Study Guide for the first test based on the readings from the Sociology of Law

Introduction, Chapter 1, and pages 119-131 in Chapter 5

Introduction

Differentiate between jurisprudence and the sociology of law. Define the concept of law. Define and give examples of the three functions of the law. Differentiate between the form and content of law. Define hegemony and reification and give examples of each. Outline the different dimensions of Trubek's schema for understanding the different dimensions of law. What is liberal legalism? What is substantive justice and how does it differ from formal justice?

Chapter 1 Emile Durkheim

What is a social fact? Differentiate between mechanical and organic solidarity. Include a discussion of the role that the collective conscience has in both form of solidarity. Differentiate between repressive and restitutive laws. What is the social origin of each form of law? How does punishment evolve? What is anomie? Would a Ph.D. driving a taxi be of concern for Durkheim? How does the contract symbolically represent cooperation? How did the consensual contract come into being? Can a modern contract be freely entered into yet be unjust (repressive formalism)? Give an example? How does inheritance undermine the likelihood that any contract will be truly just? According to Durkheim, how did private property evolve? Did Durkheim argue and organize against structured forms of inequality? Does the content of laws reflect the interests of the propertied class? How is liberty found in law?

Chapter 5 Structural-Functionalism and Autopoiesis

Trace the evolutionary history of law. In essence, structural-functionalists argue that laws works to maintain the overall stability of the social system. Describe how law functions to "grease the wheels" in order to create and maintain a smooth running system. According to the autopoiesis perspective, how can law be at the same time a self contained unit that is self-reproducing but also be open to incorporating external factors?