Social Theory and Law

1. Social Theory andLaw Law 336 Associate Professor Dr Myra Williamson Kuwait International Law School Springsemester 2014

2. Frequently used terms • During the lectures over the coming weeks, you will be introduced to new ideas and vocabulary • Here are a few words, and their meanings, that you will hear often • Translate (if you need to) and consider the meaning of these words if they are new to you • We will add to these as we go • When a word is in bold, that word is also separately defined on its own slide

3. Definitions… Sometimes help us to make things clearer, so we can be sure what we are talking about But… Don’t think you have to memorise these, its more important to understand what the words mean

4. Social theory • Social theories are theoretical frameworks which are used to study and interpret social phenomena within a particular school of thought.

5. School of thought (or way of thinking) • The point of view held by a particular group: "We have many schools of thought in the intelligence services"(Tom Clancy). • A belief (or system of beliefs) accepted as authoritative by some group or school • Usually ends with “…ism” – but not always • For example, “legal positivism”, “legal realism” • Some “isms” you might know about: • Capitalism • Communism • Socialism • Racism • Feminism • Islamism • Cronyism (the appointment of friends and associates to positions of authority, without proper regard to their qualifications)

6. Theory • A set of statements or principles devised to explain a group of facts or phenomena, especially one that has been repeatedly tested or is widely accepted and can be used to make predictions about natural phenomena. • For example: “I have a theory that students who attend every lecture will pass the course” • We can test that theory and see if it holds true in practice

7. Theoretical • Of, relating to, or based on theory. • Restricted to theory; not practical: eg. theoretical physics. • Given to theorizing; speculative. • Synonyms: theoretical, abstract, academic, hypothetical, speculative

8. Society IT’S US – ALL OF US! Here’s a definition from an online source: 1. a. The totality of social relationships among humans. b. A group of humans broadly distinguished from other groups by mutual interests, participation in characteristic relationships, shared institutions, and a common culture. c. The institutions and culture of a distinct self-perpetuating group. 2. An organization or association of persons engaged in a common profession, activity, or interest: a folklore society; a society of bird watchers. • Source: The Free Dictionary http://www.thefreedictionary.com/society

9. Sociology • The science or study of the origin, development, organization, and functioning of human society. • The study of social problemsor social issues. • Note: any word that ends with ‘ology’ means ‘the study of…” • Some “ologies” that you might already know: • Psychology • Biology • Zoology

10. Ideology • The body of ideas reflecting the social needs and aspirations of an individual, group, class, or culture. • A set of strongly held beliefs or values especially dealing with governance of society (see Delgado and Stefancic, p164)

11. Jurisprudence • The philosophy or science of law. • Philosophy = the rational investigation of questions about existence and knowledge and ethics • Our course is within the area of knowledge called Jurisprudence (note: ‘jurisprudence’ has several meanings, but this is the meaning intended here)

12. Jurisprudence: what’s it all about? • Asks BIG QUESTIONS such as: • What is law? • How do we know when something is ‘a law’? • Where does law come from? • Why do most people in society obey the law? • Punishment? • For the good of society? • Because of their own morality? • What is “good” law? • Is there something called “bad law”? • Should we obey laws that are “bad” or “evil”? • Discuss

13. Glossary of terms • There is an excellent glossary of terms in a book in the library called “Critical Race Theory: An Introduction” by Richard Delgado and Jean Stefancic • It is in the library if you want to see more terms – their glossary starts on p155 • The following slides are taken from their glossary • The terms are in alphabetical order • The book looks like this

14. Affirmative action • Policy that strives for increased minority enrollment, activity or membership, often with the intention of diversifying a certain environment such as a school or workplace

15. Apartheid • Official separation of the races, for example, this was formerly in place in South Africa • An official policy of racial segregation – eg in the US in the 1950s and 1960s, black people had to sit at the back of the bus, the front seats were reserved for the white passengers • How do you say it? • Pronounce it either “a – part – ate” or “a – part – ite” • Note: People say it both ways • Emphasis is on ‘part’ • We will talk about this more, especially in Critical Race Theory

16. Capitalism • A system in which market forces dictate economic decisions and most property is privately owned

17. Civil rights movement • Efforts to advance the rights of minority communities in achieving equal citizenship

18. Critical Legal Studies • A legal movement that challenged liberalism from the Left, denying that law is neutral, that every case has a single correct answer, and that rights are of vital importance • What is ‘liberalism’: a political philosophy that holds that the purpose of government is to maximise liberty. In the civil rights area, it is the view that the law should enforce formal equality of treatment • What is ‘the Left’: politics is sometimes divided into “the Left” and “the Right”. Read more here: http://en.wikipedia.org/wiki/Left–right_politics • See the next slide…

19. Political ideology The Left The Right Conservatives Neo-conservatives Traditionalists Monarchists Nationalists Far-right (neo-Nazis) • Communists • Socialists • Environmentalists (“Greens”) • Feminists • Social-Democrats • In the US – The Democrats • In the UK – The Labour Party

20. Critical Race Theory • A radical legal movement that aims to transform the relationship between race, racism and power

21. Discrimination • The practice of treating similarly situated individuals differently because of race, gender, sexual orientation, appearance or national origin

22. Ethnicity • Group characteristics often based on national origin, ancestry, language or other cultural characteristic

23. Indeterminacy • The idea that legal reasoning rarely, if ever, has exactly one right answer and that politics and social pressures on judges influence outcomes

24. Marxism • The political, social and economic doctrine of Karl Marx • The view that capitalism exploits workers and promotes inequality

25. Prejudice • A belief or attitude, usually unfavourable, about a person or group before the facts are known – a pre-judgment about something

26. Race • The notion of a distinct biological type of human being, usually based on skin colouror other physical characteristics • Racism = Any program or any practice of discrimination, segregation, persecution or mistreatment based on membership in a race or ethnic group • Reverse discrimination = racism aimed at the majority group

27. Status quo • The current state of things or ‘the way things are’

28. Conclusion • These are a few terms that you will come across this semester • For more, go to the library and find the book “Critical Race Theory: An Introduction” by Richard Delgado and Jean Stefancic • Or you can go online and go to Google, then type in “define” and the word you want to know about