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Law & Society 2

4 views on law making Rationalistic Functionalistic Conflict Moral entrepreneur
6 pre-law making strategies 1) publicizing 2) info gathered 3) Formulation 4) Interest aggregation 5) Mobilization 6) Alteration
Legislative law-making create/pass laws
judicial law-making interpret/change laws
Amicus curiae "Friend of the court"
Informal social control homogenous, small, traditional society
Mores societal norms of right/wrong
Folkways common practices
Formal social control complex, heterogenous, deterrence
Legalization make something legal
Decriminalization reclassify crime, or reduce penalty
3 purposes of punishment retribution taking away freedom incapacitation
Deterrence effectiveness: certainty, celerity, severity general, specific
Medicalization of deviance civil commitment rehabilitation
White collar criminal Older: 30-50 Male College rich
Street criminal younger: 16-24 male low edu poor
Causes for occupational opportunity crime competition greed economic
Death penalty: why continue/discontinue Continue: based on public opinion --> yes! discontinue: costly, irreversible
Respondeat superior "sins of the employee is imputed to the employer"
4 types of litigants 1 shooter v. 1 shooter 1 shooter v. repeat player Repeat player v. 1 shooter Repeat player v. Repeat player
Example of 1 shooter litigant Student
Example of 1 shooter repeat player Northwestern Mutual
3 distinct phases of litigation 1) Grievance (pre-conflict) 2) Conflict 3) Public
Primary resolution process 1) Negotiation 2) Mediation 3) Arbitration: Adjudication, Hybrid processes
Reasons for litigation -increased demand for court services -social development: increased # of court agencies -costs & benefits -rights and remedies
Created by: 579360297