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Sheehan detained for wearing antiwar t-shirt to State of the Union Should she be allowed to break the “law?” What would a Functionalist say about such an action? What about a Conflict Perspectivist?
Social Order vs. Social Justice What is more important - order or fairness? Are we not more obligated to achieve justice than to obey the law? (109) Rule of Law vs. Rule of Men? If rule of law – no one is above the law? Natural Law - content is set by nature has validity everywhere. If rule of men – laws created by people that change with the times and values Code of Hammurabi The Twelve Tables of Rome – 449 BC Magna Carta – 1215 AD Max Weber - Rationalization Is this a good thing or a bad thing???
Functionalist and Law Functionalism - we generally share values Disunity and chaos will always return to normalcy Everything has a purpose The laws that exist do so because of these fundamental reasons
Conflict Perspective and Law CP – those in power make the rules to benefit and protect their power The laws are not written with justice in mind but with maintaining control Law and order  – do they have to be the same
Obligation to the State Why does Socrates (Plato) believe we need to accept the punishment given out by a system that he spent his life challenging? Love it or leave it!!!! Do we have a sense of obligation to those in power? Stanley Milgram
Sixty percent   of the "teachers" obeyed orders to punish the learner to the very end of the 450-volt scale! No subject stopped before reaching 300 volts!   Please continue.  The experiment requires you to continue, please go on.  It is essential that you continue.  You have no choice, you must continue.
"While I was a subject [participant] in 1964, though I believed that I was hurting someone, I was totally unaware of why I was doing so. Few people ever realize when they are acting according to their own beliefs and when they are meekly submitting to authority. ... To permit myself to be drafted with the understanding that I am submitting to authority's demand to do something very wrong would make me frightened of myself. ... I am fully prepared to go to jail if I am not granted  Conscientious Objector  status. Indeed, it is the only course I could take to be faithful to what I believe. My only hope is that members of my board act equally according to their conscience..."   Letter to Milgram (during Vietnam War)
Zinn’s Fundamental Question Can a decent society exist if people humbly obey all laws, even those that violate human rights?  And when unjust laws and unjust policies become the rule, should not the state “be overthrown”? (122) “ Protest beyond the law is not a departure from democracy; it is absolutely essential to it” (123) – Agree or Disagree???
What does it mean to be patriotic? “ The men who fought in that war carried the burden of being an American citizen. When they were sent to war, they fought. I carried the burden, not at all comparable, of being an American citizen by opposing that war. But we were both doing our duty."

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Class 2

  • 1. Sheehan detained for wearing antiwar t-shirt to State of the Union Should she be allowed to break the “law?” What would a Functionalist say about such an action? What about a Conflict Perspectivist?
  • 2. Social Order vs. Social Justice What is more important - order or fairness? Are we not more obligated to achieve justice than to obey the law? (109) Rule of Law vs. Rule of Men? If rule of law – no one is above the law? Natural Law - content is set by nature has validity everywhere. If rule of men – laws created by people that change with the times and values Code of Hammurabi The Twelve Tables of Rome – 449 BC Magna Carta – 1215 AD Max Weber - Rationalization Is this a good thing or a bad thing???
  • 3. Functionalist and Law Functionalism - we generally share values Disunity and chaos will always return to normalcy Everything has a purpose The laws that exist do so because of these fundamental reasons
  • 4. Conflict Perspective and Law CP – those in power make the rules to benefit and protect their power The laws are not written with justice in mind but with maintaining control Law and order – do they have to be the same
  • 5. Obligation to the State Why does Socrates (Plato) believe we need to accept the punishment given out by a system that he spent his life challenging? Love it or leave it!!!! Do we have a sense of obligation to those in power? Stanley Milgram
  • 6. Sixty percent of the "teachers" obeyed orders to punish the learner to the very end of the 450-volt scale! No subject stopped before reaching 300 volts! Please continue. The experiment requires you to continue, please go on. It is essential that you continue. You have no choice, you must continue.
  • 7. "While I was a subject [participant] in 1964, though I believed that I was hurting someone, I was totally unaware of why I was doing so. Few people ever realize when they are acting according to their own beliefs and when they are meekly submitting to authority. ... To permit myself to be drafted with the understanding that I am submitting to authority's demand to do something very wrong would make me frightened of myself. ... I am fully prepared to go to jail if I am not granted Conscientious Objector status. Indeed, it is the only course I could take to be faithful to what I believe. My only hope is that members of my board act equally according to their conscience..." Letter to Milgram (during Vietnam War)
  • 8. Zinn’s Fundamental Question Can a decent society exist if people humbly obey all laws, even those that violate human rights? And when unjust laws and unjust policies become the rule, should not the state “be overthrown”? (122) “ Protest beyond the law is not a departure from democracy; it is absolutely essential to it” (123) – Agree or Disagree???
  • 9. What does it mean to be patriotic? “ The men who fought in that war carried the burden of being an American citizen. When they were sent to war, they fought. I carried the burden, not at all comparable, of being an American citizen by opposing that war. But we were both doing our duty."