Alexandra Crooks

LSJ 200

1. What are informal norms, how do they compare with formal norms, and when are they

likely to be most important? Why?

Formal norms have centralized enforcement as well as consistent consequences. Laws are an example of

formal norms. They affect our daily lives in a myriad of ways. For example, we don’t have to worry about

getting mugged while out and about. This is the direct result of a law being in place that prevents this behavior.

Similarly, driving laws grant us peace of mind and determine our etiquette on the roads. Rules within schools

and the workplace are also examples of formal norms, and our days are affected based on which institutions

we are at. These norms determine the basic rights of citizens, and are less likely to change.

On the other hand, norms can be informal and include behaviors we do by habit and behaviors that are socially

enforced. Their consequences can often be inconsistent. Notes obtained during the lecture on Monday,

October 3rd highlighted the various useful benefits of informal norms that play an active yet inconsistent

role in our everyday lives. One of these benefits is the expectation that you will be respected by others.

In society, you will face social criticism as well as various repercussions if you are openly disrespectful,

which serves to discourage people from being negligent in the way they treat others. However, the existence

of informal norms can also be a negative aspect of society. Page 5 of “What the hysteria over critical race

theory is really about” by Fabiola Cineas explains that “race was socially constructed for the purpose of

oppression. To be objective is to support the status quo, and thus the country isn’t working to actively

redress racial inequalities.” As the text describes, Racism is an informal norm that has deep roots within our
institutions, and serves the interests of those in power. It will take a consistent and active push against this

tradition of oppression before this inequality can be reversed in the United States. Informal norms may

produce very different ideas about who has rights as well as who can exercise them, and they tend to affect

smaller, more homogenous groups.

2. Can one argue that either formal social control or informal social control is more

important in structuring individual behavior? Why or why not? Consider examples from

class, readings, and your own life.

In terms of structuring individual behavior, many would agree that informal norms have a greater

impact on our day-to-day lives than formal ones because we are placed in social dilemmas more

often than grand-scale legal dilemmas on a daily basis. For instance, tipping at a restaurant is not

an enforced rule of law, but it is something we all do on a regular basis. If you do not tip, you

will likely face judgment by both your servers as well as your tablemates. Though this

consequence isn’t tangible, it will likely be enough to influence you to change your tipping

habits to more adequately pay respect and appreciation where it is due.

Most societies have come to rely on law to provide formal social control. As humans, we obey these laws

because we see the laws as good, or if not good at least legitimate. We also obey laws based on violence,

or the concept that laws derive their power from the possibility of violence if they are not followed. Formal

social control tends to disproportionately affect marginalized groups within America. A study conducted

within the text, “Racial Disparities in Official Assessments of Juvenile Officers: Attributional Stereotypes

as Mediating Mechanisms” by George S. Bridges and Sara Steen found that probation officers consistently

portray black youths differently than white youths in their written court reports, more frequently attributing
blacks' delinquency to negative attitudinal and personality traits” (page 567). These preconceived notions

of police officers on the basis of race could potentially explain why black people as well as other minority

groups tend to experience more severe encounters with the policing system. For these groups, formal social

control may be more of a concern, as they know they may be sentenced more harshly based on the

judgements of legal institutions. This article serves to highlight the different experiences black people have

with our legal system based on assumptions about their character prior to the evaluation of actual, valid

evidence. The fear of strict sentencing shapes the actions of these groups within their daily lives.

3. Socio-legal scholars argue that law is “indeterminate” and that we need to study more

than just the words of law. What do they mean by this, and why is law considered

indeterminate? How does that matter to real world experiences?

Socio-legal scholars argue that law is indeterminate, meaning that formal legal analysis can only tell us so

much about the intention behind laws. Further, many laws are written with vague language, and can take

on a variety of different meanings depending on the context of the situation. The words of law must be

interpreted and applied, subject to discretion. Problems arise when there are disagreements on the meaning

behind the words of law. A concept called discretion describes the latitude that decision-makers have in

interpreting and implementing the words of the law. The indeterminacy of laws in the United States aids in

the expansion of class discrimination. The lecture from October 7th introduced the concept of predatory cities,

urban areas where public officials systematically take property from residents and transfer it to the public.

These cities evolve in places where citizens do not have the economic and political resources to defend

themselves. Indetermination of the law contributes to gentrification and lack of transparency in government.

There is an assumption that you have to seek out legal services if you want to protect yourself.
Islamic law lends itself to vague jurisprudence. “Law and Society Review Special Issue Introduction: Islamic

Law, Society, and the State” by Tamir Moustafa and Jeffrey Adam Sachs describes the complex and

indeterminate Islamic legal system, which has no uniform legal doctrine. The evolution of Islamic

jurisprudence was a bottom-up, not a top-down process, and jurists valorized diversity of opinion as a

generative force in the search for God’s truth. The text states “Human effort to know God’s will with any

the degree of certainty is imperfect and fallible.” Islamic law is by nature, indeterminate.

4. What is the relationship between law and (in)equality? Do you think law enhances or

diminishes experiences of equality, in what ways, and why does it matter?

Power is influence or elevated status that puts certain individuals on a higher pedestal than others. Someone

has power if they are able to sway the masses, explained by their financial situation, fame, popularity, or

general likeability. Someone does not have power when they are incapable of achieving their agendas easily.

There are three forms of power, according to Steven Lukes. These forms include instrumental, institutional,

and ideological power. Instrumental power describes describes the means of pursuing some goal, and refers

to situations where you can compel others to behave as you want, you control the means to achieve some

goal. Institutional power includes rules: sets of norms that govern and incentivize individual and collective

behavior. Inaction is a form of exercising power. The filibuster is an example of inaction where senators

exercise institutional power by refusing to consider filibuster reforms.

The most powerful groups of people in America are those who identify as white, heterosexual, Christian,

male, or members of other agent groups. Target groups experience reduced levels of power, especially within

the legal system. Every persons’ unique experiences are a product of their identities. Socio-legal scholars
analyze the relationship between identity and law because there are many different ways that the law can

affect people differently based on their race, sex, gender, religion, etc. “Until Black Women are free,

none of us will be free” by Keeanga-Yamahtta Taylor examines the Combahee River Collective’s analysis

of intersectionality: multiple identities can be constantly and simultaneously present within one person’s

body. The CRC’S basic claim states “we realize that the liberation of all oppressed peoples necessitates

the destruction of the political-economic systems of capitalism and imperialism as well as patriarchy.” The

CRC aims to bridge the gap between people with varying identities in order to foster equality for all

constituents of the American political environment.

5. What are some different types of law throughout the world? Do they ever coexist or

conflict with each other in the same place? What are the consequences of these different

types of law on the lives of everyday people?

Customary law is also known as traditional law or unwritten law. It is ritualistic, expected, and fundamental

to a community's way of life. Religious law consists of ethical and moral codes developed within religious

traditions. Customs can also be a source of religious law. Many people are guided by religious law even

within secular states. Islamic law is the most common form of religious law. As stated previously, there is

no unitary interpretation of islamic law, and both conservative and progressive traditions coexist within

Islamic jurisprudence. Common law originated in 11th century England, and arises from the practice of

judicial precedent. It is rooted in the concept of stare decisis, or “let the decision stand.” Features of

the common law system includes: trials by jury, judicial review, and adversarialism. Civil law consists of codes

and statutory law. It’s legal rules are written in broad terms, and its statutory laws are written and past by a

legislature. Legal pluralism describes a situation in which two or more legal systems coexist in the

same social field.

Hawaii is one state that has a deep history of implementing cultural dimensions within its legal system.

Hawaii’s legal system has undergone significant transformations including negotiations of the meanings and

practices of the law in various local places. Chapter 2 of Colonizing Hawai’I by Sally Engle describes how

“allegedly primitive societies were being annexed by European nations throughout the pacific in the mid

nineteenth century,” and the Hawaiins “sought to form a civilized society as that concept was understood in

the nineteenth century by the European powers who created it” (page 36). Over time, authority has switched

from Gods to government, courts, and laws derived by American and British models. Unlike colonization,

many American and and British men were brought to Hawaii with the purpose of helping restructure the

government and legal systems. Establishing a rule of law on an American model made it easier for Hawaiians

to exercise authority over foreigners. As far as immediate life effects are concerned, rewards of material

wealth and eternal life linked with education and emerging capitalist virtues served to bolster the quality of

life of the Hawaiians.

Citations:

- “What the hysteria over critical race theory is really about” by Fabiola Cineas (page 5)

- “Racial Disparities in Official Assessments of Juvenile Officers: Attributional Stereotypes as

Mediating Mechanisms” by Georgia S. Bridges and Sara Steen (page 567)

- “Law and Society Review Special Issue Introduction: Islamic Law, Society, and the State” by

Tamir Moustafa and Jeffrey Adam Sachs

- In-class lectures from October 3rd, 7th, and 14th of 2022

- Section lecture on October 6th, 2022

- Sally Engle Merry, Colonizing Hawai’I (chapter 2) (page 36)

- CIA World Factbook, “Legal Systems”