Functionalist View Of The Law Making Process

1349 WordsMay 10, 20166 Pages
Sociologists have many perspectives when it comes to the examination of our laws. Three out of many theories of lawmaking processes are the Rationalistic model, Functionalistic view, and Conflict perspective. Rationalistic models view laws as a rational way of increasing protection for members of society from crimes which are “socially injurious” (Vago 2012). Functionalist view look at where the ideas behind the laws come from and describes laws as “re-institutionalized customs”, where lawmaking is a reiteration of customs (Vago 2012). Conflict perspective describe laws as value the opinions of the elite, instill unequal access to economic goods which upkeep the social economical groups, basically keeps the elite on top (Vago 2012). The three theories are all similar but different at the same time. In my opinion, conflict theories captures the reality of law making process. The Functionalist view of making laws deal mainly with how laws come about. They are primarily created to restate the customs or rules and norms that make society function normally (Vago 2012). This theory makes laws seem more democratically decided because the people (at least the majority) within the society deem what the customs are. The idea behind this theory is that society is comprised of mainly harmonious social groups that ensure harmony through common belief. Basic values are not the culprit in dysfunctionality, such as conflict, and even though these conflicts exist, it doesn’t reflect the

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