William J. Chambliss

CONTRADICTIONS AND CONFLICTS IN LAW CREATION

I.   CHAMBLISS NOTES THAT THERE EXIST MANY LAWS

     STATUTORY
     CASE
     ADMINISTRATIVE
     ETC.

TO CREATE A THEORY TO EXPLAIN ALL OF THESE LAWS IS PROBABLY NOT
POSSIBLE

     DON'T LOOK AT LAWS THAT TINKER, MOST OF THESE ARE FINE TUNING

INSTEAD LOOK AT LAWS THAT ARE:

1. NEW APPROACH TO PROBLEMS

2.   "BASIC REVISION OF THE EXISTING RELATIONSHIPS BETWEEN STATE,
     POLITY, GOVERNMENT, AND BASIC INSTITUTIONS"

3. INNOVATION IN LEGAL CONSTRUCTS
     E.G. CHILDREN'S RIGHTS

II.  EXPLAINING LAW CREATION

1. IDEOLOGICAL APPROACHES -   CULTURE, OR CONSENSUS

2. MATERIALIST CONCEPTIONS

BOTH APPROACHES HAVE PROBLEMS

III. THIRD APPROACH
CONTRADICTIONS AND RESOLUTIONS

EACH PERIOD OF TIME HAS ITS OWN CONFLICTS AND DILEMMAS
STEMMING FROM ECONOMIC AND POLITICAL STRUCTURES

WORKING OUT OF LOGIC OF SYSTEM MUST DESTROY SOME ASPECT OF SOCIAL RELATIONS

"THIS CONTRADICTION OF CAPITALISM [BETWEEN WORKERS AND CAPITALISTS]
PRODUCES A WIDE RANGE OF DILEMMAS AND CONFLICTS.  THE ATTEMPT BY
WORKERS TO ORGANIZE AND DEMAND HIGHER WAGES, BETTER WORKING
CONDITIONS, TENURE OF EMPLOYMENT, ETC., IS A RESULT OF THE BASIC
CONTRADICTION."

ATTEMPTS TO RESIST BY OWNERS LEADS TO CONFLICTS AND DILEMMAS

DILEMMAS ARE HOW TO RESOLVE CONFLICT    

FOCUS IS ALWAYS ON DILEMMAS AS ATTEMPT TO SETTLE CONFLICT NOT
CONTRADICTIONS

EVEN AFTER RESOLUTION, MORE CONFLICTS ARE PRODUCED

PROFITS AND MARKETS

LOW WAGES LEADS TO HIGH SHORT TERM PROFITS, BUT WORKERS CAN'T BUY;
RESULT - DECLINING PROFITS

HIGH WAGES LEADS TO MORE DEMAND FOR PRODUCTS BUT LOW PROFITS

ONE SOLUTION WAS COLONIZATION

WAGE WORK SEEMED SILLY TO MOST 

HOW DO YOU GET FOLKS TO WORK?

HUGH PLANTATIONS
     POLL TAX AND 
     ALL PEOPLE NEED TO REGISTER WITH GOVERNMENT

FAILURE TO PAY OR REGISTER WAS CRIMINAL OFFENCE

SOURCE OF MONEY TO PAY TAX 
     WORK ON PLANTATION

WAY TO PAY FINES
      WORK ON PLANTATIONS

LABOR WORKED LONG ENOUGH TO PAY TAX AND FINES THEN LEFT

CROPS NEEDED TO BE HARVESTED

HOW TO SOLVE THIS DILEMMA?

FORCES ALL WORKERS TO SIGN CONTRACT

BREAKING CONTRACT WAS PUNISHABLE BY FINES, IMPRISONMENT, ETC.

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jhamlin@mail.d.umn.edu