Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Sociology of Law and Punishment - Essay Example

Comments (0) Cite this document
Over the course of the last decade or so, it has become increasingly apparent that modern penalty, especially in the west, is witnessing a more 'civilised process' than in the era gone by. This points to a more critical view that there is a possibility of Elias' 'civilising process' influence on less brutal practices of punishment in Western societies today…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.5% of users find it useful
Sociology of Law and Punishment
Read TextPreview

Extract of sample "Sociology of Law and Punishment"

Download file to see previous pages Norbert Elias suggests that civilisation transform human habitus so that violence in all forms is gradually subjected to greater and more sophisticated forms of management and control. 'Decivilisation' according to him, encompasses processes which produce an increase in violence and a breakdown in the stability and consistency of social relations. What remains unexplored is the extent to which attempts to bring about civilisation, have revolved around essentially violent policies and practices (Robert van Krieken, Abstract, The British Journal of Sociology, Volume 50 Issue 2).
Nils Christie, in Crime Control as Industry, suggests that the spiralling prison populations, particularly in the United States, represent a move towards gulags western style, in much the same way that Zygmunt Bauman saw modernity itself as creating the possibility for the Holocaust. For Christie the current 'gulagisation' of the West is not an aberration of modern society, but something that occurs naturally within it. Pratt's book suggests that man may be moving into an area of penal control that takes one beyond the gulag. The gulag it says may not be a sufficient modality of punishment to absorb the punitive sentiments of modern societies. What we find is the supplementation of modern penal sanctions by new forms of legal and extra legal punishments. For Christie, there is hope, that at some point, good sense of the ordinary people will prevail and counter the trends that the forces of modernity made possible. It is argued that there is no goodness to human values and public sentiment: unleashing them may only add to the spiral of penal control (Beyond gulags western style A reconsideration of Nils Christie's crime control as industry, Abstract, Pratt. J).
2.0 Introspection
Elias offers a particular paradigm for sociological thought which opposes both the structural-functionalist and methodological-individualist tendencies in sociology. The concept that he developed hoped to severe and expose many of the central dilemmas in sociology, especially the opponents of action and structure, individualism and society.
Elias' 'Civilising Process' is contentious, and overlooked with suspicion. Elias deviates from the more fashionable trends in sociology to dig deep into retrospection and seek the unknown. His writing has been a source of ideas and has appealed the senses of those who crave for the unknown. Commentators have veered between two theological pointers; an uncompromising acceptance or ungenerous rejection. His work frequently is a contradiction between supposedly admiring 'followers' and critics. To appreciate Elias, one needs to steer a path between the lines.
His handling of human issues; emotions, attitudes towards the body, sexuality, socialisation, and so on, reflected a balanced and systematic approach. His analysis of the human mind is of significant relevance in the context of his larger-scale processes in State formation, urbanisation and ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Sociology of Law and Punishment Essay Example | Topics and Well Written Essays - 3000 words”, n.d.)
Sociology of Law and Punishment Essay Example | Topics and Well Written Essays - 3000 words. Retrieved from
(Sociology of Law and Punishment Essay Example | Topics and Well Written Essays - 3000 Words)
Sociology of Law and Punishment Essay Example | Topics and Well Written Essays - 3000 Words.
“Sociology of Law and Punishment Essay Example | Topics and Well Written Essays - 3000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Sociology of Law and Punishment

Sociology: Crime and Punishment

...?Running head: Sociology: Crime and Punishment Sociology: Crime and Punishment [The of the appears here] [The of appearshere] One of the core ideas of the Sutherland tradition in white-collar crime is that there is a double standard of justice in our differential handling of conventional and white-collar crime. Besides insisting on the criminality of white-collar offenses, Sutherland (1945.) also maintained that the differential application of the law to conventional and white-collar crimes "blurred and concealed" the criminality of the white-collar offenses. By inventing special administrative agencies and commissions to handle white-collar crimes, rather than using the criminal courts, the stigma of crime is minimized. One of the factors...
12 Pages(3000 words)Essay

Sociology of law

Division of labor, according to Durkheim was justified by the separation of religion from philosophy and the justification of situations by science and empirical facts. Lynching and the use of force against Black people in America and South Africa in this era was mainly based on the concept of racial superiority and the inferiority of Black people. This conception was of course not supported by scientific proof except for a few concepts and ideas that were supported by emotions and sentiments. There was absolutely no scientific basis. On this grounds, the concept of division of science and empirical facts was a justified method of analyzing situations like the status of Black people and the formulation of relevant laws to protect...
6 Pages(1500 words)Essay


Both punishment and negative reinforcement utilize aversive stimulation but the effect administered by both is not only distinctly different but also opposite (Snowman, McCown & Biehler, 2009). Negative reinforcement is referred to the removal of a negative stimulus to strengthen a behavior or increase the frequency of the response (allpsych, 2013). For example if a child is constantly nagged by his mother for throwing her dirty clothes on the floor; when the child picks up the clothes and puts them in the laundry room the nagging stops which is the removal of a negative stimulus. The removal of the negative stimulus is pleasant for the child and will encourage the behavior of the child to place the dirty clothes in the laundry....
8 Pages(2000 words)Research Paper

Sociology of Law

... developed to punish individuals who break the law. Most of the punishments that have been created by the legal systems of the world today are aimed at establishing some kind of control over the society, so that order is maintained. The fact that a majority of individuals in the world today seem to be working towards the obedience of all the laws that have been put in place in order to void punishment is a clear sign that the punishments for the various crimes have achieved their purpose of achieving societal control. Most of the crimes that exist in the world today are prosecuted in courts and it is the duty of these courts to ensure that the individuals who have been convicted of crimes are punished. The trial of individuals as well...
6 Pages(1500 words)Essay

Criminal Law: Crime and Punishment

...Criminal Law: Crime and Punishment Social engineering can be seen as a society, sharing common values and goals but with different perspectives to achieve them. These perspectives escort them towards right and wrong ways of achieving their targets, thereby giving rise to crime. Crime as seen in the context of theories of social engineering caused by the individual exercise of free will. (Schmalleger, 2001, p. 143) Human beings are fundamentally rational, and most human behavior is the result of free will coupled with rational choice. However the rational choice is dependant upon ‘pain’ and ‘pleasure’, the two characteristics of human sociology. With reference to social engineering, the structure of society, and its relative degree...
4 Pages(1000 words)Essay

Law Sociology

However, a warning has to be made on the public speaking system to ensure that no people are present when the sluice gates are opened and the water rushes in a torrent. On the afternoon of June 23, 2002, this did not happen when the sluice gates were opened. As a result two people drowned and seven were bodily injured.
The case came to trial in the Ontario Court of Justice in January 200. The two accused personnel, John Tammage and Robert Bednarek were accused of 'criminal negligence.' The trial was a lengthy one and took 75 days getting over in December 2006. Both the accused, John Tammage who was a part of the management team and an electrical engineer and, Robert Bednarek who worked in the electrical department as an opera...
7 Pages(1750 words)Case Study

Sociology of law

...Durkheim and the Development of Law Durkheim’s theory of the development of law is a complex one, rich in detail and intertwined mazes of sociological bases to explain the role of law in society. He saw society as a separate entity from that of its individuals; as independent from the actions of the individuals within it. According to Durkheim, certain social facts such as family norms, and regulations exercise a form of coercive power on the members of a society.1 Presented as thus, these social facts are a part of society but which are objectively self-existent within a society. Yet is it not so that the very existence of a society is a product of its members’ actions, customs and thoughts? Durkheim argued that even subjective...
10 Pages(2500 words)Essay


... be used to justify punishment. For example, he argues that the punishment has to be for an offence that is contrary to the set of laws in a particular state and also has to be enforced and undertaken by an authority that is defined by a legal system, which the offender is in breach of (qtd. in Sverdlik, 180). This indicates that the punishment should only be based on particular rules that have been set and therefore punishment for offences that are beyond the legally known rules is not justifiable. This argument leaves teachers and parents in a position whereby they are not justified in regard to the punishments that they give to children. They punish the children depending on their perception regarding what is right or wrong...
5 Pages(1250 words)Term Paper

Adequacy of Criminal Law and Punishment

...Criminal Law Criminal punishment may take various forms depending on the offence and jurisdiction in which a case is heard. Some punishments that have been applied to convicts include execution through different ways, imprisonment, fining, and being subjected to government supervision. Some of the punishments have in the past proved to be unacceptably cruel and unusual thus drawing the attention of legal experts and practitioners. The amendment of the US constitution expressly prohibits the application of unusual and cruel punishments. Some of the punishments under this category include crucifixion, burning and breaking on the wheel among other forms of punishment. The prohibition of such punishments was influenced by the need to make...
1 Pages(250 words)Case Study

Sociology of law

... Sociology of Law This paper analyzes a study conducted in 1992 by Robert Tillman and Henry Pontell. The study compared criminal sanctions that were received by physicians, healthcare providers convicted of defrauding the Medicaid program in California, and those imposed on similarly charged street criminals. At the time of the study, the Medicaid program operated under a fee-for-service structure in which participating health care providers were reimbursed for services according to a fixed schedule (Tillman & Pontell 09). The Medicare structure under study created the opportunity for two common forms of fraud. One form occurred when health care providers padded their billings that are, overstating the extent or nature of services...
5 Pages(1250 words)Essay

Law of Financial Services

For instance, the European Commission’s Regulation No. 1049/2001 which very specifically details rules and regulations governing the public access to European Parliament, Council and Commission documents. Article 8 of the regulation states that “personal data shall only be transferred to recipients … (b) if the recipient establishes the necessity of having the data transferred …” (Regulation 1049/2001). Although this law is not at all related to the data protection of banks and their customers, it does give us an impression of how serious the EC is in protecting the integrity of data.
In saying that the laws that we have on data protection have adequately addressed the needs of banks and custom...
6 Pages(1500 words)Article

Sociology and the Cinema

However, sometimes, we need a little help; we don’t know everything in the world and we never will. We need to be educated.
To do that, this paper will place a movie under a sociological perspective, to be more specific, Pretty Woman (1990). While the story may be one from rags to riches it certainly isn’t a Cinderella one. In real life, there aren’t any fairy godmothers who can Bibbidibobbidiboo away our problems. Instead, we try and figure them out, attempt to solve them, and hope for the best.
I’ve decided to use two theories that I think best explain the way the characters in the movie behaved the way they did—the theory of individualism by Alexis De Tocqueville and the theory of feminis...
8 Pages(2000 words)Assignment

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages(1500 words)Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study

The Relationship Between Common Law and Custom, Equity, and Books Of Authority

This follows the common law theory that cases that have a great deal of similarity should need to be dealt with similarly and decisions or court verdicts passed accordingly, although this may not be viewed as strict practice. Custom, as a historical source of law, could be said to be the legislative statutes or laws that need to be implemented from time to time, and could also be termed as statutory laws that monitor public conduct. Thus, it could be said that while regulatory laws are created and nurtured by legislations and regulations, through the executive powers enforced by executive branch agencies, this is done through the delegation of authority from the top downwards. However, in the case of common law or case law, decisi...
6 Pages(1500 words)Assignment

Analysis of Employement Law Cases

For instance, Section 82(1) of the Sex Discrimination Act 1975 provides statutory protection to workers who are working under a contract personally to execute any work or labor. It also covers self-employed people2.

Other statutes, such as the Working Time Regulations 19983 and the National Minimum Wages Act 19984, are appliable to workers, in addition to employees5. Hence, all these rights and protections are available to Fred, even if he were to be deemed a self-employed person.

Some of the more important rights bestowed upon employees by the employment law are the right to claim wrongful or unfair dismissal and payment for redundancy. Other legislation, such as the health and safety statute and the insolve...
7 Pages(1750 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Sociology of Law and Punishment for FREE!

Contact Us