NCJ Number
45659
Date Published
1976
Length
144 pages
Annotation
THE NATURE, FUNCTIONS AND LIMITATIONS OF LEGAL SYSTEMS ARE EXPLORED; THE RELATIONSHIP BETWEEN JUSTICE, LEGAL SYSTEMS, AND SOCIAL STRUCTURE ARE DISCUSSED; AND ROLES OF SOCIAL STRUCTURE AND SOCIAL PSYCHOLOGY IN LAW EXAMINED.
Abstract
THE ROLES OF INDIVIDUALS CHARGED WITH LAW ENFORCEMENT AND THE ROLES OF PERSONS IN THE COMMUNITY ARE OFTEN IN CONFLICT. THE INTERRELATIONSHIP BETWEEN SOCIAL STRUCTURE, PSYCHOLOGY, POLITICAL HISTORY, AND SPOKEN AND UNSPOKEN SHARED VALUES IS DISCUSSED. UNDERSTANDING THESE CONFLICTS IS ESSENTIAL TO UNDERSTANDING THE ROLE OF GOVERNMENT IN ESTABLISHING JUSTICE. IN U.S. HISTORY THE MOST OBVIOUS CONFLICT BETWEEN LAW AND HUMAN JUSTICE WAS SLAVERY. THIS IS EXAMINED IN DETAIL FOR THE INSIGHTS IT GIVES ON THE STRESSES INHERENT IN A SOCIETY IN WHICH HUMAN JUSTICE AND LEGAL CODES CONFLICT. CHAPTERS EXAMINE LEGAL SYSTEMS INCLUDING THE PRECONDITIONS, CONDITIONS, AUTHORITY, POWER OF LEGAL CODES, AND CHANGES SUCH SYSTEMS MAKE IN SOCIAL STRUCTURE. CONFLICT IS SEEN AS INEVITABLE WHEN ONE SEGMENT OF SOCIETY USES THE LAW TO MAINTAIN POWER AND SOCIAL STANDING WHILE ANOTHER SEGMENT IS PENALIZED BY LAW FOR TRYING TO ADVANCE. GHETTO LAW ENFORCEMENT IS AN EXAMPLE OF THIS. PETTY NUMBERS GAMES ARE TARGETED BY THE LAW WHILE UPPER CLASS PETTY GAMBLING IS IGNORED. MORE SERIOUS CONFLICTS OCCUR WHEN THE SOCIETY AT LARGE OFFERS NO OPPORTUNITY FOR LEGAL ADVANCEMENT. SUCH CONFLICTS CAN LEAD TO A CHANGE IN THE LAW THROUGH EITHER PEACEFUL MEANS OR VIOLENT MEANS. THE TRUE CHALLENGE TO A LEGAL SYSTEM IS THE 'TROUBLE CASE,' THE MATTER THAT AFFECTS THIRD PARTIES. PRIVATE DISPUTES ARE OFTEN SEEN AS TAKING UP THE MOST BENCH TIME AND LEGAL TIME, BUT SOCIAL DISPUTES ARE THE MOST SIGNIFICANT AND SHOULD RECEIVE APPROPRIATE ATTENTION. THE ROLE OF JUSTICE AND LEGAL SYSTEMS IN SHAPING SOCIAL STRUCTURE IS DISCUSSED IN DETAIL. IT IS CONCLUDED THAT ONLY AS LAW TAKES DUE NOTE OF SOCIAL STRESS AND PERFORMS ITS FUNCTION AS ARBITRATOR, IS IT A VIABLE CONTRIBUTOR TO THE SOCIAL STRUCTURE. WHEN THE LAW BECOMES THE TOOL OF AN ENTRENCHED GROUP, IT LOSES ITS FORCE FOR GOOD (GLR)