During this course, I got a good chance to improve my understanding of the U.S. legal system and pay attention to a sociological perspective, in particular. Among a variety of the offered sources, I would like to rely on such readings as the articles by Davis about law as a form of social control and by Lewis about why the Supreme Court should use sociology. In addition, the report by the Supreme Court of the United States and the case Brown v. Board of Education became helpful in providing specific examples and explanations of the topic. In the United States, the legal system is based on the principles of federalism, meaning that the federal or national government is the main source of power, while states maintain minor powers within their court systems. Recently, power relations have been thoroughly examined to prove the connection between such concepts as law, class, and power and reveal an unequal distribution of power among different social positions (Davis 136). In this paper, I will define the recent findings about the U.S. legal system, its methods of work, and a sociologist’s view of law.
In the United States, the federal government and the various states each have some responsibility for enforcing the law. Common law, which is the body of law established via court judgments rather than through legislation or constitutions, forms the basis of this system. The U.S. Constitution remains one of the most crucial documents in the country, and it shows how the law determines society. It establishes the federal system of government and distributes powers and prerogatives (Supreme Court of the United States 1).
At the end of the 18th century, Congress approved the Federal Judiciary which had a high priority to lead administrative proceedings, make significant decisions, and even declare changes in federal and state laws (Supreme Court of the United State 1). At this moment, I am aware that the U.S. legal system has a hierarchical structure with different levels of courts, including the Supreme Court, federal appellate courts, and federal district courts. The system is designed to create a balance between the power of the federal government and the rights of individual states.
Another important aspect of the U.S. legal system is its adversarial nature, which pits opposing parties against each other in a trial. This system is based on the principle that the truth will emerge from the open competition of conflicting evidence and arguments. For example, Brown v. Board of Education proved that court opinions were rarely unanimous, and it was better to re-hear cases many times to achieve a consensus (US Supreme Court 2). Despite the intention to promote justice and democracy in the United States, most minorities and low-income individuals remain disproportionately affected by harsh sentencing laws and police practices.
When a party observes rights violation, it is possible to file a lawsuit. These attempts show that the U.S. legal system works well to identify and solve conflicts and create fair conditions. These court cases will be heard by a judge, who will make a decision based on the evidence presented. The losing party has the opportunity to appeal the decision to a higher court, as it was made by the parties of the Brown v. Board of Education case (US Supreme Court 2). Following the basic principles of the legal system, “balancing group interests in the courts and in other branches of government requires value choices” (Pound, qtd. in Davis 138). Thus, the recognition of fair values and obligations is critical in promoting the effective work of the courts, which unites the legal system with sociology.
Sociologists study the ways in which society is organized and how social structures and institutions shape individuals’ experiences and behaviors. In this context, law is an important area of study for sociologists because it is a powerful social institution that shapes the way people interact with each other and with the state. However, a “lack of social science literacy” has been currently observed and can no longer be ignored (Lewis para. 3). Again, attention is paid to the case Brown v. Board of Education, where the core issue was based on the “separate but equal” doctrine and the necessity to prove segregation as intrinsically harmful to a particular group of people (Lewis para. 4; US Supreme Court 1). To avoid such ambiguities and racially-based debates, sociologists might study how laws are made, how they vary across different societies, and how they are interpreted and applied, particularly in relation to social inequality.
Another important aspect of law for sociologists is its relationship to social norms and values. Laws are created to reflect and reinforce certain norms and values within a society, and laws that deviate from these norms can be met with resistance and noncompliance (Davis 130). Sociologists may predict how the existing social norms and values affect the law in different regions. Still, despite the existing opinions and diversity, the law is seen as a powerful social institution that plays a key role in shaping society and shaping individual experiences and behaviors.
In general, the U.S. legal system is complex and associated with multiple controversies. Being organized at the federal level, the system is still challenged by disproportionately distributed powers and obligations based on racial and financial issues. Therefore, the role of sociologists in understanding and improving the legal system is critical due to their focus on individual and collective interactions. There is an examination of the processes involved in lawmaking and implementation, as well as how laws are influenced by and affect prevailing cultural mores. As a result, sociologists are better equipped to appreciate the significance of legislation in influencing both collective and individual dynamics.
Works Cited
Davis, F. James. “Toward a Theory of Law in Society.” Sociological Focus, vol. 11, no. 2. 1978, pp. 127-141.
Lewis, Jack. “The Supreme Court Needs to Understand Sociology.” The Diamondback. 2017. Web.
Supreme Court of the United States. “The Court as an Institution.” Supreme Court. Web.
US Supreme Court. Brown v. Board of Education of Topeka, 347 U.S. 483, 1954. Justia US Supreme Court. Web.