Sheehan detained for wearing antiwar t-shirt to State of the Union Should she be allowed to break Should she be allowed to break

the “law?”the “law?” What would a Functionalist say What would a Functionalist say

about such an action?about such an action? What about a Conflict What about a Conflict

Perspectivist?Perspectivist?

Social Order vs. Social JusticeSocial Order vs. Social Justice What is more important - order or fairness?What is more important - order or fairness? Are we not more obligated to achieve justice than Are we not more obligated to achieve justice than

to obey the law? (109)to obey the law? (109) Rule of Law vs. Rule of Men?Rule of Law vs. Rule of Men?

If rule of law – no one is above the law?If rule of law – no one is above the law? Natural Law - content is set by natureNatural Law - content is set by nature

has validity everywhere.has validity everywhere. If rule of men – laws created by people that change If rule of men – laws created by people that change

with the times and valueswith the times and values Code of HammurabiCode of Hammurabi The Twelve Tables of Rome – 449 BCThe Twelve Tables of Rome – 449 BC Magna Carta – 1215 ADMagna Carta – 1215 AD

Max Weber - RationalizationMax Weber - Rationalization Is this a good thing or a bad thing???Is this a good thing or a bad thing???

Functionalist and LawFunctionalist and Law

Functionalism - we generally share Functionalism - we generally share valuesvalues Disunity and chaos will always return to Disunity and chaos will always return to

normalcynormalcy Everything has a purposeEverything has a purpose

The laws that exist do so because of The laws that exist do so because of these fundamental reasonsthese fundamental reasons

Conflict Perspective and LawConflict Perspective and Law

CP – those in power make the rules CP – those in power make the rules to benefit and protect their powerto benefit and protect their power The laws are not written with justice in The laws are not written with justice in

mind but with maintaining controlmind but with maintaining control Law and orderLaw and order – do they have to be – do they have to be

the samethe same

Obligation to the StateObligation to the State

Why does Socrates (Plato) believe we Why does Socrates (Plato) believe we need to accept the punishment given need to accept the punishment given out by a system that he spent his life out by a system that he spent his life challenging?challenging?

Love it or leave it!!!!Love it or leave it!!!! Do we have a sense of obligation to Do we have a sense of obligation to

those in power?those in power? Stanley MilgramStanley Milgram

Sixty percentSixty percent of the "teachers" obeyed orders to of the "teachers" obeyed orders to punish the learner to the very end of the 450-volt punish the learner to the very end of the 450-volt scale!scale!

No subject stopped before reaching 300 volts!No subject stopped before reaching 300 volts!

1. Please continue. 2. The experiment requires you to

continue, please go on. 3. It is essential that you continue. 4. You have no choice, you must

continue.

"While I was a subject [participant] in 1964, though I "While I was a subject [participant] in 1964, though I believed that I was hurting someone, I was totally unaware believed that I was hurting someone, I was totally unaware of why I was doing so. Few people ever realize when they of why I was doing so. Few people ever realize when they

are acting according to their own beliefs and when they are are acting according to their own beliefs and when they are meekly submitting to authority. ... To permit myself to be meekly submitting to authority. ... To permit myself to be

drafted with the understanding that I am submitting to drafted with the understanding that I am submitting to authority's demand to do something very wrong would authority's demand to do something very wrong would

make me frightened of myself. ... I am fully prepared to go make me frightened of myself. ... I am fully prepared to go to jail if I am not granted to jail if I am not granted Conscientious Objector status. status. Indeed, it is the only course I could take to be faithful to Indeed, it is the only course I could take to be faithful to

what I believe. My only hope is that members of my board what I believe. My only hope is that members of my board act equally according to their conscience..."act equally according to their conscience..."

Letter to Milgram (during Vietnam War)Letter to Milgram (during Vietnam War)

Zinn’s Fundamental QuestionZinn’s Fundamental Question

Can a decent society exist if people Can a decent society exist if people humbly obey all laws, even those that humbly obey all laws, even those that

violate human rights? And when unjust violate human rights? And when unjust laws and unjust policies become the rule, laws and unjust policies become the rule,

should not the state “be overthrown”? should not the state “be overthrown”? (122)(122)

““Protest beyond the law is not a departure Protest beyond the law is not a departure from democracy; it is absolutely from democracy; it is absolutely essential to it” (123) – Agree or essential to it” (123) – Agree or

Disagree???Disagree???

What does it mean to be What does it mean to be patriotic?patriotic?

““The men who fought in that war carried the The men who fought in that war carried the burden of being an American citizen. When burden of being an American citizen. When they were sent to war, they fought. I carried they were sent to war, they fought. I carried the burden, not at all comparable, of being the burden, not at all comparable, of being an American citizen by opposing that war. an American citizen by opposing that war. But we were both doing our duty."But we were both doing our duty."