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Dominant group/Law

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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.

Dominant group

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Main resource: Dominant group
  • Accident hypothesis: dominant group is an accident of whatever processes are operating.
Main resource: Dominant group/Accident laboratory
  • Artifact hypothesis: dominant group may be an artifact of human endeavor or may have preceded humanity.
Main resource: Dominant group/Artifact laboratory
  • Association hypothesis: dominant group is associated in some way with the original research.
Main resource: Dominant group/Association laboratory
  • Bad group hypothesis: dominant group is the group that engages in discrimination, abuse, punishment, and additional criminal activity against other groups. It often has an unfair advantage and uses it to express monopolistic practices.
Main resource: Dominant group/Bad group laboratory
  • Control group hypothesis: there is a control group that can be used to study dominant group.
Main resource: Dominant group/Control group laboratory
  • Entity hypothesis: dominant group is an entity within each field where a primary author of original research uses the term.
Main resource: Dominant group/Entity laboratory
  • Evolution hypothesis: dominant group is a product of evolutionary processes, such groups are the evolutionary process, produce evolutionary processes, or are independent of evolutionary processes.
Main resources: Dominant group/Evolution laboratory and Evolution
  • Identifier hypothesis: dominant group is an identifier used by primary source authors of original research to identify an observation in the process of analysis.
Main resource: Dominant group/Identifier laboratory
  • Importance hypothesis: dominant group signifies original research results that usually need to be explained by theory and interpretation of experiments.
Main resource: Dominant group/Importance laboratory
  • Indicator hypothesis: dominant group may be an indicator of something as yet not understood by the primary author of original research.
Main resource: Dominant group/Indicator laboratory
  • Influence hypothesis: dominant group is included in a primary source article containing original research to indicate influence or an influential phenomenon.
Main resource: Dominant group/Influence laboratory
  • Interest hypothesis: dominant group is a theoretical entity used by scholarly authors of primary sources for phenomena of interest.
Main resource: Dominant group/Points of interest laboratory
  • Metadefinition hypothesis: all uses of dominant group by all primary source authors of original research are included in the metadefinition for dominant group.
Main resource: Dominant group/Metadefinition laboratory
  • Null hypothesis: there is no significant or special meaning of dominant group in any sentence or figure caption in any refereed journal article.
Main resources: Dominant group/Null hypothesis laboratory and Null hypothesis
  • Object hypothesis: dominant group is an object within each field where a primary author of original research uses the term.
Main resource: Dominant group/Object laboratory
  • Obvious hypothesis: the only meaning of dominant group is the one found in Mosby's Medical Dictionary.
Main resource: Dominant group/Obvious laboratory
  • Original research hypothesis: dominant group is included in a primary source article by the author to indicate that the article contains original research.
Main resource: Dominant group/Original research laboratory
  • Primordial hypothesis: dominant group is a primordial concept inherent to humans such that every language or other form of communication no matter how old or whether extinct, on the verge of extinction, or not, has at least a synonym for dominant group.
Main resource: Dominant group/Primordial laboratory
  • Purpose hypothesis: dominant group is written into articles by authors for a purpose.
Main resource: Dominant group/Purpose laboratory
  • Regional hypothesis: dominant group, when it occurs, is only a manifestation of the limitations within a region. Variation of those limitations may result in the loss of a dominant group with the eventual appearance of a new one or none at all.
Main resource: Dominant group/Regional laboratory
  • Source hypothesis: dominant group is a source within each field where a primary author of original research uses the term.
Main resource: Dominant group/Source laboratory
  • Term hypothesis: dominant group is a significant term that may require a 'rigorous definition' or application and verification of an empirical definition.
Main resource: Dominant group/Term laboratory

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

Laws

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"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."[3]

"Implicit in such references is a silent "we" which carries the appearance of objectivity but actually presumes a dominant group perspective."[4]

Differences

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"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?"[5]

Law professors

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"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."[6]

"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."[7]

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"[I]nterest group pluralism replaced legal pluralism as the dominant group theory."[8]

Dominances

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"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."[9]

Rights

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"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."[10]

Hypotheses

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Main resource: Hypotheses
  1. A dominant group makes the laws to maintain their dominance.

See also

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References

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  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. ↑ 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. 
  4. ↑ 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. 
  5. ↑ 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. 
  6. ↑ 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. 
  7. ↑ 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. 
  8. ↑ 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. 
  9. ↑ 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. 
  10. ↑ 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. 
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