Legal behavior
Encyclopedia
In sociology
, legal behavior refers to variations in the methods and degree of governmental social control of behavior
.
in his book The Behavior of Law. The theory exemplified Black's sociological paradigm known as pure sociology
.
A central aspect of this paradigm was the reconceptualization of human behavior as the behavior of social life. Thus, the behavior of many individuals may be understood—and more readily explained—as a single phenomenon.
One form of social life is law, defined by Black as governmental social control. Social control is any process of defining and responding to deviance
. Any increase of governmental social control—be it a call to the police, an arrest, a prosecution, or a conviction—is thus an increase of law.
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The word "behavior" is used here as it is used in the physical sciences to refer to variation. In this sense, everything behaves, including particles, storm systems, and law.
Black's theory predicts and explains variations in legal behavior, such as why one assault results in a call to the police while another does not, or why one homicide conviction results in capital punishment
while another does not.
Sociology
Sociology is the study of society. It is a social science—a term with which it is sometimes synonymous—which uses various methods of empirical investigation and critical analysis to develop a body of knowledge about human social activity...
, legal behavior refers to variations in the methods and degree of governmental social control of behavior
Behavior
Behavior or behaviour refers to the actions and mannerisms made by organisms, systems, or artificial entities in conjunction with its environment, which includes the other systems or organisms around as well as the physical environment...
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Background
In 1976, theoretical sociologist Donald Black introduced a general sociological theory of lawLaw
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
in his book The Behavior of Law. The theory exemplified Black's sociological paradigm known as pure sociology
Pure sociology
Like rational choice theory, conflict theory, or functionalism, pure sociology is a sociological paradigm -- a strategy for explaining human behavior. Developed by Donald Black as an alternative to individualistic and social-psychological theories, pure sociology was initially used to explain...
.
A central aspect of this paradigm was the reconceptualization of human behavior as the behavior of social life. Thus, the behavior of many individuals may be understood—and more readily explained—as a single phenomenon.
One form of social life is law, defined by Black as governmental social control. Social control is any process of defining and responding to deviance
Deviant Behavior
Deviant Behavior is an interdisciplinary journal which focuses on social deviance, including criminal, sexual, and narcotic behaviors.The journal is published by Taylor and Francis, Inc., and was ranked 41st out of 46 psychology journals and 46th out of 90 sociology journals in 2004 by the...
. Any increase of governmental social control—be it a call to the police, an arrest, a prosecution, or a conviction—is thus an increase of law.
Bold text
The word "behavior" is used here as it is used in the physical sciences to refer to variation. In this sense, everything behaves, including particles, storm systems, and law.
Black's theory predicts and explains variations in legal behavior, such as why one assault results in a call to the police while another does not, or why one homicide conviction results in capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
while another does not.