- Law and Social Theory Summary Notes!

What's in the Law and Social Theory Summary Notes?

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