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The Sociology of Jurisprudence

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The Sociology of Jurisprudence A THESIS PRESENTED TO DEPARTMENT OF SOCIOLOGY COLLEGE OF ARTS POLYTECHNIC UNIVERSITY OF THE PHILLIPINES Mabini campus, Sta. Mesa, Manila THE SOCIOLOGY OF JURISPRUDENCE AN INQUIRY IN THE CRIMINAL LITIGATION IN THE PHILIPPINES: WEALTH, PRESTIGE AND KNOWLEDGE/POWER COMPLEXES (AN INITIAL EXPLORATION) SUBMITTED BY: EMMANUEL S. CALIWAN ROMA JESSA C. PURPURA NANNETTE B. GERONA BS SOCIOLOGY 2009-2010 RESEARCH ABSTRACT Social stratification is a pervasive term in the discipline of sociology. As sociology study and scrutinizes different kinds and forms of society it looks on how such society functions and interacts not on the contexts of normality but on the contexts of “POWER RELATIONS”. From here enters the sociological analysis of stratification. Taking into account the findings of many sociologists that there is no society, no institution, nor organization within the scope of historical data’s that is not stratified. The researchers focus their attention to the age-old institution of social control what we now call-----THE CRIMINAL JUSTICE SYSTEM. In addition, study and analyze its major component the criminal litigation. Moreover, how social stratification affects these branches of the criminal justice system particularly the court. This research aim to prove that our court, through its criminal litigation, is a social construct that is not safe with the dynamics of power relations. Further more we what to expose the truth behind the justice symbol that our country has as a woman blindfolded. Which signify that the justice system we have does not look with the social status one have? However, the contrary is true as you explore the thesis of this research we are proving through the various methodologies that we use that our justice is a TRANSACTIONAL JUSTICE. By applying the Weberian conception and theoretical paradigm of stratification an expounded version of Marxist paradigm of power relation. And of Foucaultian’s concept of knowledge/power complex and of panopticism. We would shed light to this critical and worth venturing field of sociological inquiry . Key terms: Stratification, Power relations, Criminal justice, Litigation, Wealth, Prestige, Knowledge/Power complex, Weber and Foucault, transactional justice. 2 CHAPTER ONE INTRODUCTION A. RATIONAL FOR THE TOPIC “In a time where lie pervades, telling the truth is a revolutionary thing” -George Orwell. Law permeates all realms of social behavior. Its pervasiveness and social significance are felt in all walks of life. In subtle and, at times, not so subtle ways a complex and voluminous set of laws governs our every action. Laws maintain the status quo but also provide for necessary changes. Finally, laws, in particular criminal laws, not only protect private and public interests, but also preserve order. There is no end to ways in which the law has a significant effect upon our lives. That is the main reason why the sociology of law is a needed lens for analysis. Critically understanding how law operates within the society is the main task of the sociology of law. The sociology of law touches a number of well-established areas of inquiry. Such as values, interaction patterns, ideologies, norms, rules that prescribe the appropriate behavior, nature of legitimate authority, the mechanism of social control, power arrangements and the issues of justice in private and public 3 spheres. However to compartmentalize its critique and analysis it has in the process of its evolution created a specialized subfield called as the sociology of jurisprudence. In this research, we would venture in the specialized subfield of the sociology of law to analyze the issue of justice and power relations in the litigation in the Philippines. Sociology of jurisprudence is a seemingly new and sacred field in the discipline of sociology (here in the Philippines) for such only, few Filipino sociologists ever step in the boundaries of two of the most distinctive yet overlapping field of the discipline of law and society. (However, what is sociology of jurisprudence and why is it worth venturing with? According to Steven Vago in his book Society and Law, sociology of jurisprudence it is a specialized field within sociology that critically analyzes the law in action compared to law written in books.) Yet there are many and major pressing concerns that both sociologist and those in the legal field should work hand and hand in solving. Social problems pervades our criminal justice system we must accept the fact that change is very badly needed for us to achieve a more humane surroundings and to achieve our goal of giving impartial and real JUSTICE. Such is the major reason why this study is born. Particularly the researcher is very much intrigued on the issue of social and criminological justice that those person inside the criminal justice system experience. In addition, to solve such dilemma the researcher puts forward the sociological notion of stratification and its operation within the justice system. However, studying such complex and multi-disciplinial institution the researcher focus on the most essential of its process and function namely --------------------------- LITIGATION. The thesis argument that we want to present here is that our criminal litigation and its institution the court is pervaded by a certain pathology that makes it powerless in front of people with high social standing (those who possess wealth, 4 prestige and knowledge power complex or as the language of the researchers power dynamics.). Powerless in a sense that it favors the demand of those in high status our blind concerning the crimes they perpetrated. In addition, in the process we want to prove that the symbol of justice that we adopt is wrong and creates an illusion in the eyes of the public. That the institution of justice is just and impartial but the contrary is true. Working under the tradition of sociology and its offspring cultural studies the researchers aims to examine litigation in terms of litigation practices and its relation to power, its goal is to expose power relationships and examine how its dynamics influence and shape court litigation. By utilizing secondary data analysis, three months of court observation (and analysis of symbolic process within it) and interview of 200 Manila City Jail inmates we have done this initial exploration like a detective in search of truth. Hope this may serve as a fuel for more discourse in the field of Society and Law particularly that of the Sociology of Jurisprudence for the betterment of our future. B.THEORITICAL FRAME WORK "The irrationality of a thing is not an argument against its existence, rather, a condition of it." -Friedrich Nietzsche. 5 Looking in a general sociology textbook one of the most essential topic for whoever is interested or is taking up a sociology class is the chapter on social stratification. For such one of the key factor for a critical analysis of society is the concept of social stratification. In this research the focus of the study is within the institution of social control (particularly that of litigation) and the power that stratification holds within it. Max Weber: Wealth, Prestige and Power. 1 (A Weberian conception of the criminal justice system.) One of the most influential sociological theorists of the classical age is Max Weber. According to him, Marx’s assertion that economic factors are important in understanding individual and group behavior is correct. Yet he emphasized that no one factor was sufficient for defining people’s location within the class structure. And how this class structure affects his behavior and his social surrounding behavior. As such, he developed within the Marxian tradition a much more holistic and complex multi dimensional approach to social stratification that focused on the interplay of wealth, prestige and power in determining a person’s class position, and how this factor affects the different institution a person belongs to. For Weber these three elements do not only determine your place in the stratum of society but also the behavior of the society towards you. To enumerate according to him to him the first of this elements is WEALTH he defines it as the value of all persons or 1 SOURCES: SOCIOLOGY IN OUR TIMES THE ESSENTIALS 3RD EDITION BY DIANA KENDALL pg. 202-203. 6 family’s economic assets, including income, personal property and income- producing property. To note when you have this wealth they are able to purchase expensive consumer items, control other people’s opportunities and monopolize others. Secondly, Weber puts forward the concept of PRESTIGE this is a respect or regard with which others regard a person or status position. Fame, respect, honor and esteem are the most common forms of prestige. A person who has a high level of prestige, which is assumed to receive deferential and respectful treatment to others. Last on Weber’s notion is POWER he defines it as the ability of people or groups to achieve their goal despite opposition from others. The powerful shape society in accordance with their own interest and directs the actions of others. So from here we enter the main reason for the researcher using this sociological perspective in their study because as Weber is theorizing social stratification is a very powerful factor on every aspect of social life and organization even the criminal justice system is pervade by this social force. It even enter the seemingly profess institution of impartiality. For as Weberian theory says wealth, prestige and power determine the behavior of the institution and the individuals inside it. Power is not as rational as we think it is. It is not just a simple task of achieving or acquiring it. Michel Foucault a French postmodern theorist shed light on such a vogue notion of power acquisition and determines how this power affects the behavior of the institution of social control.
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