20 Matching Annotations
  1. Last 7 days
    1. such sentiments would affect OSs, who are likely to be in-dividuals, more than RPs, who are likely to be organizations.2?

      oSs more likely to be disccouraged by cultural anti-litigious attitudes

    2. RP

      RPs have prior knowledge and have structured the transactions, profitable economies pf scale, and low startup costs.They can facilitate informal relationships. The RP is trusted because he has a reputation to maintain. they can lobby for rules. Precedent is skewed towards RPs because they can afford to sacrifice the tangible gain of one case for beneficial laws down the line

    3. I would like to reverse that procedureand look through the other end of the telescope.

      consequentialist

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  2. Sep 2024
    1. the defendant may at various times wish tomaximize rather than minimize both his own fault and thecomplainant's recovery or to take some intermediate p ~ s i t i o

      the law does not take guilt consciences into account.

    2. Access to justice is supposed to reduce theunequal distribution of advantages in society; paradoxically itmay amphfy these inequalities. The ostensible goal of thesereforms is to eliminate bias in the ultimate transformation:disputes into lawsuits. If, however, as we suspect, these veryunequal distributions have skewed the earlier stages by whichinjurious experiences become disputes, then current access tojustice efforts will only give additional advantages to those whohave already transformed their experiences into disputes. Thatis, these efforts may accentuate the effects of inequality at theearlier, less visible stages, where it is harder to detect,diagnose, and correct

      Black men more likely than white men to be legally punishment for having intercouse while HIV-positive, even though they are three times more likely to have safe sex

    3. Thetransformation perspective points as much to the study ofsocial stratification as to the exploration of social psychology

      blaming a system is flimsy; it's much easier to blame another person.

    4. the injured person must feel wronged

      low low bar

    5. asbestosis only became an acknowledged "disease" and thebasis of a claim for compensation when shipyard workersstopped taking for granted that they would have troublebreathing after ten years of installing insulation and came toview their condition as a problem

      Recognition of problem (naming), greivances (blaming), disputes (claiming)

    6. In addition, thoughthe study of crime and litigation rates seems to be derived fromand to support the conviction that both are too high-that thereis a need for more police and longer prison terms (Wilson, 1975;Wilson and Boland, 1978; cf. Jacob and Rich, 1980), that thecourts are congested with "frivolous" suits (Manning, 1977)-the study of the emergence and transformation of disputes maylead to the judgment that too little conflict surfaces in oursociety, that too few wrongs are perceived, pursued, andremedied (cf. Nader and Singer, 1976: 262).

      under or over utilizing the legal system?

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    1. 7.17 (2.17

      we seem to expect more from parents—the default people—than friends—chosen people with whom we spend our time—with authority as the mediating factor. The mean respondent assumes that our natural ties have more of an effect on us than our social ties, even when entitativity is lower.

    2. uthority had a slight negative relationship toperceptions of commission

      chaos reflects poorly on authority

    3. should have prevented the blameworthy action

      negative vs positive obligation

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    1. offenders are far less likely to be arrested after a crime in legallycynical neighborhoods than in neighborhoods that view the police morefavorably, and collective efficacy mediates this association

      conclusion

    2. police are more likely to use coerciveforce in non-White and racially mixed neighborhoods than in predomi-nantly White neighborhoods. Similarly, Terrill and Reisig (2003) found thatthe police are more likely to use force in disadvantaged neighborhoods, andKane (2005) found that police misconduct is dramatically more prevalentin disadvantaged areas

      use of force

    3. explain why the use of formal social control is inversely related to theproportion of a minority population

      Arrests go up when minority populations go down:

      Devaluation of minority victims, White people more likely to call the police

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    1. Each able-bodied member works eightto ten hours a day, six days a week, at a job which is usually performed whollyor partially in the presence of others. The results of his efforts become knownto his associates, the work manager, and the top officials who coordinate theeconomy. All three meals are eaten in a collective dining hall usually in thecompany of five other residents who happen to have arrived at the same time.Members of each sex share common washing and shower facilities, and theseare used by most members at the same time, during the limited period whenhot water is available. Housing is concentrated in one area of the kvutza andconsists of rows of long houses, each partitioned to make six rooms, with amarried couple or two roommates occupying each room.

      CLOSE social ties, the dispossessed

    2. Fines and damages,the major types of punishment, are usually paid upon imposition, but if not,they are enforceable by the secretary of the moshav.

      private property necessitates a legal system

    3. ezoslurv

      semi-private property

    4. LEGALcontrol is not exercised against all disturbing behavior. Sometimes,such behavior never reaches the c0urts.l At other times, it is not sanctionedby the courts because, we are told, it should he left to "the iilterior forum,as the tribunal of conscience has been aptly c a l l e d . "

      law is not always the solution

    5. "Tile substance of every attempt to state the fundamental principlesof the sociology of law [is that] the center of gravity of legal develop-ment lies not in legislation, nor in juristic science, nor in judicial de-cisions, but in society itself."

      "We, the people" justification

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