Sociology and law unit 1 (Sociology)
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Transcript of Sociology and law unit 1 (Sociology)
Origin of Sociology-1
ORIGIN OF SOCIOLOGY • Man was living in groups
• Scattered groups – dangers, insecurities
• Realized need of social awareness
Various stages of growth Theological ideas Faith in divine phenomena
Historical Retrospect
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
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
SOCIOLOGY AS A DISCIPLINE- 2
Yale University of USA – 1876 France – 1889 United Kingdom – 1907 Egypt – 1924 Sweden - 1947
SOCIOLOGY AS A DISCIPLINE
Bombay University – 1914 Calcutta – 1917 Poona University – 1930 Universities, Colleges - 1951
Development of Sociology in India:
Trends with Western Influence Trends with Traditional Influence Trends with Synthetic western and Traditional
Influence
Patterns of Development of Sociology in India
Nature of Sociology-3
THE NATURE OF SOCIOLOGY
• Sociology – scientific in nature
• Characteristics of Sociology
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
Characteristics
Sociology is a positive science, not a normative science:
◦ Not bothered for normative forms
◦ Study of what is, not what ought to beSociology is a pure science and applied science:
◦ It is theoretical
◦ Both theoretical and practical
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.
Sociology is a general science:
◦ Economics, Politics – deal with particular aspect of society
◦ Sociology deals with social phenomena in a general manner
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
Lack of experimentation :◦ Experimentation cannot be done
Lack of objectivity:
◦ Not possible to measure, weight sentiments, emotions
◦ There is subjectivity - prejudices, likes and dislikes
Objections to Sociology being called a science
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
Sociology and Law-4
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
Sociology and Law
Law and Social Change:
Law to suit to new situations
Law will allow for peaceful change
Laws to undergo change to meet societal needs
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
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
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.
Humanistic Values
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
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
Sociology of Law
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.
Sociological Jurisprudence
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.
Sociology and Law
Norms and values-5
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
Norms incorporate value judgment
◦ Buckman :
Members exhibit certain regularities
Such regularities are social norms
◦ Brown and Selznic:
Expected behavior, ideal behaviour
Model practices
Violation attracts punishment Norm-prescriptive proscriptive Prescriptive- require certain actions Proscriptive – prohibit certain actions
Social Norms and its sanctions
Characteristics They control social behavior They change from group to group Norms – relevance to sex, occupation, status
Functions and importance They regulate behavior They give cohesion to society They uphold values of society They influence thinking, attitudes
Individuals conformity to Norms:
By conformity, one gets cooperation
Receives rewards, praise
Punishments, reward promote conformity
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
Utility:◦ Norms, useful to all members – to the best
interests Group Identification:
◦ By conformity, we identify with the group
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
Classification of Norms
Folkways :◦ Recognized or accepted ways of behaving,
conventions, forms of etiquetteCustoms:
◦ Practices accepted as appropriate modes of behavior
◦ Religious holidays, ritualsMores:
◦ They are moral rules which society accepts for social well-being
Status and Role-6
Status:◦ Social position◦ Prestige, respect◦ High or low◦ Social evaluation
Relationship of office with status:◦ Status attached to office◦ Not to individuals
STATUS AND ROLE
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
Kinds or Types of status
Ascribed
◦ Based on sex, age, birth, heredity
◦ Cannot be changed
Achieved
◦ Education, vocation and profession
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
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
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
Institution and Association-7
Institution :
◦ Men live in society
◦ To satisfy wants
◦ Form an organization
◦ Frame rules of procedure
INSTITUTION AND ASSOCIATION
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
According to Hertzler
Institutionalization:◦ Patterns of behaviour legitimized◦ Accepted as right
Norm to be institutionalized - Three conditions:◦ People to accept◦ Take it seriously◦ Norm to be sanctioned
Functions and merits:
◦ To transfer culture
◦ Unity in behavior
◦ Governs relations
Demerits:
◦ Creates hurdles for development
◦ Fanaticism
◦ Difficulties for universal brotherhood
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
ASSOCIATION
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
Characteristics:◦ Human groups – for defined objects◦ Common interest◦ Cooperative spirit◦ Organization – to complete specific task◦ Laws – numbers to follow rules, regulations
Difference between Institution and Association:
◦ Structure - No structure
◦ Abstract - Concrete
◦ Evolutionary - Formed