Dominant group/Law

< Dominant group
The conditions in the jails in Pakistan are deplorable; most of the prisons are more than 100 years old. Credit: Anees Jillani.

"Law[1] is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible.[2] It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people."[3]

Dominant groups

Examples from primary sources are to be used to prove or disprove each hypothesis. These can be collected per subject or in general.

Criminal laws

"The dominant group whose values are expressed in the law is only one of many groups which are integrated in the moral and political fabric of the community."[4]

"Implicit in such references is a silent "we" which carries the appearance of objectivity but actually presumes a dominant group perspective."[5]

Establishing differences

"If a white woman also is a welfare mother, can we consider her legitimately placed with the dominant group in society merely because she shares their skin color?"[6]

Law professors

"Unfortunately, performance is often hampered by negative feelings, which would be true for any group that had been saddled with centuries of oppression by the dominant group."[7]

"Because the token is highly visible, she bears more performance pressure than members of the dominant group.8 The dynamics created by a skewed group context are exacerbated in the case of the African American female law professor."[8]

Legal pluralism

"[I]nterest group pluralism replaced legal pluralism as the dominant group theory."[9]

Legitimizing dominance

“As the dominant group, it is in men's best interest to continue to assign the role of sole caretaker to women because this role limits women's ability to be the primary breadwinner, and thereby forces them to remain less powerful than men.”[10]

Rights

"It is the feeling on the part of the dominant group of being entitled to either exclusive or prior rights in many important areas of life."[11]

Research

Hypothesis:

  1. A dominant group makes the laws to maintain their dominance.

Control groups

This is an image of a Lewis rat. Credit: Charles River Laboratories.

The findings demonstrate a statistically systematic change from the status quo or the control group.

“In the design of experiments, treatments [or special properties or characteristics] are applied to [or observed in] experimental units in the treatment group(s).[12] In comparative experiments, members of the complementary group, the control group, receive either no treatment or a standard treatment.[13]"[14]

Proof of concept

Def. a “short and/or incomplete realization of a certain method or idea to demonstrate its feasibility"[15] is called a proof of concept.

Def. evidence that demonstrates that a concept is possible is called proof of concept.

The proof-of-concept structure consists of

  1. background,
  2. procedures,
  3. findings, and
  4. interpretation.[16]

See also

References

  1. ↑ From Old English lagu; legal comes from Latin legalis, from lex "law", "statute" (Law, Online Etymology Dictionary; Legal, Merriam-Webster's Online Dictionary)
  2. ↑ Robertson, Crimes against humanity, 90; see "analytical jurisprudence" for extensive debate on what law is; in The Concept of Law Hart argued law is a "system of rules" (Campbell, The Contribution of Legal Studies, 184); Austin said law was "the command of a sovereign, backed by the threat of a sanction" (Bix, John Austin); Dworkin describes law as an "interpretive concept" to achieve justice (Dworkin, Law's Empire, 410); and Raz argues law is an "authority" to mediate people's interests (Raz, The Authority of Law, 3–36).
  3. ↑ "Law, In: Wikipedia". San Francisco, California: Wikimedia Foundation, Inc. January 14, 2013. Retrieved 2013-01-14.
  4. ↑ RC Fuller (1942). "Morals and the criminal law". Journal of Criminal Law and Criminology. http://www.jstor.org/stable/10.2307/1136815. Retrieved 2012-04-26.
  5. ↑ Kimberlé Williams Crenshaw (May 1988). "Race, reform, and retrenchment: Transformation and legitimation in antidiscrimination law". Harvard Law Review 101 (7): 1331-87. doi:10.2307/1341398. http://www.jstor.org/discover/10.2307/1341398?uid=3739552&uid=2&uid=4&uid=3739256&sid=21101573479687. Retrieved 2012-12-17.
  6. ↑ Martha L. Fineman (1990). "Challenging Law, Establishing Differences: The Future of Feminist Legal Scholarship". Florida Law Review 42 (11): 25-43. http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/uflr42&section=11. Retrieved 2012-04-26.
  7. ↑ Roy L. Brooks (1985). "Life after tenure: Can minority law professors avoid the Clyde Ferguson syndrome". USF Law Review 20 (28): 419. http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/usflr20&section=28. Retrieved 2012-04-26.
  8. ↑ Linda S. Greene (1990). "Tokens, Role Models, and Pedagogical Politics: Lamentations of an African American Female Law Professor". Berkeley Women's Law Journal 6: 81. http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/berkwolj6&section=12. Retrieved 2012-12-17.
  9. ↑ Dalia Tsuk (January 2005). "From Pluralism to Individualism: Berle and Means and 20th-Century American Legal Thought". Law & Social Inquiry 30 (1): 179-225. doi:10.1111/j.1747-4469.2005.tb00349.x.
  10. ↑ Hillary Hunt Holmes (2003). "Legitimizing Male Dominance: Gendering the Nongendered Equal Protection Doctrine A Critique of Judith Baer's Our Lives Before the Law". UCLA Women's LJ. https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=12+UCLA+Women%27s+L.J.+291&srctype=smi&srcid=3B15&key=354683b386b68c7bac9aa1fcc4329e6a. Retrieved 2012-02-22.
  11. ↑ Herbert Blumer (Spring 1958). "Race Prejudice as a Sense of Group Position". Pacific Sociological Review 1 (1): 3-7. doi:10.2307/1388607. http://www.jstor.org/stable/10.2307/1388607. Retrieved 2012-12-17.
  12. ↑ Klaus Hinkelmann, Oscar Kempthorne (2008). Design and Analysis of Experiments, Volume I: Introduction to Experimental Design (2nd ed.). Wiley. ISBN 978-0-471-72756-9. http://books.google.com/?id=T3wWj2kVYZgC&printsec=frontcover.
  13. ↑ R. A. Bailey (2008). Design of comparative experiments. Cambridge University Press. ISBN 978-0-521-68357-9. http://www.cambridge.org/uk/catalogue/catalogue.asp?isbn=9780521683579.
  14. ↑ "Treatment and control groups, In: Wikipedia". San Francisco, California: Wikimedia Foundation, Inc. May 18, 2012. Retrieved 2012-05-31.
  15. ↑ "proof of concept, In: Wiktionary". San Francisco, California: Wikimedia Foundation, Inc. November 10, 2012. Retrieved 2013-01-13.
  16. ↑ Ginger Lehrman and Ian B Hogue, Sarah Palmer, Cheryl Jennings, Celsa A Spina, Ann Wiegand, Alan L Landay, Robert W Coombs, Douglas D Richman, John W Mellors, John M Coffin, Ronald J Bosch, David M Margolis (August 13, 2005). "Depletion of latent HIV-1 infection in vivo: a proof-of-concept study". Lancet 366 (9485): 549-55. doi:10.1016/S0140-6736(05)67098-5. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1894952/. Retrieved 2012-05-09.

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