Law and society: core concepts and applications

Law and Society

The Nature of Law and Justice - Sadomasochism

Sadomasochism presents the complexities and nuances involved in the nature of law and justice. In its purest definition, socially and legally, sadomasochism is a consensual act. There may even be actual contracts involved. However, this presentation shows that just because there is consent to the act, doesn't mean that the dominant can get away with anything. In cases in which the submissive party does claim harm, and can substantiate those claims with evidence, the case may be relatively cut and dry. However, the submissive party may be getting harmed due to the presence of a mental illness that creates inhibition. Other intervening variables could impact the outcome of the case. Yet because of their consent it may be difficult to take legal action in some cases. Therefore, the sadomasochism presentation does a good job with revealing the complex nature of law and justice.

Criminal Law and its Administration -- Deviance

Deviance is a core concept in criminal law and its administration. The definition of crime is directly linked to what the society views to be normative vs. deviant behavior. Even seemingly straightforward issues like murder have gray areas: such as self-defense. Acts that are deemed to be crimes simply because they represent deviant behaviors might only be classified as misdemeanors, but they are reflective of the way society treats deviance. Drug laws are a good example of what is considered criminal and what is not. Drug use is not necessarily a criminal behavior, but has been labeled as such. Therefore, drug use falls under the rubric of the legal system rather than the healthcare system.

Therefore, criminal law and its administration must involve careful analysis of the philosophical and sociological theories of deviance involved. Although actual administrative issues are not addressed by the presentation, deviance is one of the most important topics in criminal law. The presentation also touches upon core sociological theories of deviance, like strain theory, which are useful for understanding public policy development.

Non-criminal Law -- Same-Sex Adoption

The issues surrounding same-sex couples who want to adopt generally fall under the rubric of civic law and not criminal law. There may at times be criminal issues that arise in individual cases, but adoption is not a subset of criminal law. Therefore, this topic represents non-criminal law issues well. Same-sex marriage is currently a state-by-state issue too, meaning that ultimately constitutional law could come into play as well. It is possible that bans on same-sex marriage such as the one currently passed in North Carolina might be deemed unconstitutional. It is also possible for a federal bill that legalizes same-sex marriage nationwide, thereby granting all couples the right to adopt no matter if they are straight or gay. Same-sex adoption is a matter of civic and possibly constitutional but not criminal law.

Social Control and Social Change -- Abortion

Abortion is one of those issues that is clearly related to social control, but which is rarely framed that way. The presentation raises the important question of "Should a parent be able to force a child to have an abortion?" Yet the presentation did not present the converse question, which is just as important if not more so: "Should a parent be able to prevent a child from having an abortion?" The answer to the latter question is more important because some states do have restrictions on abortion; some teenagers need parental consent. If the parents are opposed to abortion, they are essentially forcing their child to carry an unwanted child to term. An unwanted teen pregnancy dramatically alters a person's life in terms of access to education and career. Because the issue impacts females more than males, abortion is a matter of patriarchal social control of women: perpetuating the problems that plague women such as income disparity with men and other injustices. Changes to abortion law have led to social changes, and have also reflected those social changes.

The Law and Diversity -- Sharia Law

It is easy to take for granted the supremacy of one's own legal system. In fact, each country has a unique legal system that works in accordance with its political institutions, infrastructures, and social norms. Most modern and industrialized nations have a similar style of legal system, in which a suspect in a criminal case is presumed innocent. It is up to the state to prove the guilt of the suspect. However, the opposite is true in other nations. The diversity of the law, its interpretations, and its procedures needs to be understood in order to have a better understanding for the role that the law plays in human social and political affairs.