- Law and Social Theory Summary Notes!
What's in the Law and Social Theory Summary Notes?
Our Law and Social Theory Summary Notes will provide you with a clear and complete synthesis of the most important points you need for your Law and Social Theory exam. The table of contents of our Law and Social Theory Summary Notes is shown below.
Table of Contents for Law and Social Theory Summary Notes
1. Introduction. 3
A. How to use Cram Notes. 3
2. Modernity. 4
A. Key Characteristics of
Modernity. 4
B. The Enlightenment 4
C. Problems of Enlightenment and
Modernity. 5
3. Marxism.. 5
A. Relationship between Marxism
and Communism... 5
i. Is Marxism responsible
for Communism. 5
ii. Marxism as an example of a
multi-faceted doctrine. 5
B. Philosophical Anthropology and
totalization.. 5
C. Marx as a Humanist 6
D. Marx as the materialist in
social theory. 7
E. Marx on the Jewish Question.. 7
F. Communism as the Solution.. 8
G. Capital/Des Kapital (1863) 8
i. Synchronic. 8
ii. Diachronic (Historical) 9
H. German Ideology Mature Marx
and the Materialist Conception of History. 10
I. Idealism vs. Materialism
(historical) 10
i. Idealism.. 10
ii. Materialism (historical) 10
J. Inverted Ideology. 11
i. Marxs inverted ideology. 11
ii. Religion as an inverted
ideology. 11
iii. Liberty as an inverted
ideology. 11
iv. Rule of law as an inverted
ideology. 11
v. Human Selfishness. 11
K. Hegemony and the Separation of
Power as an ideological concept 12
i. What is Hegemony. 12
ii. The separation of power as
a hegemonic and ideological concept 12
L. Dichotomy/ Criticism of
division of labour 12
4. Engels. 13
A. Engels position.. 13
B. Question of Law.. 13
C. Engels functionalist theory
of law.. 14
D. Marx and the issue of
transition from Capitalism to Communism... 14
E. Marx and the Rule of Law.. 15
5. Pashukanis. 16
A. Modern Societies. 16
B. Premises of exchange become
the premises of all social relations. 16
C. Commodity Exchange theory of
law.. 16
D. Law and state will wither away
in Communist Society. 17
E. Administrative regulation vs.
legal regulation.. 17
i. Legal Regulation. 17
ii. Administrative Regulation. 18
F. Pashukanis criminal law 18
i. Modern Conception of
Crime. 18
ii. Communist Conception of
Criminal law.. 19
6. Durkheim.. 19
A. What are the different sources
of fact. 19
i. Social facts (social
phenomenon) 19
ii. Legal institutions as a
social fact 20
B. Humanist vs anti-humanist
position.. 20
i. Marx the humanist 20
ii. Durkheim the anti-humanist 20
C. What does individual and
collective representations mean. 21
i. Marx (Methodological
individualists) 21
ii. Durkheim (Holistic
approach) 21
D. Can there be morality without
society. 22
E. Durkheims Contract 22
i. Division of labour 23
F. Crime. 23
G. Functions of crime. 24
H. Is Crime a Vicious Cycle. 24
I. Mechanical and Organic
Solidarity. 25
J. The different structural
principles of social integration.. 25
i. Mechanical/ Organic
solidarity. 25
ii. The division of lavour and
solidarity (integration) 25
K. Two Types of Law and Law as an
index. 25
L. Division of labour as a
source of solidarity. 26
M. Anomic division of labour 26
N. Juridical Indetermination.. 27
O. Forced division of labour vs
Spontaneous division of labour 27
P. Corporation as Intermediaries. 28
7. Max Weber. 28
A. Rationalisation of modern
society. 28
B. Four ways in which people act
socially. 29
C. Capitalism and rationality. 29
D. What is capitalism based upon. 29
E. Bureaucracy. 30
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