SOCIOLOGY 419: SECOND EXAM STUDY LISTThis study list catalogs some of the main terms and concepts that have been introduced in the course since the First Exam. Most questions on the Second Exam will involve one or more of these concepts, either as part of the question or as part of the answer (or both). In using this list as a study guide, you should pay attention to the application andInterrelation of these items; merely memorizing "flash-card" definitions is probably not the most effective way to study from this list. Note: In addition to the items listed below, you should also be familiar with the central themes introduced previously in the semester.1. Pluralist Model of Law andSocial Changeo Pluralist perspective  Law outcome of bargaining among many social groups--neutral - Underlying premiseso Society is composed of plural interest groups no permanent winners or losers few stable loyalties  Cross cutting allegiances (who are you in society)- Race, political, class. Each group has different goalsThese groups must make trades, narrow interest, must log-roll2. Critical Model of Law and SocialChangeCritical perspective (contrast) a. Society is hierarchal, permanent elite, divisions persistent and pervasive between elites and subordinate groups b. Underlying premisesi. all pluralist divisions operate in concert1 elite group1. Concentrated power2. class hierarchy 3. pervasive and persistent ideas a. pyramid 3. Workers CompensationFriedman & LewinskyWorkers compensation• History- tort liability for injury causes by others • Respondent superior - Employer is liableWorkers compensation• Streamline state regulation no- fault insurance system • Uniform/state regulated• Workers quicker and more certain recovery • Business predictable payment meant for manageable bottoms linePluralist explanation• Law changed because of bargaining among workers and employers along with increasingpublic support • Workers comp balancing of interest Critical explanation • Fellow servant and assumption -of- risk doctrine promoted capitalistic development but eventually failed because of blatant inequality law lost legitimacy Workers comp predictive faith and Limited Corporation’s responsibility4. Respondent Superior- 2 law as a reflection of elite interest - Apparent pluralism as relative autonomy - elites have 1st 2nd 3rd dimensional power- ideological hegemony - For legitimacy - Laws must be responsive to the demands of the subordinate class5. Fellow Servant Rule- employer isn't responsible for injuries of co- worker - Servant a hurts servant B master A is over both of them so there is not suit because he can't sue himself6. Assumption of RiskAssumption of risk• Employer isn't liable because worker violent airy assumed the risk if injury when they signed up for the job7. Relative Autonomy of LawLaw is separate from other institutions and isn’t affected by elites - (because if training and technological knowledge we give then autonomy) - Few external constraints - Neither market nor hierarchy8. Civil SocietyCan law change society? Intro: what is the rule of society and legal change?Can law bring about social reformIf yesis it effectiveIf no why not9. Law as Dependent VariableLaw as a dependent variable (law reflects societal dynamics)• Social change = law10. Law as Independent VariableLaw as an independent variable (law affects societal dynamics)11. Instrumentalism vs.Institutionalism12. Institutions as Filters Judges, jury’s, and lawyers13. Transparent Model of LegalInstitutions14. Institutionalist Model of LegalInstitutions15. Adjudication- Adjudication in Actiono Laws conflict between each other so judges must choose the appropriate law- Civcs Book modelo Judges gets a tiny package of rules and laws that they can follow with cases17. Constitution, Statute, Common Law(adjud.) Constitution- rarely changesStatutory law- written to be vague, to –lease both sides- Moped exampleCommon law- 18. Passivity vs. Activism (adjud.)19. Determinacy vs. Indeterminacy(adjud.)20. Fact SkepticismType of adjudication in action, judges don’t get a bundle of facts but they get conflicting testimonies and the judge has to decide which one to believe21. Rule SkepticismJudges do things in different ways, there are rules that they have to follow and then take discretion.22. Judging as craft-work Judges have guidelines that they are supposed to follow which makes it hard because they don’thave as much discretion as jury’s23. Jury Discretion Jury’s don’t know as much as judges about the law so they use emotion and outside influences in their decision making. They also don’t have to explain their selves when in their decision. 24. Jury NullificationWhen the jury said that they understand the law and understand the facts and they decided to throw it out do to other things25. Cultural Lag (in nullification)26. Extralegal Factors (in nullification)27. 4 features of professions(uncertainty, expertise, ethics,control of practice)28. Functionalist Model ofProfessionsWe have professions because it is functional for our society, conflict perspective disagrees 29. Altruistic Self-Regulation30. Conflict Model of Professions We have professions because it benefits the profession and gives them money31. Expertise as SmokescreenIt may look one way but be something else, although it looks like professions are helping clients,they are really just creating a monopoly 32. Constitutive/Constructionist Modelof the ProfessionsA mixture of the conflict and the functionalist, they see both sides and they want to help but also gain profit 33. Sensemaking34. Symbolic Vocabulary- Meaning to professionals and most lay peopleo Ex: benign, damned, guilty- different meanings in the professions and outside the professions - Labeling and diagnosis - Impose cognitive order in chaotic social events- Contrast to Functional and conflict model understanding of professional’s knowledge claims o Vs. Functional: technical expertise o VS. conflict: market control- Arbitrary and ineffective35. Labeling/Diagnosis36. Intrinsic vs. Extrinsic professionsLaw as a profession A. Extrinsic vs. intrinsic professions-------------------------------------------------------Engineers AttorneysExtrinsic: address physical conditions that exist independently of professions labels and rituals