Spring, 05, Law and Social Injustice, Soc 457, First Test, Dr. Unnever. Please do not write on this and remember to bring it to class the night of the exam.
1. Relate the assumptions of functional theory to the concept of structure-function. Define structure and function. What are the major structures that make up complex industrial societies? All social structures reproduce the collective conscience-explain. Define the collective conscience. Why is structure-functionalism also referred to as consensus theory?
2. How would Durkheim account for the tremendous cultural diversity that exists in the world today and particularly before imperialistic expansion? How can we explain cultural diversity that exists within a homogeneous ecological area? Are there universal cultural rights and wrongs? What is the scientifically correct method of studying behavior that occurs in cultures other than our own-use the concepts of ethnocentrism and culture relativity? Why is behavior diversified within a society? What function does this internal diversity of behavior have for the overall stability of a society? Is cross-cultural diversity relevant to the study of law/crime? What would be your justification for using force against another country because of what they were doing internally?
3. Thoroughly discuss the concept of social change from a structure-functionalist perspective. What is the ultimate origin of social change? Why must social change always be progressive, evolutionary, and gradual? Include in your answer a thorough discussion of the role that technology plays in generating social change. Also, include a discussion of the role that "survival of the fittest," "natural selection," and efficiency have in creating gradual change. Is revolutionary change theoretically impossible? Is there a utopian version of social change imbedded within this perspective? The creation and implementation of technology and the potential surplus it creates is nonproblematic from this perspective-why and give examples of how technology is equally beneficial for all social classes of people? Discuss Durkheim's explanation of how societies respond to structural changes such as the return of women to the workplace. Use the concept of a "built in self-regulating mechanism" in your answer. What would be the "perfect" society for Durkheim?
4. What is crime? Is a crime free society possible? What is the function of crime? Include in your answer Durkheim's use of the concept "passionate reaction." Is crime normal? When is crime abnormal? What do abnormal crime rates indicate? Abnormal crime rates are potential indicators of social change-explain. Does the severity of punishment differ across societies for the same behavior-why or why not? Does a behavior's objective harm cause it to become defined as criminal? Is the severity of punishment attached to a behavior related to its objective harm? It could be argued that all prisoners are political and that the prisoners of today maybe the heroes of tomorrow-explain and give examples.
5. The basic premise of Durkheim's analysis is that through the examination of the types of laws a society has one can gain a fundamental understanding of the type of solidarity that society has-explain. Explain how societies evolve from mechanical to organic solidarity. How does Durkheim explain the rise of intense individualism in the late 1800s and throughout the 20th century? Is the increase in individualism problematic for the stability of modern industrialized societies-why or why not? Clearly, differentiate between repressive and restitutive laws. What are the origins of both of these types of law? What are the functions of each type of law? Give examples of both types of laws. Include in your answer why Durkheim refers to property rights as "real rights" and discuss the laws that surround contracts. Discuss the legitimacy of both types of laws.
6. Discuss the role of the state in the creation and enforcement of repressive and restitutive laws. Does unequal power cause laws to be biased in favor of the privileged class and against the poor? Is the state (criminal justice system) value-neutral?
7. Law is the final frontier-explain. Why is it important to study the sociology of law? What does it mean when we say that law needs to be treated as a dependent variable? Why do sociologists of law ask the question "why now?" Present examples of how the sociology of law can increase our understanding of how our society functions. Why can it be argued that laws are the ultimate cause of crime?
8. Presently, the administration has declared a war on crime that is causing a more intense use of the criminal justice system to arrest, convict, and punish criminals. Compare this war on crime to the Puritan war against "witches." According to functionalists, what are the underlying reasons why crime waves are generated by societies? Use the concepts of rituals and ceremonies in your answer. From a functionalist perspective, explain why our culture has such a profound crime problem whereas other cultures have less crime.