The Law Has Shaped Law

Within the cultural context of society, the systematic structure is defined by White male patriarchy that sanctions Black males to convey the way in which they have been socialized and institutionalized to think, perform, and behave when self- identifying as male. However, the social order of society is structured by a historical system centered among race-based superiority. This notion impedes the development of a true independent identity. Consequently, a struggle arises for distinctiveness, respect, and power. For Black men there becomes a conflict with who he is versus how he is projected in society.

Identity is the characteristics that determine who a person is, not all factors in a person’s identity are chosen for example race or gender, whereas being a New York Yankee fan is a chosen aspect in someone’s identity. Following that statement there are certain pre-determined assumptions about particular pieces that make up one’s identity, those assumptions, however are not chosen by the person with said identity. If you are a woman in today’s society you are under constant criticism, whether it is in your work ethic, the way you look, and even the way you conduct yourself. Sadly, being a woman is not the only aspect of someone 's identity that is constantly under scrutiny. Race is a major part a person’s identity, whether they themselves think so or not. This is a white man’s world that we live in so consequently if you are anything other than that you will most definitely encounter hardships in life.

Race and gender are two important terms in society that define us. However, they lead to inequality among individuals. "Race is a socially defined category based on real or perceived biological differences between groups of people" (Ferris and Stein 216). It is based off our biological makeup that distinct us from others (Ferris and Stein). Many people do not know the actual term of race, how deeply rooted it is, or where it derived from, but it all works in one form. Race goes a long way from how you may appear to someone. Just because someone looks a certain race does not mean they will not have inevitably biological material from other races. It is very diverse between many different populations. Race does not identify who you are but what social category you are from. Gender is how you physically appear in society. "Gender is the physical, behavior, and personality traits that a group considers to be normal, natural, right, and good for its male and female members" (Ferris and Stein 243). It is the identity of masculine and feminine. Gender identifies who we are and it reflects deeply on a person's personality. They normally change over time from the assigned sex given at birth. Society has its way of discriminating between race and gender and it shows differences distributed among individuals.

Laws are created among society to maintain order, keeping the communities safe and controlled. In To Kill a Mockingbird, the trial of Tom Robinson is a textbook example of how law creates order among society. When Tom was accused of rape, he was taken to a court of law and prosecuted for the laws that he had broken. Atticus states, “There is one human institution that makes a pauper the equal of a Rockefeller… that institution gentlemen, is a court.” pg 274 When Atticus says that he is expressing that legally all men are equal in the court of law, and men that are proven guilty are demanded to serve the punishment that has been given to them. This shows that law is the ultimate decider over the people, and that the people should respect the law because it upholds the regulations of the nation.

In spite of the fact that law capacities to advantage society it can likewise reflect and strengthen the social disparity found in bigger society. American history is loaded with case of two related parts of law and imbalance. The utilization of law to encourage social disparity and the effect of disparity on the causes of law and the operation of the lawful framework.

Lopez defines social construction in the context of race as, “races are not biologically differentiated groupings but rather social constructions. Race exists alongside a multitude of social identities that shape and are themselves shaped by the way in which race is given meaning” (Lopez, 1). In regard to how the law controls the behaviors of a people group, Lopez argues that the law coerces people’s behaviors by forcing them to engage in only what the law wants. Lopez claims that “viewing law as primarily a coercive system helps us focus on the actual rules promulgated and enforced through law and allows a rather more positivist account of how law constructs races” (Lopez, 81). Finally, law as ideology, according to Lopez, consumes the morals and beliefs held by individuals that are formed as a result of the law.

This basic understanding of ourselves could definitely qualify as true, as facts generally are. However, along have come social justice warriors, seeking to undercut even the most basic of established facts, one of which being our understanding of gender classification.

Gender can happen in the real world which can lead to personal experiences. I have experienced some gender inequality throughout my life and have had family situations since I have been alive. For instance, my parents lived in a time where men went to work and the women had to clean, cook, and stuff around the house. I have experienced some problems myself by my brother and I having to do outside yard work while my sister only does inside work. She claims that yard work is “for men and it’s a man 's job.”. What I have to say about that is that men and women don 't need to do work based off if it is a man or woman’s job, work is work and you shouldn’t base it off gender inequality. Another situation I was faced with was when my mom was trying to get a job, she was trying to get a job at selling Tupperware. She was faced with “you can’t sell Tupperware because you are a woman and people don 't buy stuff off of women.”. She sticked with her gut and went for it, now she is very successful in her business and doesn’t let what a guy said to her stop her.

As society changes, laws change as well to keep up with changes in some cases, the law are for the better of the majority, however, there have been several laws that have been enacted to impose inequality.

Race and gender are socially constructed. In spite of being a biological factor, gender is considered as a social construct. The males are considered superior to the females in many societies. The more a gender has been treated in a certain manner, the more one succumbs to the same environment. Different people expresses that a gender is superior to another but they do not consider the biological factors associated with the same. Gender is socially constructed because of the views which have been created in theories or the culture around us (Glenn and Nakano, 1999). The social construction of gender has

The official version of the law is the basis on which the law prides itself to be. It claims to be neutral, having no prejudice against race, sex, gender, or any other distinguishing characteristics. The law compares itself to a blindfolded woman as historically women who have been seen as virgins who are pure, uninfluenced, and have no biases. The official version of the law is bound by one rule and that is everyone is subjected to the law and will be treated equally under it. Stare Decisis, a well known term to legal scholars is used define how judges are bound by precedent which means they must treat all cases the same and thus leading to the basis of the official version which is predictable, unbiased law. My focus in this paper is to

     In his book on ?The Behavior of Law? Donald Black attempts to describe and explain the conduct of law as a social phenomenon. His theory of law does not consider the purpose, value, impact of law, neither proposes any kind of solutions, guidance or judgment; it plainly ponders on the behavior of law. The author grounds his theory purely on sociology and excludes the psychology of the individual from his assumptions on the behavior of law (Black 7). The theory of law comes to the same outcome as other theories scrutinizing the legal environment, such as deprivation theory or criminal theory; however, the former concentrates on the patterns of behavior of law, not involving the

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.

Examples of law in popular culture are numerous and appear in a variety of Medias. Instances of the law can historically can be found in classic radio shows and novels. In today's time television, video games and modern streaming sites seem to dominate the intersection of law and society. Popular shows like how to Get Away with Murder or Criminal Minds capture small fragments of the law while still holding the viewer's interest. Yet, as new forms interaction like social media applications have been introduced to society, new intersections with law have also occurred. Apps like Instagram are extremely significant in Today's popular culture. It has become so important that some people even measure a public figures appeal by how many followers they have. At first glance it might seem as if the law lacks presence in the media culture but, that assumption is incorrect. Instagram and the law intersect all the time and in a variety of ways. In this paper there will be an attempt to explain three including advertisement, user posts and development.

In society, the biological difference between men and women is used as a justification for aligning them with different social roles which restrict and mold their attitudes and behavior. Merriam-Webster defines gender as the behavioral, cultural, or psychological traits typically associated with one sex. Narrow minded society of today is not satisfied with the natural difference of sex, but each insist on adding a cultural difference of gender to it. The unsophisticated, ideal physical facts always become associated with the complex psychological qualities (Holter). It is not enough for a male to be a man; he must also be masculine. A woman, in addition to being a female, must be feminine (Magner). In a more evolved and accepting society,