Democracy and Sociology of Law
Convenor
Kyungmin Baek (Soongsil University, South Korea)
kbaek37@ssu.ac.kr
In every society, the ideal of Democracy has not been forgotten for a long time even though there are clear discontent and limitations about that. In this proposal, Democracy and the Sociology of Law in the United States as well as in Korea, and “Systems Theory, Democracy and Legal States in Asia” will be examined.
Mathieu Deflem can speak on issues of democracy from the viewpoint of the sociology of law in a number of ways. Currently, Mathieu Deflem is editing a book on Democracy, Governance, and Law. Deflem noted that there is much legal activity going on these days, in the US and elsewhere, about the role of law in democracy, but the topic of democracy in the sociology of law is not always central. Deflem also has done research recently on law and values in non-democratic societies as compared to democratic states. Finally, Deflem is doing research again on Israel, which is sadly very much in focus today and will speak on that.
Kyung-min Baek and Jin-Sook Yun will speak on Democracy and Sociology of Law in Korea. They will examine the issue of Equal Treatment in Decision-Making, Geographic Centralization and Elite Structures, Heuristics in Korean Party Competition, Policy Confrontation and Informed Voting, and Societal Elements for the Rule of Law. According to the Korean constitution, all members should be treated as equally qualified to participate in making decisions about the association’s policies. However, geographic centralization and overlapping elite structures contribute to increased centralization. Heuristics in Korean Party Competition demonstrates that Korean voters form heuristics based on party structure (e.g., leftist vs. rightist, regional affiliations, skills). Thus, transforming these insubstantial heuristics into ones reflecting policy differences is essential. For democracy in Korea, clear policy confrontation reduces the cost of collecting information on party positions. Also, effective voter judgment motivates politicians to fulfill their roles. Concerning the rule of law, the argument that societies lacking formal legality, democracy, and individual rights cannot fully uphold the rule of law is noteworthy.