Functions of Law - Auburn University：法律的作用-奥本大学.pptVIP

Functions of Law Social Control, Social Change and Conflict Resolution Sociological Definitions Understanding Law as Social Control Law is “…the formal means of social control that involves the use of rules that are interpreted and are enforceable by the courts of a political community.” F. James Davis “An order shall be called law where it is guaranteed by the likelihood that (physical or psychological) coercion aimed at bringing about conformity with the order, or at avenging its violation, will be exercised by a staff of people especially holding themselves ready for this purpose.” Max Weber “A social norm is law if its breach is met by physical force in a socially approved and regular way by a socially authorized third person.” Ron Akers Understanding these Definitions: Law as Social Control First, note that all of these definitions understand the central function of law to be a social control function. Social control is part of our everyday life, and does not necessarily use law to achieve its ends Understanding these Definitions: The Problem of Coercion Sociological definitions of law also grapple with “the problem of coercion.” Two questions are asked: Is a provision for the use of coercion a necessary part of a definition of law? If so, who is authorized to use that coercion? The answer to these question shapes the nature of definition of law for sociologists Law as Social Change Defining Social Change refers to changes in social institutions, role, and status definitions; i.e., changes in social structure and/or culture does not refer to: demographic changes in population changes in attitudes except as these are transformed into cultural or structural change Difficulty in assessing role of law in effecting social change Question of causal direction Question of spuriousness Conditions for Effective Social Change Law must emanate from authoritative source Must present rationale for law in understandable terms which are compatible with prevalent values Sh