Questions for Black, D. (1993) The Social Structure of Right and Wrong. New York: Academic Press.

159 - 164 - read this closely - he summarizes his entire earlier book, "The Behavior of Law." READ THIS SECTION FIRST!

Ch 1.

  1. "The more we study law, indeed, the more we realize how little people actually use it to handle their conflicts. What, beyond law, constitutes the larger universe of social control?" (2) Your answers?
  2. On pp. 2-3 and on pp. 10-11 he summarizes his earlier book about the behavior of law. Please read that material closely. What does he mean by location and direction in social space?
  3.  What are the threads in the definition of social control? Can you gauge the boundaries of social control - what interactions are outside of this?
  4. What are the two principal forms of social control?
  5. What are the four styles of social control? Give examples of each. What are the main differences between each type?
  6. What does he mean by "quantity" of law?
  7. He introduces the idea of violence as self help. Reactions? In what ways does this work? Or not?
  8. "Normative variation [in social control] is a function of social diversity." (11-12 - see also p. 13 about agents). What does this say about the existence of discretion in response to law breaking?
  9. He argues that there is more discretion the more social control applied - reactions?
  10. How does relational structure link to the type of settlement behavior?

Chapter 2

  1. "Crime is moralistic and involves the pursuit of justice" (27) - Reactions?
  2. What is your main "take away" lesson from his discussion of cross-cultural examples of both violence and property destruction as examples of social control?
  3. Can all homicides be understood as self help? Just some? If so, which ones?
  4. Can all assaults be understood as self help? Just some? If so, which ones?
  5. " Can all robberies ... ?
  6. Do you think crime itself is deterred by self help? (38).
  7. What does it mean to say crimes have a "normative character?"
  8. Why is American society so violent (39) according to Black? Why is there so much self help? (41)

Chapter 3

  1. What is compensation?
  2. Black argues that styles of social control are not "inherently associated" with particular grievances. Reaction?
  3. What are upward and downward grievances? How are they handled differently?
  4. He argues there is an increasing tendency to hold organizations liable, and an increasing tendency to seek compensation from organizations (e.g., the 9/11 victim compensation fund).
  5. Does this reflect a "historical shift" in where the "responsibility for misfortune" is placed?