, and Social Change„ most often facilitative rather than causative„ soci...
The Law and Social ChangeSocial Movements, the Law, and Social Change  Cont’d„ politics of social movements depend on  dem...
The Law and Social ChangeExamples of the Role of Law in Social Movements:„ worker’s rights„ rights of gays and lesbians„ a...
The Law and Social ChangeBritish Law and the American Revolution„ British laws after the French and Indian Wars  were desi...
The Law and Social ChangeLaw and Social Engineering in USSR„ pre-USSR law suppressed social change  and retarded social pr...
The Law and Social ChangeThe U.S. Supreme Court and Social ChangeRosenberg’s (1991) two views of the USSC’s  ability to in...
The Law and Social ChangeThe Dynamic View„ the Court can be more effective than  other government institutions in bringing...
The Law and Social ChangeThe Constrained View„ the Court can rarely produce significant  social change due to three constr...
The Law and Social Change„ USSC has created little social change  unless all three of these oppositions have  not been pre...
The Law and Social ChangeThe USSC and Legitimacy„ the ability to command compliance with  rules despite lacking means to c...
The Law and Social ChangeStrict Constructionists„ justices who believe that the Court’s task  is to take the Constitution ...
The Law and Social ChangeJudicial Activism„ judicial governance: violation of the  constitutional separation of powers
The Law and Social ChangeUSSC’s Role in Maintaining the Status Quo„ extreme concentration of wealth leads to  de facto plu...
The Law and Social ChangeUSSC’s Role in Maintaining the Status Quo  (cont.)„ Fourteenth Amendment  ƒ created to protect th...
The Law and Social ChangeUSSC’s Role in Inducing Social Change„ USSC expanded the federal government’s  power„ acted as a ...
The Law and Social ChangeUSSC’s Role in Inducing Social Change (cont.)„ Marshall Court: molding a national identity„ Taney...
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Walsh power point_chapter 11 (with socialmovements)

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Walsh power point_chapter 11 (with socialmovements)

  1. 1. Law, Justice, and Society:A Sociole gal Introduction Chapter 11 The Law and Social Change
  2. 2. The Law and Social ChangeWhat is Social Change? ƒ any relatively enduring alteration in social relationships, behavior patterns, values, norms, and attitudes occurring over time
  3. 3. The Law and Social ChangeLaw as a Cause of Social Change„ law is mostly reactive„ law can be an independent source of change
  4. 4. The Law and Social ChangeLaw as a Cause of Social Change (cont.)„ two views:„ conservative: ƒ active use of law to generate social change is wrong ƒ law must be a natural extension of social custom
  5. 5. The Law and Social ChangeLaw 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. 6. The Law and Social ChangeReciprocal 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. 7. The Law and Social Change Typical Role of Law in Social Change Racial Business Social Alcohol use 4th Amendment segregation is should beDemands: wrong causes crime regulated rights need protecting Legislatures Courts Legislative Sherman Civil Rights Acts 18th Amendment Exclusionary rule Acts/Judicial (Prohibition) Anti-trust Act Decisions:
  8. 8. The Law and Social ChangeSocial 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. 9. The Law and Social ChangeSocial Movements, the Law, and Social Change Cont’d„ 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. 10. The Law and Social ChangeExamples of the Role of Law in Social Movements:„ worker’s rights„ rights of gays and lesbians„ abortion rights„ womens rights„ minority and racial/ethnic rights
  11. 11. The Law and Social ChangeBritish 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. 12. The Law and Social ChangeLaw and Social Engineering in USSR„ pre-USSR law suppressed social change and retarded social progress„ USSR used the law to force social change ƒ 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. 13. The Law and Social ChangeThe U.S. Supreme Court and Social ChangeRosenberg’s (1991) two views of the USSC’s ability to induce social change„ dynamic view„ constrained view
  14. 14. The Law and Social ChangeThe 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. 15. The Law and Social ChangeThe 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. 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 USSC’s main resource: legitimacy
  17. 17. The Law and Social ChangeThe USSC and Legitimacy„ the ability to command compliance with rules despite lacking means to compel„ Weber’s three types: ƒ 1. Traditional ƒ 2. Charismatic ƒ 3. Rational-legal„ Supreme Court enjoys all of these
  18. 18. The Law and Social ChangeStrict Constructionists„ justices who believe that the Court’s task is to take the Constitution in light of its Framers’ original intent„ what effect would such justices have on social change?
  19. 19. The Law and Social ChangeJudicial Activism„ judicial governance: violation of the constitutional separation of powers
  20. 20. The Law and Social ChangeUSSC’s 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. 21. The Law and Social ChangeUSSC’s Role in Maintaining the Status Quo (cont.)„ Fourteenth Amendment ƒ created to protect the most deprived members of our society ƒ USSC used it to protect rich business interests against working-class interests ƒ later used it according to its "original intent"
  22. 22. The Law and Social ChangeUSSC’s Role in Inducing Social Change„ USSC expanded the federal government’s power„ acted as a "nation builder"„ created a "national identity"
  23. 23. The Law and Social ChangeUSSC’s Role in Inducing Social Change (cont.)„ Marshall Court: molding a national identity„ Taney Court: state’s rights take precedence„ Warren and Burger Courts: the "due process revolution" ƒ these decisions have become institutionalized and accepted ƒ especially among younger generation

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