Positivism

 

   

 

Overhead  

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Culture and Structure

"Culture is the symbolic aspect, such as religion, decoration, and folklore.  Organization is the corporate aspect, or the capacity of collective action" (Black 1976, p.1).

 

Another approach:

Culture:                  pattern of perception, thinking, or feeling.

Social Structure:      pattern of social behavior

 

Cultural explanation of social structure:

values & beliefs  == influence ===> socially patterned behavior

 

Structural explanation of social culture:

socially patterned behavior  == influence ===> values & beliefs

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Positivism:

·        Compte, Durkheim, Popper

·        Science can only deal with observable entities

·        General laws and theories

·        Properties which have to be directly testable

·        Exact (minute) operationalization

 

Realism:

·        Causal explanations often rely on underlying properties that are actually not observed

·        Sociology is not explaining but understanding

·        Importance of the intentions and motives of actors

 

Frankfurt School:

·        Today Habermas

Positivism only discovers facts, but lacks interpretation

 

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Black, Donald. The Behavior of Law. 1976. New York : Academic Press.

My Personal Response to Black’s “Epistemology of Pure Sociology”, taken from a four page letter. After my  review I conclude:

            “Now, I mentioned that this is one side of sociology, the pure top down approach. Donald, why are you able to come up with your brilliant idea that law varies directly with relational distance? How did you discover this theory.  You had to engage with a world where you observed different occurrences that made you come up with your idea. Here you profited highly from your ability of sociological observation. That is exactly the reason why I really love your book “The Manners and Customs of the Police”. The ordinary non sociologist, or undergraduate student, might in fact learn more from your excellent observations than from you theoretical reflection of this empirical reality.

            Epistemology is the study of the nature and limits of knowledge. In “The Epistemology of Pure Sociology” you describe one half of the nature. Since you miss the other half you cannot estimate the limits of knowledge. I am probably young and green enough for the dream to, once, hold the whole coin in my hand. Getting a description of one side of the coin is a great help on this way. “

 

Interaction of cultural and structural phenomena on the micro and macro dimensions    Example: grade inflation

Micro level, cultural:     

Macro level, structural:

Micro level, structural:

Macro level cultural:

Four Styles of Social Control

	Penal	Compensatory	Therapeutic	Conciliatory
Standard	Prohibition	Obligation	Normality	Harmony
Initiation of case	Guilt	Debt	Need	Conflict
Identity of deviant	Offender	Debtor	Victim	Disputant
Solution	Punishment	Payment	Help	Resolution

 

Main Theory in the introduction [later specified in chapter 6]:

Law varies directly with relational distance. It contains no assumptions, assertions, or implications about the human mind or even human beings as such.

 

Hypothesis

T2:       Law varies directly with stratification.

T2A:    Law varies directly with rank.

T2B:     Downward law is greater than upward law.

T2B1:   Downward law varies directly with vertical distance.

T2B2:   Upward law varies inversely with vertical distance.

T3A:    "The relationship between law and differentiation is curvilinear

T3B:     The relationship between law and relational distance is curvilinear.

T3C1:  Centrifugal law is greater than centripetal law.

T3C2:  Centrifugal law varies directly with radial distance.

T3C3:  Centripetal law varies inversely with radial distance.

T4:       Law varies directly with culture.

T4A:    Law is greater in a direction toward less culture than toward more culture.

T4A1:  In a direction toward less culture, law varies directly with cultural distance.

T4A2:  In a direction toward more culture, law varies.

T4B:    Law varies directly with conventionality.

T4B1:  Law is greater in a direction toward less conventionality than toward more conventionality.

T4C1:  In a direction toward less conventionality law varies directly with cultural distance.

T4C2:  In a direction toward more conventionality law varies inversely with cultural distance.

T4A2:  The relationship between law and culture is curvilinear.

T5:       Law varies directly with organization.

T5A:    Law is greater in a direction toward less organization than toward more organization.

T5A1:  In a direction toward less organization, law varies directly with organizational distance.

T5A2:  In a direction toward more organization, law varies inversely with organizational distance.

T6:       Law varies inversely with other social control. [stated in the introduction]

T6A:    Law varies directly with respectability.

T6B:    Law is greater in a direction toward less respectability than toward more respectability.

T6C1:  In a direction toward less respectability, law varies directly with normative distance.

T6C2:  In a direction toward more respectability, law varies inversely with normative distance.

T7:       Anarchy is social life without law (Definition).