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THE SOCIAL CONTROL AND THE LAW

100%

Urbanova M.

Sociológia (Sociology)

2005

vol. 37

issue 1

9-32

The article deals with social control and law understood as a means of social control. Having defined the concept of social control, which is very close to the English term 'control', meaning power, controlling and checking behaviour of a group members, the attention is paid to the main means of social control. A universal means of social control is understood to be socialisation. In the area of law it is legal socialisation, which is linked to the establishment of legal consciousness. The whole area of social control can be seen as a relation between an individual and society, the extent of the respect towards a given social order on one side and the extent of power - the enforcement of norms of behaviour on the other side. Social control is a way, which society uses to influence the behaviour of members of society, or a given social group. Law is only one of possible ways of social control, used in particular when other forms are inefficient or inaccessible. Facing the increase of crime, terrorism and violence in the world, feared loss of trust and limitations to the quality of life, discussions are being held about the need to intensify control. The main trends of post-modern control include high tech controlling rituals as parts of everyday life. The article also describes the policies of social control and law as tools of social control. It explains the importance and changes of social control in a traditional, modern and post-modern society. An attention is also paid to changes in the area of social control, to the transition from panopticon to synopticon, from a literary analogy of Orwell's '1984' to Huxley's 'End of Civilization' and Kawka's 'Trial' as an additional source of inspiration.

THE CRISIS OF SOCIAL CONFIDENCE TOWARD COURTS

75%

Daniel K.

Studia Socjologiczne

2007

issue 2(185)

61-82

One of the most striking changes we have already observed in the Polish society is a rapid decrease of social confidence toward courts and judges. As some studies have revealed, society under communism and during the first decade after its collapse had a rather positive attitude toward courts. That attitude towards judicial practice became increasingly critical at the end of nineties when the percentage of positive opinions of judicial decisions dropped to the level below 60%. A 2000 study carried out on a national sample by a group of scholars from the Department of the Sociology of Law of the Jagiellonian University indicated that only 29% of Poles positively evaluated decisions in civil courts and only 24% of them thought that sentences in criminal courts were fair. The respondents indicated the following as most significant reasons for injustice in courts: corruption (involving judges, prosecutors, solicitors in particular as well as court officials), bad, unfair law, distressing delay in adjudication and political preassure exerted on judges. The explanation of this apparent paradox - little social confidence in court and judges in the democratic Poland - lies probably not so much in the individual experience with courts but is created by the way in which media present courts and judges, very often concentrating on the negative aspects of their activity. According to majority of judges who took part in the study of 2000, journalists who work as intermediaries between the court and society are often unwilling to present objective or positive aspects of court activity. It should be noted that such, not always just, criticism can undermine the social confidence toward administration of justice and thus to the whole social order.

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THE SOCIAL CONTROL AND THE LAW

THE CRISIS OF SOCIAL CONFIDENCE TOWARD COURTS