Sociology and law unit 1 (Sociology)

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Sociology and law unit 1 (Sociology)

  1. 1. • Man was living in groups • Scattered groups – dangers, insecurities • Realized need of social awareness
  2. 2.  Various stages of growth  Theological ideas  Faith in divine phenomena
  3. 3. First Phase (Aristotle, Plato) ◦ Studies of Family type ◦ Customs ◦ Problems of these times Second Phase (6th to 14th century AD) ◦ Philosophical analysis of social life ◦ Shift from religion to logic
  4. 4. Third Phase (15th to 18th AD) ◦ Evolution of Sociology as a Discipline ◦ Hobbes, Locke, Rousseau ◦ Evolution of Society- Social Contract Fourth Phase (Auguste Comte, 1798-1857) ◦ Scientific development ◦ Sociology as a science ◦ Differentiated social philosophy- Sociology
  5. 5.  Yale University of USA – 1876  France – 1889  United Kingdom – 1907  Egypt – 1924  Sweden - 1947
  6. 6.  Bombay University – 1914  Calcutta – 1917  Poona University – 1930  Universities, Colleges - 1951
  7. 7.  Trends with Western Influence  Trends with Traditional Influence  Trends with Synthetic western and Traditional Influence
  8. 8. • Sociology – scientific in nature • Characteristics of Sociology
  9. 9. Sociology is a science, not a natural science ◦ Objectives, empirical evidence ◦ Not modelled on natural sciences ◦ Subject matters of natural sciences - Static ◦ Human behaviour - Dynamic
  10. 10. Sociology is a positive science, not a normative science: ◦ Not bothered for normative forms ◦ Study of what is, not what ought to be Sociology is a pure science and applied science: ◦ It is theoretical ◦ Both theoretical and practical
  11. 11. Sociology is an abstract science, not a concrete science: ◦ Abstract science deals with thought ◦ Separate from what is real object Sociology is a Rational and Empirical Science: ◦ Empiricism – Understanding based on experience ◦ Based on observation and experiment.
  12. 12. Sociology is a general science: ◦ Economics, Politics – deal with particular aspect of society ◦ Sociology deals with social phenomena in a general manner
  13. 13. Sociology is a science of society  Every science has systematic body of knowledge  It generalizes, provides universal principles  It investigates causal relationships  It credits future events  It is a science Sociology for its Field ◦ Deals with whole life of man ◦ Social institutions ◦ Customs, Rules, groups, communities
  14. 14. Lack of experimentation : ◦ Experimentation cannot be done Lack of objectivity: ◦ Not possible to measure, weight sentiments, emotions ◦ There is subjectivity - prejudices, likes and dislikes
  15. 15. Lack of exactivity: ◦ Generalizations are not so exact ◦ They are conditional Not universal: ◦ Conclusions not applicable everywhere ◦ Human behaviour differs from person to person and place to place
  16. 16. Role of Law :  Means of Social control  Controlling a balanced social system  To determine mutual relationship  To control social conflicts, tensions  To protect properties  Role to promote developmental activities  To promote life and liberty  To help smooth social change
  17. 17. Law and Social Change:  Law to suit to new situations  Law will allow for peaceful change  Laws to undergo change to meet societal needs
  18. 18. Law as an instrument of social change:  Law is a powerful instrument of social change  It induces new pattern of behaviour  Evil customs eliminated by law
  19. 19. Legislation to bring about social change:  Legislation to sustain social structure  Law as an agency of social control and social change  Legal code to be in conformity with social values
  20. 20.  Law to lay emphasis on humanistic values  Prohibition of Sati Act, 1829  Widow Remarriage Act, 1856  Prevention of Female Infanticide Act, 1870  Child Marriage Restraint Act, 1929  Social Change Envisaged with Constitution  Constitution guarantees equality before law  Article, 19- abolished untouchability  Article, 24 -Child Labour Prohibited.
  21. 21. Relation between sociology and Law ◦ Law: a set of rules, regulations enacted by state ◦ W.B. Scot- Dictionary of Sociology ◦ System of standardized norms ◦ Regulating human conduct and social control ◦ Law enforced by formal public authority Law and sociology ◦ Law and sociology related to each other. ◦ Sociology’s concern to maintain social solidarity ◦ Law to control the social system
  22. 22.  Deals with study of legal institutions in sociological concepts  Study of social norms – central to sociology  Sociological analysis of legal codes is long standing concern  Analysis of social roles of lawyer, judge, how they relate to structure of society in major aspect of sociology of law
  23. 23.  Study of legal system functionally as a social instrument.  As part of social control, study of legal institutions, doctrines, precepts.  Law is specialized agency of social control.  Task of social control-to achieve optimum production least waste.  Functional approach to the study of law described as science of social engineering.
  24. 24.  Based on existence of human society ◦ Durkheim  Solidarity of society depends on system of laws  He explained concepts of mechanical solidarity and organic solidarity  Laws of society are backbone of a nation.
  25. 25. Norms and values Norms – meaning ◦ Norms – rules and regulations ◦ Norm is a social expectation ◦ It is a standard expected to conform ◦ Standards of group behaviours called Norms
  26. 26. Norms incorporate value judgment ◦ Buckman :  Members exhibit certain regularities  Such regularities are social norms ◦ Brown and Selznic:  Expected behavior, ideal behaviour  Model practices
  27. 27.  Violation attracts punishment  Norm-prescriptive proscriptive  Prescriptive- require certain actions  Proscriptive – prohibit certain actions
  28. 28. Characteristics  They control social behavior  They change from group to group  Norms – relevance to sex, occupation, status
  29. 29. Functions and importance  They regulate behavior  They give cohesion to society  They uphold values of society  They influence thinking, attitudes
  30. 30. Individuals conformity to Norms:  By conformity, one gets cooperation  Receives rewards, praise  Punishments, reward promote conformity
  31. 31. Other reasons for conformity: Robert Bierstadt  Indoctrination - The child taught in the family: ◦ Process of socialization- believing norms the right way  Habituation: ◦ What is customary becomes habitual
  32. 32.  Utility: ◦ Norms, useful to all members – to the best interests  Group Identification: ◦ By conformity, we identify with the group
  33. 33.  Prescriptive ◦ Rules to be followed  Proscriptive ◦ Norms tell us what we should not do The ideal norms and practical norms ◦ Ideal norms-these should be accepted ◦ Practical norms – norms to be strictly followed
  34. 34. Folkways : ◦ Recognized or accepted ways of behaving, conventions, forms of etiquette Customs: ◦ Practices accepted as appropriate modes of behavior ◦ Religious holidays, rituals Mores: ◦ They are moral rules which society accepts for social well-being
  35. 35. Status: ◦ Social position ◦ Prestige, respect ◦ High or low ◦ Social evaluation Relationship of office with status: ◦ Status attached to office ◦ Not to individuals
  36. 36. Determinants of Status: 6 factors Parsons  Birth, possessions, personal qualities, Personal achievement, power, authority No permanency  Changes with time, place  Changes with office  States relative, not absolute
  37. 37. Kinds or Types of status Ascribed ◦ Based on sex, age, birth, heredity ◦ Cannot be changed Achieved ◦ Education, vocation and profession
  38. 38. Distinction between ascribed and achieved status ◦ Ascribed – gift from society, by birth ◦ Achieved – personal efforts, capacities Importance of advantages ◦ Respect, privileges ◦ Promotes responsibility ◦ Society develops
  39. 39. ROLE ◦ Behavior expected of an individual ◦ Socialization – role attitude  Ascribed Role ◦ One acquires it automatically ◦ By birth ◦ No choice  Achieved Role ◦ One has choice ◦ Occupational roles
  40. 40.  Role conflict: ◦ When two or more roles ◦ Incompatible roles ◦ Many roles in different groups  Distinction between status and Role: ◦ Status – A position ◦ Role – behavioral aspect
  41. 41. Institution : ◦ Men live in society ◦ To satisfy wants ◦ Form an organization ◦ Frame rules of procedure
  42. 42.  Six features of institution  Core values, functions, norms and standard, Abstract, procedures, symbolic- wedding,flag. Other characteristics:  Fulfils needs  Controls individuals  Means of social work  evolutionary
  43. 43. Institutionalization: ◦ Patterns of behaviour legitimized ◦ Accepted as right Norm to be institutionalized - Three conditions: ◦ People to accept ◦ Take it seriously ◦ Norm to be sanctioned
  44. 44. Functions and merits: ◦ To transfer culture ◦ Unity in behavior ◦ Governs relations Demerits: ◦ Creates hurdles for development ◦ Fanaticism ◦ Difficulties for universal brotherhood
  45. 45.  A group of people  They must be organized  Common purpose to peruse Associations formed on several basis: Duration –  Temporary association- flood relief association  Permanent Association - State
  46. 46. On the basis of power:  Sovereign association – State  Semi-sovereign association - University  Non-sovereign association – Clubs On the basis of functions:  Biological functions – Family  Vocational functions – Teachers association  Recreation functions – Tennis club
  47. 47. Characteristics: ◦ Human groups – for defined objects ◦ Common interest ◦ Cooperative spirit ◦ Organization – to complete specific task ◦ Laws – numbers to follow rules, regulations
  48. 48. Difference between Institution and Association: ◦ Structure - No structure ◦ Abstract - Concrete ◦ Evolutionary - Formed

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