Law in Contemporary Society
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

Paper Title

-- By MinKyungLee - 05 May 2012

Brain storming: want to write something about Black's piece more specifically about the linkage between inequality and the strength of social control. Black proposes a macro, sociological, and quantitative analysis of law. I want to focus on law in relation to social control. Two main arguments in this respect. 1) Quantity of law varies inversely with other forms of social control and 2) as the stratification increases, the more social control is present.

I have two first reactions. 1) Black continuously emphasizes that this analysis is not a psychological but a sociological analysis. Also, emphasizes that this has nothing to do with the normative analysis of the purpose or function of the law. Perhaps his analysis can provide more insight into those two methods of anlaysis as well. First, I want to think about Parsons and internalization of social norm. So perhaps the reason why quantity of law varies inverseity with other forms of social control is because with other forms of social control that is more personally related or closer to the daily routine (like family or other forms of daily etiquette-type of socila control,) the more internalized those norms of behavior, thus need less of the external other forms of social control. So perhaps although there is the macro quantitative analysis but there is another level of analysis like the macro level of analysis is linked to the micro level of analysis, the type of analysis like the boat. macro micro micro macro type of sequence. So perhaps he is analyzing the macro and macro analysis but I want to make a connection to the macro and micro and back to macro. (Coleman's methodological boat)

This probably explains why teh stratification increases and then more social control is present. The stratification (income equality even within the family) then there is less social cohesion and then this psychology of individual affects a greater need for control and deviant behavior.

Suggesting Coleman's boat theory into the analysis of Black. Black does a quantitative study of law and I want to focus on the relationship between law and social control. In terms of social control, two main points. Black has an emphasis on the macro analysis that does not go into psychological level but merely links one social phenomenon to another. Whist his studies and the focus of sociologiccal factors are certainly intriguing, I want to apply a two-level analysis on his suggested relationship between two broad social phenomena. Perhaps this would help to go in deeper to the reason and the functioning of the law.

The first factor, A. other form of social control and b. quantity of law and Black anlayzed this relationship but I want to add a second level of c. informal and formal means of social control, informal being things like family values, cultural norms and formal less personal like political structure and law. So perhaps other forms of social control, especially family values like informal ones are more present, then there is stronger internalization of social norm. Therefore, there is less need for the reliance of formal form of social control, including the law. So this is kind of like a Coleman's boat-analysis type of method that connects the macro pheonomon with the micro level of analysis.

Structure of the essay. 1. Introduction 2. Black's main points with emphasis on social control. So the definition of social control, law as a form of social control and his analytical focus 3. Coleman's boat theory and Weber's analysis on the rise of capitalism 4. internalization of social norm analysis by Parsons link to the idea that perhaps this is what's happening underneath.including the discussion of the informal/formal means of social control. 6. Conclusion: not to refute Black's theory but perhaps suggest another level of anlaytical method to supplement his study.

Section I

Subsection A

Subsub 1

Subsection B

Subsub 1

Subsub 2

Section II

Subsection A

Subsection B


You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list.

Navigation

Webs Webs

r3 - 14 May 2012 - 02:14:19 - MinKyungLee
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM