NBH

1. SOCIOLOGY OF LAW
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CHAPTER 2

2. Sociology of Law
The first division of criminology which attempts to offer scientific
analysis of the conditions under penal or criminal laws are develped
as a process of formal social control.
Both a sub-discipline of sociology & an approach within the field of
legal studies.
Examines the interaction of law with other aspects of society.

3. General Types of Law
Natural Laws
Statutory Laws
Divine Laws

4. Natural Laws
 These are rooted in core values shared by many
cultures.
 Protects against harm to persons or property, and
form the basis of common law system.
 (Philippines) crimes that are mala in se which
contained in the RPC
Examples:
• Right to life
• Pursuit of Happiness
• Family Bonds
• Property ownership
• Self-defense
• Truth-telling
• Religious Freedom
• Reproduction Rights

5. Statutory Laws
 These are enacted by legislatures & reflect current
cultural norms & mores.
 (Philippines) These are penal laws created by the
Congress (House of Representatives and Senate)
which is called Mala Prohibita.
Examples:
• Require you to wear seatbelts
• Require citizens to pay taxes
• Prevention of discrimination
• Minimum ages for works permit
• Voting requirements

6. Divine Laws
Those rules enshrined in the Holy Book.
 This vary depending on the religious
denomination each person belongs to
Examples:
• The norms contained in the word
of the Holy Scripture (Bible) as
revealed divine law.
• They may spell out obligations of
natural law in order to clarify
them (10 commandments)
• Direct us toward our proper end.

7. Natural Law vs Divine Law
Natural Law
• A theory that suggests there is a
set of rights inherent to existence.
• A set of intrinsic values in
humans.
• Constant across the globe as it is
based on human nature.
• Involves reasoning and intrinsic
values.
Divine Law
• Any law or rule that is believed to
come directly from God.
• Comes only from God.
• May differ from religion to
religion.
• Involves devotion.

8. General Types of Crime
Blue-Collar Crimes
Corporate Crime
Organized Crime or
Criminal Organizations
Political Crime
Public Order Crime

9. Blue-Collar Crime  Any crime committed by an individual from a lower
social class as opposed to white collar crime which is
associated with crime committed by individuals of a
higher social class.
Examples:
• Theft offenses (shoplifting &
burglary)
• Violent crimes (assault & battery)
• Drug crimes (manufacturing,
distribution, & possession)

10. Corporate Crime
 Committed either by a corporation (business entity having a
separate legal personality from the natural persons that manage
its activities), or by individuals that may be identified with a
corporation or other business entity.
Examples:
• Insider trading (stock trading
based on material, non-public
information)
• Kickbacks
• Misuse of corporate property for
personal gain
• Individual tax violations related to
self-dealing.

11. Organized Crime
or Criminal
Organizations
 Groups or operations run by criminals, most
commonly for the purpose of generating a
monetary profit.
Examples:
• Human Trafficking
• Drugs Trafficking
• Illicit goods and weapons
• Armed Robbery
• Counterfeiting
• Money Laundering

12. Political Crime This involves overt acts or omission, which
prejudice the interests of the state, its government
or the political system
Examples:
• Bribery
• Treason
• Sedition
• Espionage
• Perjury
• Human Rights Violations
• Whistleblowing

13. Public Order Crime
This involves acts that interfere with the operations of
society and the ability of people to function efficently.
 It is behavior that has been labeled criminal because it is
contrary to shared norms, social values, & customs.
 This is now the preferred term as against the use of the
word “victimless” based on the idea that there are
secondary victims.
Examples:
• Disrupting a peaceful
assembly
• Obstructing traffic
• Making too much noise
• disrupting a funeral
• Drunkeness

14. The Applications of victimless crimes are the following:
 A victimless crime may be one in which the victim is the accused.
 In common usage, victimless crime refers to behavior that is illegal
but which is claimed to not violate or threaten the rights of anyone
& may be associated with the implication that the behavior should,
therefore, not be illegal.
 Victimless crime is now termed Public Order Crime.
 In law, case has developed to discuss what used to be termed
“victimless” crime.

15. State Crime The activity or failure to act that breaks the state’s
own criminal law or public international law.
Examples:
• Rebellion
• Coup d’etat
• Sedition
• Public Disorder

16. State-Corporate Crime Crimes resulted from the relationship
between the policies of the state and the
policies and practices of commercial
corporations.
 When the government cooperates with
business & corporations in a way that
produces illegal or socially injurious
results.
Examples:
• Violations of environmental
law
• False claims
• Corporate Fraud

17. White-Collar Crime Crime committed by a person of
respectability and high social status in
the course of his occupation.
Examples:
• Tax evasion
• Money Laundering
• Identities Fraud
• Embezzlement