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53 Cards in this Set
- Front
- Back
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mode of production
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form an economic system takes
organization to produce and distribute commodities and services |
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forces of production
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turning raw materials into something useful
force determines relations |
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relations of production
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socioeconomic relations
how people relate in terms of producing and exchanging commodities |
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structural Marxism
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autonomous
law=outcome of multiple causes oriented towards long term survival of capitalism |
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fetishism
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worship of commodities
commodities owe existence to us! |
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hunting and gathering society
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simple division of labor (gender)
no private property classless |
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ancient society
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Greek/Roman
production based on property in slaves patricians, plebians, and slaves |
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patricians
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slave owners
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slaves
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major producers
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plebians
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not slaves, not slave owners
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feudal society
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European Middle Ages
production based on land and laborers legally bound to it landowning aristocracy, serfs, artisans multiplicity of conflict |
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capitalist society
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Industrial Revolution
major classes are those that own the means of production and those who don't bourgeoisie and proletariat |
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socialist society
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transitional stage to communism
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communist society
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economic classless society
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use value
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commodities are qualitatively different from others
what needs the commodity satisfies |
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exchange value
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2 qualitatively unequal commodities become QUANTITATIVELY equal
commodities are exchanged based on price value |
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infrastructure
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base that determines super structure
encompasses forces and relations of production |
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superstructure
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social institutions and culture
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juridic subject
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abstract bearer of certain rights
reasonable man in law |
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instrumental Marxism
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revolved around economic structure
economy determines everything economy promotes upper class |
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mechanical solidarity
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small, intimate
simple division of labor strong collective conscience emphasis on the group |
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organic solidarity
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large and heterogeneous
specialized division of labor cohesion based on differences weak collective conscience |
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collective conscience
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values, ideas
morality |
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repressive law
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mechanical
criminal law focused on punishment, suffering, loss |
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restitutive law
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organic
tries to restore relations from before tort law |
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blood covenant
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kin, blood ties
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real contract
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temporary bond
2 people need something, exchange, move on can be a service |
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solemn contract
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declaration in words
oath 3rd party (divinity) is part of agreement words are sacred |
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consensual contract
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modern, secular form
detached bond from others revolutionary according to Durkheim embodies free will |
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just contract
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equity
ideal to Durkheim freely entering into a contract doesn't mean it is just |
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social value
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amount of useful labor reflected in objects of exchange
1. sum of efforts needed to produce 2. intensity of needs objects satisfy 3. extent of satisfaction |
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traditional authority
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validity of law comes from habit, custom
historical continuity ex. monarchs |
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charismatic authority
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leader possesses exceptional qualities
holiness, supernatural ex. MLK, Jesus |
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legal authority
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belief in validity of law itself
law stands above subjects and rulers ex. President |
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bureaucracies
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formal organizations that are representative of legal law
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high formal law
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employs standards and logic INTERNAL to the legal system
bound by general body of laws |
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substantive law
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employs extralegal criteria
moral, ethical, religious, emotional, political, ideological |
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high rational
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predictable, general
some criteria applies to all like cases |
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irrational law
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similar cases dealt with differently
little predictability |
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formal irrational law
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rules exist concerning procedures to be applied
decision is not predictable there are hidden rules |
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formal irrational law example
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divine revelation
trial by ordeal magic (Asande) |
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substantive irrational law
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any one external criterion is used
no general norm similar situations will have different outcomes |
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substantive irrational law example
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jury system
islamic law |
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substantive rational law
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external principle is employed
ethical imperatives, political maxims higher degree of predictability |
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substantive rational law example
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canon law
talmudic (Jewish) law |
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formal rational law
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decisions based on unambiguous rules
internal criteria used rules are product of conscious construction |
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formal rational law example
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English common law
European civil law U.S. |
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purposive contract
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equal to consensual contract
individual responsibility liability and obligations |
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status contract
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opposite of purposive contract
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causes of formal rational law
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capitalism
rationalization rise of monarchies university training of legal specialists |
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charismatic authority is what form of law?
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formal irrational
substantive irrational |
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traditional authority is what form of law?
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substantive rational
formal irrational |
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legal authority is what form of law?
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formal rational
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