Sociology and law unit 1 (Sociology)

1. Origin of Sociology-1

2. ORIGIN OF SOCIOLOGY Man was living in groups Scattered groups – dangers, insecurities Realized need of social awareness

3. Various stages of growth Theological ideas Faith in divine phenomena Historical Retrospect

4. First Phase (Aristotle, Plato) Studies of Family type Customs Problems of these times Second Phase (6 th to 14 th century AD) Philosophical analysis of social life Shift from religion to logic

5. Third Phase (15 th to 18 th 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

6. SOCIOLOGY AS A DISCIPLINE- 2

7. Yale University of USA – 1876 France – 1889 United Kingdom – 1907 Egypt – 1924 Sweden - 1947 SOCIOLOGY AS A DISCIPLINE

8. Bombay University – 1914 Calcutta – 1917 Poona University – 1930 Universities, Colleges - 1951 Development of Sociology in India:

9. Trends with Western Influence Trends with Traditional Influence Trends with Synthetic western and Traditional Influence Patterns of Development of Sociology in India

10. Nature of Sociology-3

11. THE NATURE OF SOCIOLOGY Sociology – scientific in nature Characteristics of Sociology

12. 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

13. Sociology is a positive science, not a normative science: Not bothered for normative forms Study of what is, not what ought to be Sociology is a pure science and applied science: It is theoretical Both theoretical and practical

14. 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.

15. Sociology is a general science: Economics, Politics – deal with particular aspect of society Sociology deals with social phenomena in a general manner

16. 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

17. 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

18. 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

19. Sociology and Law-4

20. 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

21. Law and Social Change: Law to suit to new situations Law will allow for peaceful change Laws to undergo change to meet societal needs

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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

29. Norms and values-5

30. 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

31. Norms incorporate value judgment Buckman : Members exhibit certain regularities Such regularities are social norms Brown and Selznic: Expected behavior, ideal behaviour Model practices

32. Violation attracts punishment Norm-prescriptive proscriptive Prescriptive- require certain actions Proscriptive – prohibit certain actions Social Norms and its sanctions

33. Characteristics They control social behavior They change from group to group Norms – relevance to sex, occupation, status

34. Functions and importance They regulate behavior They give cohesion to society They uphold values of society They influence thinking, attitudes

35. Individuals conformity to Norms: By conformity, one gets cooperation Receives rewards, praise Punishments, reward promote conformity

36. 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

37. Utility: Norms, useful to all members – to the best interests Group Identification: By conformity, we identify with the group

38. 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

39. Folkways : Recognized or accepted ways of behaving, conventions, forms of etiquette Customs: Practices accepted as appropriate modes of behavior Religious holidays, rituals Mores: They are moral rules which society accepts for social well-being

40. Status and Role-6

41. 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

42. 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

43. Kinds or Types of status Ascribed Based on sex, age, birth, heredity Cannot be changed Achieved Education, vocation and profession

44. 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

45. 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

46. 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

47. Institution and Association-7

48. Institution : Men live in society To satisfy wants Form an organization Frame rules of procedure INSTITUTION AND ASSOCIATION

49. 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

50. Institutionalization: Patterns of behaviour legitimized Accepted as right Norm to be institutionalized - Three conditions: People to accept Take it seriously Norm to be sanctioned

51. Functions and merits: To transfer culture Unity in behavior Governs relations Demerits: Creates hurdles for development Fanaticism Difficulties for universal brotherhood

52. 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

53. 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

54. Characteristics: Human groups – for defined objects Common interest Cooperative spirit Organization – to complete specific task Laws – numbers to follow rules, regulations

55. Difference between Institution and Association: Structure - No structure Abstract - Concrete Evolutionary - Formed