A Political Analysis of TRIALS, the State, and Mythology: A Sociology of Law Perspective

• In Event: 1567 - Section on Sociology of Law Refereed Roundtables (1 hour)
  In Refereed Roundtable 60min: Table 6: Theoretical Approaches

Abstract

Abstract
We present a political analysis of criminal trials from a sociology of law perspective as a model for examining power, law, and the state. Our analysis includes suggestions for a non-reductionist theory of power. We focuses upon the discursive formations upon which modern society is based and dependent; how power functions within this form of society, how it is reproduced, why certain social formations occur while others disappear, and how change is possible; and a nascent political theory of law. The modern form of law is hierarchical, individualistic, and highly competitive. The ostensible rule of law varies according to this form via a political analysis of the state and the role of law in globalization. The dominant paradigm of Western thought in Eurocentric justice systems has been punishment, the basis for criminal law. The expansion of criminal law and punitive sanctions stems primarily from the growth of international and centralized state control. We have created a condensed version below for presentation at the ASA.

Author

• Pat L. Lauderdale, SRI