Discuss social control as one of the functions of law.

Sample answers

1. An order will be called law if it is externally guaranteed by the probability that coercion –physical or psychological- will be applied to bring about conformity or avenge violation by specialized personnel. The main characteristics of law are: (i) pressures to comply with the law come externally in the forms of actions or threats of action by others; (ii) these actions involve coercion; and (iii) those who apply coercion are officials whose official role is o enforce the law.

2. Social control is one of the functions of law. I don’t like it much. I like social change better.

3. Control through law is usually exercised by the use of negative sanctions and not by positive rewards. A person that obeys the law does not receive an award.

4. There are three functions of law: social control, dispute resolution, and social change. With respect to social control, there are two basic processes: the internalization of group norms and control through external pressures. In Chtonic societies, social control is ensured by the fact that socializing experiences are very much the same for all members. Even in larger societies, social control rests largely on the internalization of shared norms. Formal social control is characterized by: (i) explicit rules of conduct, (ii) planned use of sanctions to support the rules, and (iii) designated officials to interpret and enforce the rules, and often to make them. Law does not have a monopoly on formal mechanisms of social control. Control through law is usually exercised by the use of negative sanctions and not by positive rewards. So, for example, a person that obeys the law does not receive an award. Mechanisms of social control through law include: (i) Criminal sanctions, (ii) civil commitment, and (iii) administrative licenses. Criminal sanctions: the purpose of sanctions: retribution (denounce unlawful conduct), deterrence (both specific and general), rehabilitation of the offender. Civil commitment: medicalization of social problems, such as drug abuse, alcoholism, etc. Administrative law: administrative regulations is used as a means of social control. Three types of administrative agencies in Canada: self-governing bodies, independent regulatory agencies, and departmental regulatory agencies. Requiring and granting a license to perform certain activities is a classic control device. Licenses are required for more than 5000 occupations in Canada. Underlying all regulatory licensing is a denial of a right to engage in the contemplated activity except with a license. Licenses can also be revoked and suspended.

The social control model is the primary model of human motivation that has guided the recent efforts of the North American legal system to manage society. It has had dramatic effects on the nature of our society. But, does a social control model really work? Research findings suggest that people’s compliance with the law is, at best, weakly linked to the risks associated with law-breaking behavior. As a result, social control strategies based primarily on a punitive model of human behavior have, at best, had limited success.

5. There are three functions of law: social control, dispute resolution, and social change. With respect to social control, there are two basic processes: the internalization of group norms and control through external pressures. In Chtonic societies, social control is ensured by the fact that socializing experiences are very much the same for all members. Even in larger societies, social control rests largely on the internalization of shared norms. Formal social control is characterized by: (i) explicit rules of conduct, (ii) planned use of sanctions to support the rules, and (iii) designated officials to interpret and enforce the rules, and often to make them. Law does not have a monopoly on formal mechanisms of social control. Control through law is usually exercised by the use of negative sanctions and not by positive rewards. So, for example, a person that obeys the law does not receive an award. Mechanisms of social control through law include: (i) Criminal sanctions, (ii) civil commitment, and (iii) administrative licenses. Criminal sanctions: the purpose of sanctions: retribution (denounce unlawful conduct), deterrence (both specific and general), rehabilitation of the offender. Civil commitment: medicalization of social problems, such as drug abuse, alcoholism, etc. Administrative law: administrative regulations is used as a means of social control. Three types of administrative agencies in Canada: self-governing bodies, independent regulatory agencies, and departmental regulatory agencies. Requiring and granting a license to perform certain activities is a classic control device. Licenses are required for more than 5000 occupations in Canada. Underlying all regulatory licensing is a denial of a right to engage in the contemplated activity except with a license. Licenses can also be revoked and suspended. The social control model is the primary model of human motivation that has guided the recent efforts of the North American legal system to manage society. It has had dramatic effects on the nature of our society. As depicted in the video shown in class, the US and Canadian prison populations have been increasing dramatically, in part because of the belief that crime is deterred by the threat and/or experience of punishment. But, does a social control model really work? Research findings suggest that people’s compliance with the law is, at best, weakly linked to the risks associated with law-breaking behavior. As a result, social control strategies based primarily on a punitive model of human behavior have, at best, had limited success.

Comments about the answers

1. This does not answer the question. The question is about social control as one of the functions of law, not Weber’s conception of law.

2. This answer is quite weak. It does not explain what social control is. There is no critical personal assessment. Saying what you like or what you don’t like, at least without any further explanation, is not a critical personal assessment.

3. This answer is also weak. These statements have been borrowed from a book, but there is no explanation. It requires further elaboration. Also, there is no critical assessment.

4. This answer is clear, well organized, and elaborate. It answers the question fully and correctly. There is a somewhat creative, critical personal assessment. But, there is no reference to issues actually discussed in class. So, no full credit may be given to this answer.

5. This is a full credit answer. It is clear, well organized, and elaborate. It answers the question fully and correctly. It makes reference to issues actually discussed in class and there is a somewhat creative, critical personal assessment.