SOCIOLOGY NOTES.

Society: An Overview

Society refers to a collective of individuals who share a common geographic territory and are interconnected
through social relationships. This organization involves the amalgamation of human beings into communities
characterized by shared values, norms, customs, and institutions. Societal structures can vary widely, ranging from
small, closely-knit communities to large, complex nations.

 August Comte's Perspective: August Comte envisioned society as a social organism characterized by a
harmonious structure and function.

 Emile Durkheim's View: Emile Durkheim regarded society as a distinct reality with its own existence and
influence.

 Talcott Parson's Notion: Talcott Parson defined society as a total complex of human relationships,
emerging from actions in terms of intrinsic or symbolic means-end relationships.

 G.H Mead's Concept: G.H Mead conceptualized society as an exchange of gestures involving the use of
symbols.

 Morris Ginsberg's Definition: Morris Ginsberg described society as a collection of individuals united by
specific relations or modes of behavior that distinguish them from others.

 Cole's Perspective: Cole perceived society as the complex of organized associations and institutions within
a community.

 Maciver and Page's View: Maciver and Page identified society as a system encompassing usages,
procedures, authority, mutual aid, groupings, divisions, controls, liberties, and a web of social
relationships.

Two Perspectives: Functional and Structural Definitions

 Functional Definition: From a functional standpoint, society is seen as a complex of groups in reciprocal
relationships, interacting to facilitate life activities, and helping individuals fulfill their wishes and interests
in association with others.

 Structural Definition: From a structural viewpoint, society is defined as the total social heritage
encompassing folkways, mores, institutions, habits, sentiments, and ideals.

Behavior in Society: Understanding Norms

 In a group, individuals are expected to adhere to the norms specific to that group.

 The behavior and personality of one member can influence the entire group.

 Norms, generally unwritten and socially enforced, regulate human behavior.

 Passed down through time by culture or society, norms are integral to the socialization and learning
process.

 Some norms may be detrimental, leading to poor communication among people.

 Norms serve as specific guides to acceptable and appropriate behavior in various situations.
Standards of group behavior- Social norms.
• An essential characteristic of group life.
• Regulates the behavior of an individual in a group and also act as 'informal social control'.
Formal and Informal Norms
Formal Norms: Formal norms are established, written rules that are worked out and agreed
upon to suit and serve the majority of people. Examples include laws, employee manuals,
college entrance exam requirements, and "no running" signs at swimming pools. They are the
most specific and clearly stated norms, strictly enforced to varying degrees based on cultural
values.
Informal Norms: Informal norms encompass folkways and mores.
 Folkways:

o Expected to be followed, though there is no formal sanction except some kind of

reprimand.

o Adjustable and accommodative habits.

 Mores:

o Unwritten norms, violation of which brings severe punishment and penalty.

Norms becoming "Law" based on Social Sanction:

 Descriptive Norms:

o People's perception of commonly accepted behavior in specific situations, often tied to

culture.

 Prescriptive Norms:

 Unwritten rules understood and followed by society on an everyday basis.

 Proscriptive Norms:

 Unwritten rules regarding individuals' behavior in terms of "do's and don'ts," varying
across cultures.

Process of Norms Becoming "Law" Based on Social Sanction:

 Formation of Norms

 Wide Social Acceptance and Enforcement

 Institutionalization

 Legal Enforcement

 Continued Evolution
 Impact of Laws in the 2020s: In the third decade of the 21st century, laws have become
increasingly involved in shaping our behavior and daily lives. They impact every aspect of our
lives, both in noticeable and not-so-obvious ways. Rules and regulations now control various
aspects of our existence, sometimes influencing us in ways we might not even realize.

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Formal and Informal Norms

Formal Norms: Formal norms are established, written rules that are worked out and agreed upon to suit
and serve the majority of people. Examples include laws, employee manuals, college entrance exam
requirements, and "no running" signs at swimming pools. They are the most specific and clearly stated
norms, strictly enforced to varying degrees based on cultural values.
Informal Norms: Informal norms encompass folkways and mores.
 Folkways:
o Expected to be followed, though there is no formal sanction except some kind of
reprimand.
o Adjustable and accommodative habits.
 Mores:
o Unwritten norms, violation of which brings severe punishment and penalty.
Norms becoming "Law" based on Social Sanction:
 Descriptive Norms:
 People's perception of commonly accepted behavior in specific situations, often tied to
culture.
 Prescriptive Norms:
 Unwritten rules understood and followed by society on an everyday basis.
 Proscriptive Norms:
 Unwritten rules regarding individuals' behavior in terms of "do's and don'ts," varying
across cultures.
Process of Norms Becoming "Law" Based on Social Sanction:
 Formation of Norms
 Wide Social Acceptance and Enforcement
 Institutionalization
 Legal Enforcement
 Continued Evolution
Impact of Laws in the 2020s: In the third decade of the 21st century, laws have become increasingly
involved in shaping our behavior and daily lives. They impact every aspect of our lives, both in noticeable
and not-so-obvious ways. Rules and regulations now control various aspects of our existence, sometimes
influencing us in ways we might not even realize.
Standards of Group Behavior: Social Norms

Social norms are integral to group life, serving as essential characteristics that regulate individual behavior within a
group. Often referred to as the "rules of behavior," social norms act as informal social controls, influencing how
individuals interact and engage within their societal context.

Formal and Informal Norms:

Formal Norms: These are established, written rules that are agreed upon to serve the majority. Examples include
laws, employee manuals, college entrance exam requirements, and posted signs like "no running" at swimming
pools. Formal norms are highly specific, clearly stated, and strictly enforced, though the degree of enforcement
varies based on cultural values.

Informal Norms:

1. Folkways: These norms are expected to be followed, though there is no formal sanction, except for
potential reprimands. They represent adjustable and accommodative habits within a group.

2. Mores: Unwritten informal norms, violation of which results in severe punishment and penalties. Mores
carry a deeper societal significance.

The Normative Process:

The transformation of norms into "law" through social sanction involves several key steps:

 Descriptive Norms: People's perception of commonly accepted behaviors in specific situations, typically
linked to cultural norms.

 Prescriptive Norms: Unwritten rules understood and followed by society on an everyday basis.

 Proscriptive Norms: Unwritten rules regarding individuals' behavior, dictating "do's and don'ts" and varying
across cultures.

Evolution of Norms into Law:

1. Formation of Norms: Norms emerge as shared expectations within a society.

2. Wide Social Acceptance and Enforcement: Norms gain acceptance and are informally enforced through
societal expectations.

3. Institutionalization: Norms become ingrained in societal institutions, influencing behavior on a broader

scale.

4. Legal Enforcement: Some norms evolve into formal laws, backed by legal systems for enforcement.

5. Continued Evolution: Norms and laws continue to evolve in response to societal changes and values.

Laws in the 2020s:

In the third decade of the 21st century, laws play an increasingly intricate role in shaping individual and collective
behavior. They impact various aspects of daily life, often influencing actions in both overt and subtle ways. Rules
and regulations, whether apparent or not, exert a profound control over our lives, reflecting the complex interplay
between norms and legal systems.

LAW DICTATES

In any given situation, the law establishes a hierarchy, designating who holds a superordinate position and who
assumes a subordinate role. This structure helps maintain the status quo while simultaneously providing the
impetus for change when necessary.

Examples:

 Employment Contracts: Employment laws dictate the employer-employee relationship, delineating the
roles and responsibilities of each party.

 Government Structures: Constitutional laws establish the hierarchy within governmental bodies, defining
the roles of leaders and citizens.

LAW CONTROLS

The law exerts control over various aspects of our lives, particularly influencing our choices in food and regulating
establishments such as restaurants and fast-food places, often depicted in movie theaters or on television.

Examples:

 Food Safety Regulations: Health and safety laws control the quality and preparation of food in restaurants,
ensuring public well-being.

 Licensing Laws: Laws governing the operation of entertainment venues, like movie theaters, control the
types of food served and overall safety standards.

LAW REGULATES

Law plays a crucial role in regulating diverse aspects of society, from the manufacture of clothing to business
operations, revenue generation, and redress for broken agreements. It also extends its reach to personal matters
such as marriage, divorce, and everyday activities like hanging laundry outdoors.

Examples:

 Consumer Protection Laws: Regulations ensure the quality and safety of manufactured clothing, protecting
consumers from harm.

 Contract Law: Governs agreements between parties, providing a framework for business transactions and
resolutions in case of breaches.

LAW GOVERNS

The realm of family and workplace relationships falls under the governance of law. Additionally, it regulates
seemingly unrelated matters, such as motor vehicle speed limits and the length of certain activities.
Examples:

 Family Law: Governs matters like adoption, child custody, and divorce, establishing legal frameworks for
familial relationships.

 Traffic Laws: Set speed limits and rules of the road, governing the conduct of individuals using motor
vehicles.

LAW DETERMINES

From birth registration to the distribution of possessions at death, law plays a pivotal role in determining various
life events, providing legal structures for these processes.

Examples:

 Estate Planning: Laws determine how an individual's possessions are distributed upon their death,
addressing inheritance and succession.

 Birth Registration: Legal requirements govern the process of registering a birth, establishing a person's
legal identity.

LAW PROTECTS

The law serves as a protective mechanism for subaltern and marginalized individuals, defining boundaries between
private and public property. Additionally, it safeguards prevailing legal and political systems by regulating power
relationships.

Examples:

 Civil Rights Legislation: Protects marginalized communities from discrimination, ensuring equal rights and
opportunities.

 Property Laws: Define and protect ownership rights, establishing boundaries and providing legal remedies
for property disputes.

Traditional societies are more homogeneous than modern industrial ones

• Social relations are more direct and intimate, interests are shared by virtually everyone, and there are fewer
things to quarrel about. Because relations are more direct and intimate, nonlegal and often informal mechanisms
of social control are generally more effective.

As societies become larger, more complex, and modern, homogeneity gives way to heterogeneity. Common
interests decrease in relation to special interests. Face-to-face relations become progressively less important, as do
kinship ties. Access to material goods goods becomes more indirect, with a greater likelihood of unequal allocation,
and the struggle for available goods becomes intensified

As a result , the prospects for confict and dispute within society increase . The need for explicit regulatory and
enforcement machanisms become increasingly apparent .
The developmemt of trade and industry requires a system of formal and universal legal rules dealing with business
organizations and commercial transactions , subjects that are not dealing with business organizations and
commercial transactions, subjects that are not normally part of customary or religious law. Such commercial
activity also requires guarantees, predictability, continuity, and a more effective method for settling disputes than
that of trial by ordeal, trial by combat, or decision by a council of elders.

As a legal anthropologist , law is a response to social needs.

In the powerful words of OLIVER Wendell Holmes , Jr. , “the law embodies the story of a nation’s development
through many centuries “

Every legal system stands in a close relationship to the ideas , aims , and the purpose of society .

Law reflects the intellectual , social, economic , and political climate of its time.

Law is inseparable from the interests , goals ,and undertndings that deeply shape or compromise social and
economic life .

In the academic discipline of sociology, the study of law embraces a fitulHiber of well established areas of relevant
inquiry.

Sociology is concerned with values, interaction patterns, and ideologies that underlie the basic structural
arrangements in a society, many of which are embodied in law as substantive rules.

Both sociology and law are concerned with norms-rules that prescribe the appropriate behavior for people in a
given situation. The study of conflict and conflict resolution are central in both disciplines.

• Both sociology and law are concerned with the nature of legitimate authority, the definition of relationships,
mechanisms of social control, issues of human rights, power arrangements, the relationship between public and
private spheres, and formal contractual commitments.

Both sociologists and lawyers are aware that the behavior of judges, jurors, criminals, litigants, and other
consumers of legal products is charged with emotion, distorted by cognitive glitches and failures of will and
constrained by altruism, etiquette, or a sense of duty.

Even though customs are rules of conduct , they are not laws because they do not have the above three functions ,
and they are generally observed “without deliberation and without thinking “

The paramount function of law is to regulate and constrain the behaviour of individuals in their relationships with
one another.

Ideally, law is to be used only when other formal and informal methods of social control fail to operate or are
inadequate for the job.
• Finally, law can be distinguished from other forms of social control primarily in that it is a formal system
embodying explicit rules of conduct, the planned use of sanctions to ensure compliance with the rules, and a group
of authorized officials designated to interpret the rules and apply sanctions to violators.

TYPES OF LAW AND LEGAL SYSTEMS

Feature Public Law Private Law

Nature of Involves disputes between individuals Deals with disputes between private individuals or
Disputes and the state or government entities. entities.

Government or its agencies vs.

Parties Involved individuals/entities. Individual vs. individual or entity vs. entity.

Aims to regulate the relationship between Regulates relationships between private entities and
Purpose the state and its citizens. individuals.

Enforcement Public authorities enforce public law. Private parties enforce private law through lawsuits.

Penalties may involve fines,

imprisonment, or other government- Typically involves compensation or remedies such as
Penalties imposed sanctions. damages, injunctions, or specific performance.

Constitutional law, administrative law,

Example Areas criminal law. Contract law, property law, tort law.

Interest
Protected Public interest and societal order. Individual rights and private interests.
Feature Public Law Private Law

Derived from statutes, regulations, and

Source of Law constitutional provisions. Mainly derived from statutes and legal precedents.

Legal Often involves government as a party in Involves private individuals or entities as the primary
Proceedings legal proceedings. parties in legal proceedings.

Government's role is to provide a legal framework

Role of Government acts as the enforcer and and enforce contracts but does not play an active
Government regulator. role in individual disputes.

Feature Substantive Law Procedural Law

Defines and regulates the rights and Outlines the process and methods for enforcing rights
Focus duties of individuals and entities. and duties defined by substantive law.

Concerned with the substance of legal Concerned with the rules and processes that govern
Content rights and obligations. how legal cases are handled.

Specifies what behavior is legal or illegal, Prescribes the methods and steps to be followed in
Role establishes rights and responsibilities. legal proceedings.

Guides the steps to be taken during legal proceedings,

Provides the legal principles and including the gathering of evidence and presenting
Enforcement standards for resolving disputes. arguments.

Examples Criminal law, contract law, property law. Rules of evidence, civil procedure, criminal procedure.

Determines the rights, obligations, and Dictates how legal actions are initiated, conducted,
Outcome remedies available to parties. and resolved.

Concerned Courts, lawyers, and other legal professionals involved

Parties Individuals, entities, and the state. in the judicial process.

Changes Over Generally remains relatively stable over Can change more frequently as legal systems adapt to
Time time. new circumstances or societal needs.

May vary from one jurisdiction to another based on

Jurisdiction Applies universally within a legal system. legal traditions and procedures.

Courts interpret and apply substantive Courts ensure the fair application of procedural rules
Role of Court law to specific cases. during legal proceedings.

Legal Questions Addresses questions of "what is the Addresses questions of "how is the law applied and
Feature Substantive Law Procedural Law

law?" enforced?"

MAJOR LEGAL SYSTEMS

MAJOR LEGAL SYSTEMS

• In addition to the types of law, there is a large variety of legal systems. The dominant legal systems that exist in
various forms throughout the world are the Romano-Germanic Law, Common Law, Socialist Law, and Islamic Law.
The Romano-Germanic Civil Law systems predominate in Europe, in most of the former colonies of France,
Germany, Italy, Spain, Portugal, and Belgium and in countries that have westernized their legal systems in the

nineteenth and twentieth centuries.

• Common Law systems are predominant in English speaking countries.

• Islamic systems are found in the Middle East and some other parts of the world to which Islam has spread.

• Socialist Legal systems prevail in the People's Republic of China, Vietnam, Cuba, and North Korea. Remnants of
socialist systems are still found in e former Soviet Union and Eastern European countries.
The Romano-Germanic, or civil, law refers to legal science that has developed on the basis of Roman jus civile or
civil law (Plessis, 2010). The foundation of this system is the compilation of rules made in the sixth century A.D.
under the Roman emperor Justinian.

These rules are contained in the Code of Justinian and have evolved essentially as private law, as a means of
regulating private relationships between individuals (Mears, 2004).

After the fall of the Roman Empire, the Code of Justinian competed with the customary law of the Germanic tribes
that had invaded Europe. The code was reintroduced in law school curricula between A.D. 1100 and A.D. 1200 in
northern Europe, then spread to other parts of the continent.

Roman law thus coexisted with the local systems throughout Europe up to the seventeenth century. In the
nineteenth century, the Napoleonic code and, subsequently, the code of the new German Empire of 1900 and the
Swiss code of 1907 are examples of the institutionalization of this legal system.

APPROACHES TO LAW AND SOCIETY

Consensus perspective considers law as a neutral framewoek for social integration

In this view , society is composed of diverse groups whose interests often conflict with one another but are in basic
harmony .

Interest groups ae essential for well-being of society , and that reconciliation among the conflicting interests of
these diverse groups is lso essential to secure and maintain social order

Sees society as functionally integrated , relatively stable social system held together by consensus of basic values.

Law is seen as a neutral framework for maintaining social integration.

The conflict paradigm takes the exact opposite approach.

The conflict theorists see the law as a weapon of the ruling class to maintain a status quo.

The conflict approach emphasizes the role of special-interest groups in society.

Many conflict theorists agree that social institutions were originally designed to meet basic survival needs, but are
now controlled by the Rower elite that manipulates them expressly to maintain its own ged position of wealth and
power.

Roscoe Pound

an attempt to satisfy, to reconcile, to harmonize, to adjust these overlapping and often conflicting claims and
demands, either through securing them directly and immediately, or through securing certain individual alin
interests, or through delimitations or compromises of individual Interests, so as to give effect to the greatest total of
interests or to the interests that weigh most in our civilization, with the least sacrifice of the scheme of the interests
as a whole...
Richard Quinney

Law is made by men, representing special interests, who have the power to translate their interests into public
policy. Unlike the pluralistic conception of politics, law does not represent a compromise of the diverse interest in
society, but supports some interests at the expense of others...

THERE IS NO SINGLE, WIDELY ACCEPTED , COMPREHENSIVE TTTHEORY OF LAW ND SOCIETY.