The Study On Black’s Theory Of Conflicts And Social Structure

Toward a new areas of academic study, Black’s theory of social conflictsfocuses on the response to deviant behavior, thus covering varies aspects of sociallife. The new paradigm, first proposed in “The Behavior of Law” in1976, wasadopted by Black to explain the meaning and settlement of conflicts. This paradigmis called geometry because it associates quantity and styles of law with the socialstructure. In Black’s view, social structure includes social stratification, morphology,culture, organization and normative space, either of them has an impact on thebehavior of law. So, the variations of law can be deduced by the social structure ofcase. In Black’s “The Social Structure of Right and Wrong”. This paradigm wasretained to analyze the relativity between social structure and social conflicts.As the theme in Black’s theory, social control is considered as a dependentvariable and it varies with social diversity. The settlement of conflicts also varieswith variation of social space. To discuss this relevance, Black puts forward fiveexamples of settlement, they are self-help, avoidance, negotiation, mediation andtoleration. On the other hand, the function of third-party occupies an importantposition in the Black’s theory. For a long time, the third-party’s enormous Impact onconflict resolution is not taken seriously by sociologists. Black considers this impactcomes from the location of the third-party in society, and he puts forwards furtherthat the role of third-party rests with relational distance. Furtherly, Black accounts for how conflict resolution varies with third-party. In his opinion, third party nevermaintains neutrality between parties. They tend to consciously or unconsciouslystand by on a certain side. Black calls such tendentiousness partisanship andmoralism. The operation of partisanship is similar to gravity principle， on thecontrary, the operation of moralism is similar to gravity rejection. In the last, Blackputs out that judges also shows a tendency to partisanship in adjudication.Generally, Black develops his theories of behavior of law to the extent of socialconflict. He discards those past method that based on the analysis of value, function,benefit and rules, so his theory was called pure sociology.