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View of conflict theory in the society
View of conflict theory in the society
Pros and cons of conflict in society
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While conflict can be difficult to solve and appear detrimental to the progress of society, their presence plays a foundational role within the structure of communities. Society would not be complete without some sort of internal struggle, whether inhabitants acknowledge it or not. Nils Christie, the author of an article “Conflicts as Property” has a firm belief that conflict’s purpose within society is beneficial, contesting the standpoints of modern law. Throughout this critical analysis, Christie’s main topics will be examined and furthered reinforced by comparing them to the beliefs of members of society, namely myself, regarding to modern law. To investigate the premise of Christie’s viewpoints, the article’s main ideas will be discussed, …show more content…
In the interest of solving a problem efficiently, the jurors who determine the outcome of a conflict should be limited to only the individuals directly involved. Lawyers typically tend to take control of criminal scenarios which is reinforced by ‘leaving it to the professionals’, a view in which I contest. Christie describes the lawyers as “professional thieves” While considering the professionalism and experience of lawyers, lawyers would better serve the people is they obtained from ignoring their own clientele’s voices. In relation to modern law, the cases transitions over time to disregard the presence of one of the parties, the defendant or the victim, in favour of involving the state. I agree with Christie’s statement because the role of the law is settle disputes. The lawyers are defending or prosecuting the individuals involved in the case through advising and explanations. Through this process, the victim’s do not get to express their opinions in court unless they are on the stand testifying. Proactively, the lawyers take the conflict into their hands as they solve the conflict for the individual. I wholeheartedly agree with Christie’s points related to modern law and believe that he emphasis the same beliefs as me regarding conflict
In 1977, Nils Christie wrote the essay, “Conflicts as Properties”, in which he discusses the four problems that occur within the western legal system. The four problems that affect the legal system in four ways is that the courts are always located in areas that people may not have easy access to locate, the courthouses are challenging to find your way around, the parties are irrelevant to much of the proceedings and the proceedings makes conflicts between the actual parties involved turn into conflicts between the State and the parties 2.
Anger creates discourses that can prevent dialogues of mutual understanding which is the main goal of reconciliation. Furthermore, Coulthard acknowledges the problems that arise as a result of a discourse based upon anger. He utilizes Nietzsche and Brudholm work on the significance of anger to prove this through the genealogy of anger and an irrational preoccupation with the past. I agree with Coulthard’s assessment of their work, however, he justifies the utilization of violence for the creation“alternative subjectivities and decolonial practices.” If anger is utilized as the framework for reconciliation, it creates the justification of political violence and the internalization of individual’s oppression. Coulthard specifically argues that politicized anger can be utilized transformatively under certain conditions, it creates a dynamic in which Indigenous identity can be defined as an Otherness in relation to the anger. As a result, the utilization of anger as a framework can lead to a shift in Indigenous identity but can also be harmful to public perception that impacts reconciliatory practices. Furthemore, if anger is utilized as the main form of discourse, it prevents the achievement of the objectives of reconciliation because it does not embody “mutual recognition and
The book displays two social concepts, conflict theory and structural-functionalism. Conflict theory is defined as “a theory propounded by Karl Marx that claims society is in a state of perpetual conflict due to competition
In Nils Christie’s “Conflicts as Property”, Christie develops an argument in which depicts the concept of perceiving conflict as property and the measure that it impacts individuals and the legal system. This summary will further examine and comply with Christie’s perception, that conflict can be seen as property. In order to examine the argument and perspective of the author, understanding his implementation is of great importance. The ways in which professionals in the area of law can be perceived as “professional thieves”, and the example of laws pertaining to domestic violence, will be further discussed to validate the key concept of conflict as property. In summary; Christie believes that conflict is adverse to growth of the society
A jury is a panel of citizens, selected randomly from the electoral role, whose job it is to determine guilt or innocence based on the evidence presented. The Jury Act 1977 (NSW) stipulates the purpose of juries and some of the legal aspects, such as verdicts and the right of the defence and prosecution to challenge jurors. The jury system is able to reflect the moral and ethical standards of society as members of the community ultimately decide whether the person is guilty or innocent. The creation of the Jury Amendment Act 2006 (NSW) enabled the criminal trial process to better represent the standards of society as it allowed majority verdicts of 11-1 or 10-2, which also allowed the courts to be more resource efficient. Majority verdicts still ensure that a just outcome is reached as they are only used if there is a hung jury and there has been considerable deliberation. However, the role of the media is often criticized in relation to ensuring that the jurors remain unbiased as highlighted in the media article “Independent Juries” (SMH, 2001), and the wide reporting of R v Gittany 2013 supports the arguments raised in the media article. Hence, the jury system is moderately effective in reflecting the moral and ethical standards of society, as it resource efficient and achieves just outcomes, but the influence of the media reduces the effectiveness.
By definition, conflict theory basically sees the society as a pitch in which inequality thrives in order to generate conflict and change. For instance, this theory emphasizes on the purpose of coercion in generating a social order that’s often ch...
The way someone manages a difference can make conflict turn into a sphere of harm or a sphere of value. The sphere of harm is when differences are managed in destructive and damaging ways. Littlejohn states (2014) states, “Conflicts are managed so badly that damage is done to people, relationships, and, indeed, entire social worlds” (p. 188). If a party were to react to an indifference by using physical or verbal violence the conflict would move into the sphere of harm. On the other hand, the sphere of value is when differences are significant, but not controversial. Instead, parties value the difference, appreciate it and view it as a positive asset. The goal of conflict is to move from the sphere of harm to the sphere of
Conflict theory is recognized as the inequalities within capitalist society. Having resources such as money, power, material items and certain social relationships can improve an individual’s chance of excelling in society and determines where they are placed in the social hierarchy. By holding a relatively high position in the social hierarchy, it becomes much easier to move progress upwards. An individual’s position within the hierarchy was originally defined by Karl Marx.
Pruitt, Dean G, and Sung Hee Kim. Social Conflict: Escalation, Stalemate, and Settlement. 3rd ed. 2004. New York: McGraw-Hill Higher Education, 2004.
The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.
“Witness for the Prosecution” superbly demonstrated a realist view of the operating procedures in a courtroom. The actors within the courtroom were easy to identify, and the steps transitioned smoothly from the arrest to the reading of the verdict. The murder trial of Leonard Vole provided realistic insight into how laws on the books are used in courtroom proceedings. With the inferior elements noted, the superior element of the court system in “Witness for the Prosecution” was the use of the adversary system. Both sides of the adversary system were flawlessly protrayed when the prosecution and defense squared off in the courtroom.
Carl and Belanger (2012) state that “conflict theory is a theoretical framework that defines society as a system of interrelated parts.” (pg. 8) Conflict theorists believe that we live in a world where there is not enough resources to go around and people who...
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
In the conflict theory, power is at the center of all social relationships. When a person obtains power in a social area, it is natural for this person to attempt to expand the influence that they have to other social areas. This level of influence and power only falls in the hands of a few people. As a result, society ranks people by status and level of authority. In order for these select few to remain in power, they must legitimize their power and conceal the full extent of their power. They do this by implementing an ideology. The ideology must bring forth a set of values to the people. It must explain the state of the world, and it must justify both the current positioning of power and the few individuals that hold this power. Other approaches, such as functionalism, talk about society in a positive light and support the status quo. However, the conflict theory attempts to focus on the discord that is within society. The focus lies on the unequal distribution of power and resources in society.
‘A dispute is a problem to be solved, together, rather than a combat to be won.’