Thursday, February 4, 2016

HISTORY OF SOCIOLOGICAL THOUGHT

Ibrahim Sa'adu a.k.a gco (B Sc. Sociology)
 
STRUCTURAL FUNCTIONALISM
There are diverse sociological theories- Therefore, we as sociologists should endeavor to note that most of such theories approach the analysis of social problem from the structural base. This is not only unique to Sociology but to other social science disciplines. In the discussion of today, we would restrict our examination of different theories in sociology to that of Functionalist contribution to sociological thought This theory aligns perfectly with the consensus school with the background notion that shared norms and values are essential for social continuity, order is founded on collective agreement and that social change is slow and orderly,

Biological Root of Functionalism
·        The fundamental argument of functionalist school revolves around the organismic analysis of human social structure. This it took after the biological discipline. This approach attempt for instance In Biology to know:
·        How human body worked. Examination of part in relation to other parts,
·        The notion the all parts are important as they jointly maintain the organism.

Functionalist adaptation of Biological Principle
·        Theorists in this school strongly believe that societal parts are interrelated and none can function in isolation of the other. All parts joined together to form an organic whole. Any examination of any of the parts is expected to be done by evaluating its function in relation to its contribution as they jointly function to maintain the whole society

TALCOTT PARSONS FOUR FUNCTIONAL IMPERATIVES OF A SYSTEM (A.G.I.L)
Parson argues that there are 4 functional imperatives that are necessary characteristics of all existing systems
·        Adaptation: Capability to respond to external exigencies. There must be a perfect adaptation to the environment and the adaptation of the environment to its needs.
·        Goal Attainment: A system must define and achieve its primary goals.
·        Integration: Ability to regulate interconnected ness of its component parts.
·        Latency (pattern maintenance): Ability to furnish, maintain and renew both the motivation of individual and the cultural pattern that create and sustain the motivation.

Basic Philosophy/Assumption of Functionalism
·        Functionalists are interested in explaining the origin and maintenance of order and stability in the society. Human behaviour, conduct and interrelationship are believed to be structured. There exists an orderly pattern (organized) located in societal rules. The importance of social values lies in the provision of blue print or guideline for behaviour. Human social structure constitutes the aggregate of normative behaviour or the totality of social relationship governed by norms. Human society is made up of parts embodied in internalized roles and which function in unism to sustain the society.
·        Each of the component part of human society functions to maintain the whole. The societies have certain basic needs to guarantee survival. These include land, shelter, socialization etc. Societal parts are to work in harmony or compatible towards sustaining the society-integration. This can only be made possible through value consensus.
·        Functionalist scholars believe that certain degree of order and stability is essential for the survival of the social systems. Shared values are seen to be responsible for orderliness. It integrates social parts, promotes unity and social solidarity and creates foundation for cooperation among diverse interest. There is the ascendancy of collective interest over above individuals' interest so there can be no injurious conflict capable of destabilizing the entire super structure. There is benefit in peaceful co-existence of the functional groups-

Criticism
The criticism against functionalism came to its peak in the 1960's and 1970's. The most germane is the conservative posture displayed by the doctrinal value of the theory, it promote the hegemony of American society over the rest of the world. This is closely tied to the notion that "the every pattern has consequences which contribute to the preservation and survival of the larger system." This according to Huaco, 1986 is "nothing less than a celebration of the United States and its World hegemony. Second, it preaches equilibrium and converting a position of no necessity for change so as to further promote the interest of the United States. It sees conflict as being the offshoot of temporary disturbance among the interrelated parts. In short the decline in the relevance of America in the world order concomitantly spelt the doom of functionalism.



MARXISM AND SOCIOLOGICAL THEORIZING
This represents a radical approach to the known postulations of the functionalist school of thought. Marx wrote to explain the nature and form of modern society. This body of idea grew about the time when the popularity of functionalist paradigm began to wane. This idea constitutes the basis upon which many political movements and governments in 20th century. The conflict perspective focuses on the negative, conflicted, and everchanging nature of society. It believes that human society is made up of conflicting interests.
Conflict around the system of production, and especially in relations of production between workers and owners were seen by Marx as the essential factor of modern society. Unlike functionalists who defend the status quo, avoid social change, and believe people cooperate to effect social order, conflict theorists challenge the status quo, encourage social revolution (even when this means social revolution), and believe rich and powerful people force social order on the poor and the weak.

Marx Basic Argument
·                    This conception is often described as materialist conception of history. Marx developed the theory of class conflict which is the driving force of history. Marx position developed in a counter reaction to idealism. This grand theory has formed the basis of many other research studies and theoretical development in Sociology and the social sciences. The basic need of life is to survive. In their socio-material life, man enters into an agreement with significant others. The relationship guaranty's the production of material life. This involves technical component known as forces of production—land, technology, scientific know how, resources, machinery, tools, intellectual knowledge etc.
·                    Across diverse ages, there is affinity between the forces of production in existence and the types of attendant relationships made." possible and enforced by man. The combination of the two is what Marx referred to as the economic base or infrastructure of human society. The second aspect of human society is what he called the superstructure consistently shaped by the infrastructure. All other institutions are directed and controlled by the economic structure which assumes the status of the infrastructure in Marx theoretical analysis. Any change in the Infrastructure automatically instigates a corresponding change in the superstructure



HISTORICAL MATERIALISM—MARX THEORY OF SOCIAL CHANGE, HISTORY OF HISTORIC DEVELOPMENT
·        In Marx view on economic transition, all epochal succession is embedded by its destructive worm called contradictions which make them unable to survive for a long period of time. Major changes in history are the result of new forces of production. The emergence of each mode ushers in its unique contradiction. The growth of new forces of production produces an inherent destructive force against the existing mode thereby replacing the existing relations of production. Of all historical periods, the economic arrangement of pre-historic era possessed insulation against economic contradiction— primitive communism.
Other mode is characterized by divisive potential of class related struggles—ancient, feudal capitalism and communism,
·        Primitive communism: This is characterized by small scale human group with no developed system of property ownership. All properties are communally owned with no class division.
·        Ancient mode: This is characterized by increased production mixed with some private property ownership including slavery such as ancient Greek and Rome,
·        Feudalism: A society characterized by settled agriculture and feudal property relation. There exists a class division between landowners and landlesspeasantsand tenant farmers who were forced to work for the land owners in order to survive.
·        Capitalism: Characterized by investment in workshops and manufacturing in the 16th century and by 1789 it has grown to a recordable revolutionary force. Class antagonism became intensified and simplified with society splitting into two great camps—the property owners and workers.

The contradiction lies in the exploitation of one-class by the other—Serfs based on traditional ties (lords/peasants), employer based on wage labour (employees). Contradiction according to Cuff et al, 1990 involves that which necessitates conflict of interest and it includes:
·        The exploitation of many people by few—due lo evil nature,
·        Tension, strain and contradiction between different social groups—polarization, homogenization and pauperization-
·        The centrality of drastic change via some form of social revolution engineered by collective consciousness,
Class and social class struggle then takes a center stage in Marx analysis of society. This represents -a clear cut conflict of interest that must be resolved to keep the system alive. The conflict of interest rest in the forces of production and relations of production—entered into to participate in the processes of production; the relations between the employers and the employees on one hand and that of social groups to the means and forces of production. These are not without right, privileges, duties and obligations.

Means of production involves part of forces that can be legally owned but labour not inclusive. There is independent of workers selling their labour in a contradistinction to what was in effect in the feudal society which is hierarchical and reciprocal in nature.

THE CENTRALITY OF CONFLICT
Human labour create wealth and this is expropriated in form of profits by the capitalists—bourgeoisie. There exists a discrepancy between the total wealth generated by labour and what is parted as rewards for labour—wages. Conflict lies in private ownership and expropriation of surplus value by the capitalism who owns only the forces of production with access to the gains of production. By this Marx referred to capitalism as a tool of exploitation and oppression of workers and which will eventually destroy itself.

The development of Communism or socialism marks the final epoch of history and the abinger of resolution of conflicts inherent in capitalism. Capitalism is compulsory stage that will usher in communism. Collective ownership will be in force and wealth sharing will eradicate the exploitative tendency in man; then contradiction bye-bye and conflict gone forever.

IDEOLOGICAL INHIBITION AND FALSE CONSCIOUSNESS
·        The superstructure in all known society is shaped by the infrastructure. Relation of production is reflected and reproduced in the various institutions, values and beliefs that make up the superstructure. These collectively produce the domination and subordination of the oppressed class, Monopolization of politics, law, and ideological apparatus of the society becomes the exclusives of the dominant group—capitalist. Religious beliefs and other values reflect and legitimize the relation of production.
·        The capitalist produce the dominant ideas and these justify their power and privilege and present them innocent or shield them from probable wrath of the oppressed class, in an age when absolute monarchs reigned, it is not surprising that the dominant ideas Suggested that kings and queens had a divine right from God to rule. In our own age of free market capitalism, it is again unsurprising that the dominant ideas are those of sovereign individuals who make free choices. The idea in this context represents the ruling class ideology which is a distortion of reality or paints a false picture of society.
·        Oppression is disguised under the principle or illusion of equality and freedom driving capitalism. These are operated to further the exploitative interest of the owners of the means of production. Exploitative situations are viewed as normal, natural, right and proper thus translating worker into the realm of false consciousness. This will slow down the detection of contradictions but Marx believes that this will eventually be overcome.
·        This realization transforms workers from being "workers in itself" to "worker for itself." It is in this liberated communist society could human fulfill their potential for creativity in societies where one class dominates the rest it is impossible.

EVALUATION
It gave s new insight into the area of conflict and 'the inherent disadvantage of capitalism- Modern economic development in all its ramifications came into existence through unequal social relation driven by conflict rather than agreement of the classes. Marx theory helps situate historical evidence into common framework for easier comprehension. It has been made amenable to expansion, refineationand criticism.

Marx theory as any other grand theory cannot be subjected to empirical testing. The theory's central prescriptions has been misguided—a simple collapse of the Soviet republics which represents a socialist enclave attested to the fact that the intentions of Marx has been thwarted by the operators of communism. Finally, capitalism in modern day has taken a different turn from what it used [o b-e in the time of Marx.



EMILE DURKHEIM (Social Facts)
What is Social Fact? – Summary and review
Emile Durkheim's ground breaking article "What is Social Fact?" is one of the better known articulations of the "building blocks" of functionalist and structuralism sociology. Durkheim defines social facts as predominantly "things", that is real agents, that should be at the focal point of the study of society. For Durkheim social facts are everything of social or cultural nature which works to determine an individual's life. Social facts can be social norms, values, conventions, rules and other social structures.
Social facts may be material or nonmaterial: Material includes: technology, housing arrangements, population distribution, etc. WHILE Nonmaterial: norms, values, roles (ways of acting, thinking and feeling), systems (language, currency, professional practices)
Social facts according to Durkheim exist outside and regardless of the individual who only works to sustain them by yielding to their power on him (similar to Durkheim's Totemic Principle). This means that social facts are external to us, and they are acquired through society of coerced by it. Deviation from social facts can result in various types of sanctions. They function as "sui generis" generals, meaning ideas that are independent of their actual private cases.
At the basis of the thesis Durkheim set forth in "What is Social Fact?" lies the perception of the individual grossly conditioned by social realities that form the boundaries of accepted behavior.
Social facts are quite simply the things that you like brushing your teeth, voting, shopping, going to church, paying taxes, yielding to pedestrians and so on and so forth. None of these things are done on your account, they are done because they are social facts that must be abided and therefore have real power over you. The way we manage our lives according to Durkheim is "What is Social Fact?" is always related to the workings of elaborate networks of social facts.
Durkheim gives the example of suicide rates, found to be higher with protestant communities compares with catholic ones. The fact that denomination had to do with suicide was proof for Durkheim to the function of social facts because it demonstrated how even taking your own life dependant on society rather than individual choice.  
Social fact is a term created by Emile Durkheim to indicate social patterns that are external to individuals. Things such as customs and social values exist outside individuals, whereas psychological drives and motivation exist inside individuals. Social facts, therefore, are not to be explained by biology or psychology, but instead by society.
SOCIOLOGY OF MAX WEBER (Social Action, Bureaucracy, Ideal Type, Authority, The protestant Ethnic)
Max Weber (1864-1920)
According to the standard interpretation, Weber, conceived of sociology as a comprehensive science of social action,
His initial theoretical focus is on the subjective meaning that humans attach to their actions and interactions within specific social contexts.

Social Action
In this connection, Weber distinguishes between four major-types of social action:
1)    Zweckrational
2)    Wertrational
3)    Affective action
4)    Traditional action

1.     ZWECKRATIONAL can be defined as action in which the means to attain a particular goal are rationally chosen. It can be roughly translated as "technocratic thinking.

2.     WERTRATIONAL OR VALUE-ORIENTED RATIONALITY is characterized by striving for a goal which in itself may not be rational, but which is pursued through rational means. The values come from within an ethical, religious, philosophical or even holistic context – they are not rationally "chosen."

3.     AFFECTIVE ACTION is based on the emotional state of the person rather than in the rational weighing of means and ends. Sentiments are powerful forces in motivating human behavior

4.     TRADITIONAL ACTION – The final type Weber labels; this is action guided by customs or habit. People engage in this type of action often unthinkingly because it is simply always done."

Weber's typology is intended to be a comprehensive list-of the types of meaning, men and women give to their conduct across, socio-cultural systems.  As an advocate of multiple causation of human behavior,-Weber was-well aware that most behavior is caused, by a mix of these motivations.
He developed the typology because he was primarily concerned with modern society and how it differs from societies of the past. He proposed that the basic distinguishing feature of modern, society was a characteristic shift in the motivation of individual’s behaviors.
In modern society the efficient application of means to ends (Zweckrational) has come to dominate and replace other springs of social behavior.
His classification of types, of action provides a basis for his investigation of the social evolutionary process in which behavior had come to be increasingly dominated by goal-oriented rationality (Zweckrational)-- less and less by tradition, values or emotions.
The major thrust of his work attempts to identify the factors that have brought about this "rationalization" of the West. While his sociology begins with' the individual motivators of social action, Weber does not stay, exclusively focused, on either the idealist or the social-psychological level.
He proposed that the basic distinguishing feature of modern society was best viewed in terms of this characteristic shift in motivation; he rooted that shift in the growth of bureaucracy and industrialism.

IDEAL TYPE
Weber's discussion of social action is an example of the use of an ideal-type. An ideal type provides the basic method for historical- comparative study. It is not meant to refer to the "best" or to some moral ideal, but rather to typical or "logically consistent" features of social institutions or behaviors.
An ideal type is an analytical construct that serves as a measuring rod for social observers to determine the extent to which concrete social institutions are similar and how, they differ from some defined measure.
The ideal type involves determining the features of a social institution that would be present if the institution were a logically consistent whole, not affected by other institutions, concerns and interests.
The ideal type never corresponds to concrete realty but is a description to which we can compare reality.

BUREAUCRACY
Weber's focus on the trend of rationalization, led him to concern himself with the operation and expansion of large-scale enterprises in both the public, and private sectors of modern societies.
In order to study these organizations, both historically and in contemporary Society, Weber developed the characteristics of an ideal-type bureaucracy;
1)    Hierarchy of Authority
2)    Impersonality
3)    Written Rules of Conduct
4)    Promotion based on Achievement
5)    Specialized Division of Labour
6)    Efficiency
According to Weber, bureaucracies are goal-oriented organizations designed according to rational principles in order to efficiently attain their goals. Offices are ranked in a hierarchical order, with information flowing up the chain of command, directives flowing down (Pyramidical Structures)
Operations of the organizations are characterized by impersonal rules that explicitly state duties, responsibilities, standardized procedures and conduct of office holders. Offices are highly specialized. Appointments to these offices are made according to specialized qualifications rather than ascribed criteria.
All of these ideal characteristics have one goal; to promote the efficient attainment of the organization's goals.
The bureaucratic coordination of the action of large numbers of people has the dominant structural feature of modern societies. It is only through this organizational device that large-scale planning and coordination, both for the modern state and the modern economy become possible
The consequences of the growth in the power and scope of these organizations is the key in understanding our world.

AUTHORITY
Weber's discussion of authority relations also provides insight into what is happening in the modern world.
·        On what basis do men and women claim authority over others?
·        Why do men and women give obedience to authority figures?
Again, he uses the ideal type to begin to address these questions. 'Weber distinguished three main types of authority;
1)    Traditional Authority
2)    Rational-Legal Authority
3)    Charismatic Authority

RATIONAL-LEGAL AUTHORITY
Rational-Legal Authority is anchored in impersonal rules that have been legally established. This type of authority (which parallels the growth of Zweckrational) has come to characterize social relations in modern societies.
TRADITIONAL AUTHORITY:
Traditional authority often dominates pre-modern societies. It is based on the belief in the sanctity of tradition, of "the eternal yesterday."

CHARISMATIC AUTHORITY:
Finally, charismatic authority rests on the appeal of leaders who claim allegiance because of the force of their extra-ordinary personalities.

Again, it should be kept in mind that Weber is describing an ideal type; he was aware that in empirical reality, mixtures will be found in the legitimization of authority.


CAUSALITY
Weber firmly believed in the multi-causality of social phenomenon. He expressed this causality in terms of probabilities. Prediction becomes possible, Weber believed, only within a system of theory that focus our concern on a few social forces out of the wealth of forces and their interactions that make up empirical reality. Within such constraints, causal certainty in social research is not attainable (nor is it attainable outside the laboratory in natural sciences).
The best that can be done is to focus our theories on the most important-relationships between social forces and to forecast from that theory in terms of probabilities.
Weber's system invokes both ideas and material factors as interactive components in the socio-cultural evolutionary process. Weber attempted to show that the relations between ideas and social structures were multiple and varied, and that causal connections went in both directions.
While Weber basically agreed with Marx that economic factors were the key in understanding the social system, he gave much greater emphasis to the influence and interaction of ideas and values on socio-cultural evolutions.

THE PROTESTANT ETHIC
Weber's concerns with the meaning that people give to their factions allowed him to understand the drift of historical change. He believed that rational action within a system of rational legal authority is at the heart of modern society.
His sociology was first and foremost an attempt to explore and explain this traditional to rational action. “What was it about the West, he asks, that is causing this shift? In an effort to understand these causes, Weber examined the religious and economic systems of many civilizations.
Weber came to believe that the rationalization of action can only be realized when traditional ways of life are abandoned. Weber's task-was to uncover the forces in the West that caused people to abandon their traditional religious value orientation and encouraged them to develop a desire for acquiring goods and wealth.
After careful study, Weber came to the hypothesis that the Protestant ethic broke the hold of tradition while it encouraged men to apply themselves rationally to their work.
Calvinism, he found, had developed a set of beliefs around, the concept of predestination. It was believed by followers of Calvin that one could not do good works or perform acts of faith to assure your place in heaven. You were either among the "elect" (in which case you were in) or you were not. However, wealth was taken as a sign (by you and your neighbors) that you were one of the God's elect, thereby providing encouragement for people to acquire health.
The Protestant ethic therefore provided religious sanctions that fostered a spirit of rigorous discipline, encouraging men to apply themselves rationally to acquire wealth.
Weber studied non-Western cultures as well. He found that several of these pre-industrial societies had the technological infrastructure and other necessary preconditions to begin capitalism and economic expansion. However, capitalism failed to emerge.
The only force missing were the positive sanctions to abandon 'traditional' ways. While Weber does not believe that the Protestant ethic was the only cause of the rise of capitalism, he believed it to be a powerful force in fostering its emergence.











ERVING GOFFMAN’S SOCIOLOGY (1922-1982)
DRAMATURGY – INTERACTION ORDER
Erving Goffman (1922-1982) was one of the most astute sociological observers of the dynamics of everyday life and his Contribution to micro-sociology is immense. Goffman (1982) was interested in what he called the "Interaction Order", a more specific part of the social order. In exploring the interactional order, Goffman tried to answer the basic sociological question initially raised by Emile Durkheim: what makes society possible?

For Goffman, the answer does not lie at the level of macro-sociological structures but at the interaction level. The interactional order is the largely invisible and unspoken norms, and rituals (such as greetings and salutations) that members of society follow. While in situation of what Goffman calls co-presence (face-to-face situations between two or more people); for Goffman, norms constitute the grammar of interaction so, that interactions are not driven by social actors; individual motives and intentions "but by their management of invisible situational norms and the impact of these norms on the self.

Because our social identities are shaped by our status and role sets, Goffman (1959) uses the metaphor of the theater to analyze social life as DRAMATURGY - the fact that members of society are comparable to actors playing roles on stage. Since most of our behavior takes place in the presence of others, we are indeed constantly performing roles for an audience. The script we are enacting may have been written by society but a believable and competent performance involves more than just going through the motions. For instance, all teachers are acutely aware of the performing character of their Job and they know their performance is assessed be different audiences (such as students, administrators, and parents). Being in the classroom is being in stage.

Central to-dramaturgy is the distinction between front and back regions.   
THE FRONT-REGION is comparable to the stage where the performance occurs: the classroom for a teacher, the showroom for a car salesman, the dining room of a restaurant for a waiter. The front region is what the audience sees – a carefully choreographed and ordered performance.
THE BACK-REGION is the equivalent of the theatrical backstage; all the activity that the audience does not see but that is crucial to the competent performance in the front region. It can be the teacher's office where she completes all her preparation work in order to be ready for the next class. It can also be the kitchen of a restaurant or the back offices of the car dealership. The back region is where people can relax from the norms of interaction that prevail in the front region. Teaching, waiting on diners, or selling cars involve, putting one's self at risk of a faulty performance, especially if the audience is less than cooperative (inattentive students, picky diners or difficult potential car owners).

In other words, performing involves some tension that can be released in the back region. This is why in many settings, it is essential to keep a clear separation between front and back regions. If the audience had access to the back region, the performance might be compromise. These examples also illustrate that individual’s performance actually depends not just on one’s abilities but on other social actors as well, what Goffman calls PERFORMANCE TEAMS. Performance teams are all the actors involved in a given performance: teaching teams may involve teachers as well as teacher's aides, and administrative assistants. In a restaurant, the whole kitchen staff constitutes a performance team.

Whatever role we are playing in any given situation (even the most familiar and informal, such as a gathering of friends), there is no avoiding the fact that being in society means being on stage. Our self is essentially public. As a result, the quality of our performances is essential to our sense of self. More than that, we put our self on the line every time we engage in interaction. As much as possible, in our presentation of self, we try to shape how people, perceive us and what kind of impression we make on the audience. Goffman calls, this process IMPRESSION MANAGEMENT. There are many ways in which one tries to convey favorable impressions through the use of objects (owning a luxury car helps convey the image of financial success), clothes, as well as body language. The way we talk, move, how we look and dress, our mannerisms, etc; all convey symbolic information about us to the audience regarding our social class, religion, sexual, orientation or ethnicity.

Some information we give voluntarily by disclosing it, but some we give off, whether we like it or not. We cannot control the impressions conveyed by the color of our skin, our weight or other traits that might not work in our favor. Finally, what traits will be perceived favorably might depend on the characteristics of the audience and the social expectations attached to whatever social role we happen to be playing and the general culture in which the interaction takes place. This means that interaction is a complex and risky business for one's self and yet, it is routine that we manage it constantly, without major incidents.

But incidents do happen sometimes and as a result, the performance is not convincing and the social actor is unsuccessful at producing a positive impression or the barrier between from and back regions gets broken down allowing the audience to see the back region. Such cases produce embarrassment, that is, the awareness that ones self has been damaged. Embarrassment can result from ordinary occurrences: a rumbling stomach, spilling a drink as well as in any form of behavior inappropriate for a given situation. Goffman shows that in such situations, the common response is to ignore the faux pass therefore giving the failing performer a chance to save face thereby helping to maintain the normative order of the interaction rather than letting it become awkward or derail it completely — a process Goffman call STUDIED NONOBSERVANCE. In other words, participants in an interaction support each other's self, therefore, making interactive participation a moral commitment.

Embarrassment is also a tool of social control, playing jokes on other people or inflicting public humiliation can be a sanction for not following the group's norms. It can also be a marker of social power: who embarrasses who depends on the respective statuses of the individual involved. It would be inappropriate for low-level employee to deliberately embarrass a superior. Embarrassment is not just something experienced by failing, performers; it can also be a consequence for collective actions. This explains why most large companies have public relations departments in charge of preventing public embarrassment or controlling it and to avoid a "public relations nightmare." The energy giant Enron faced such embarrassment when recording of phone calls by Enron traders revealed how the company had deliberately detailed the power supply in California in 2000, causing an energy crisis. “When individuals possess traits that damage their identity permanently and prevent their full participation in society, they carry a stigma” (Goffman, 1963). A STIGMA is an attribute that spoils an individual's identity; Goffman distinguishes three types of stigma:
1)    Defects of the body
2)    Defects of character, such as mental illness,
3)    Extremist political or religious beliefs or drug addiction; membership in socially devalued groups such as racial and ethnic minorities or gender.

Because stigmas always carry negative evaluations, stigmatized individuals develop coping strategies to protect their selves when dealing with "normal". Individuals may try to hide their stigma if it can be disguised and limit its social impact on one's identity. Other stigmas such as major physical deformities or handicaps are so visible that they become a subject's master status. One coping strategy may be withdrawal by limiting one's participation in society. Another consists in creating a social movement to fight the negative stereotype attached to a given stigma. For instance, the International Size Acceptance Society (ISAS) was created to fight discrimination against obese people and the corresponding prejudice etc.

THE POWER OF INTERACTION DYNAMICS
The maintenance of a barrier between front and back region is essential for impression management and the preservation of the self. However, based on his work in a mental hospital, Goffman, (1961) shows, those societies develop places for stigmatized individuals where such separation does not exist; total institutions. A total institution is a place where inmate’s lives come under the complete control of the institution, such as prisons, mental institutions, concentration camps. Total institutions are closed to the outside world. According to Goffman, becoming an inmate in a total institution involves a process of “mortification of the self."

Mortification of the self means that inmates are subjected to degrading and humiliating treatments designed (as they are the result of deliberate policy on the part of the institution's staff) to remove any trace of individual identity. For instance, personal clothing and items are confiscated, inmates are strip searched, their heads are shaved and they are issued an ID number. The point of such treatment is to mark a clear separation between the inmates' former selves and their institutional selves. Inmates are constantly under surveillance and they have no privacy. Minute behavior is observed and assessed, and if necessary, sanctioned. Inmates enjoy no back region. This constant profanation of the self by the staff and the coping strategies of the inmates to maintain a sense of identity are the main interactional dynamics in total institutions.

In the summer of 1971, psychologist Philip Zimbardo (1991) conducted an experiment as the Stanford Prison Experiment that dramatically illustrated the power of dramaturgy and roles in shaping behavior. His team selected 24 applicants to become participant in the experiment (individuals suffering from mental problems were not selected). Twelve would be guards; twelve would be prisoners in a simulated prison located in the basement of the psychology department at Stanford. The experiment would be videotaped and was supposed to last two weeks but had to be stopped after six days. Upon arrival, the prisoners were subjected to degrading treatment such as strip searches and delousing, being put in a uniform and chained at the ankle. They were called by ID numbers rather than their names, another profanation of the self. The guards, all dressed in uniform as well were wearing shades (to promote anonymity) and given whistle and belly club and instructed to maintain order whatever it took, within some limits.

Zimbardo was surprised how quickly prisoners and guards "became" their roles in the most extreme fashion. Guards imposed arbitrary and degrading punishments whereas prisoners became accustomed to their impersonal status and endured escalating humiliations from the guards. For their part, the prisoners exhibited pathological and withdrawn behavior. .Early attempts at rebellion had been crushed by the guards who managed to destroy any group solidarity that might have existed among prisoners.

Considering Goffman's analysis of total institutions along with Zimbardo's experiment; the behavior of some American soldiers at the Abu Ghraib prison in Iraq and at Camp, X-Ray in Guantanamo Bay is not surprising at all. The Abu Ghraib prison and Camp X-ray are total institutions – The prisoners ethnically different from the guards are completely left at the mercy of the guards, who engage in the same dehumanizing treatments that Goffman and Zimbardo had observed. Individual psychology does not explain such behaviors. The power of roles and social situations is enough to shape behavior in the most extreme fashion. It is fair to assume that any institution that has the characteristics of a total institution will produce these types of behaviors irrespective of the actual individuals who end up there as guards inmates. This explains why the pictures from Zimbardo's experiment, Abu Ghraib and Camp X-Ray in Guantanamo Bay show remarkable similarities: they are all total institutions structured in a similar fashion using similar processes and producing similar effects. Zimbardo summarized the similarities in his latest book, The Lucifer Effect - Understanding How Good People Turn Evil.

THE IMPACT OF COLONIAL EXPERIENCE TO THE NIGERIAN LEGAL SYSTEM



Ibrahim Sa'adu a.k.a gco (B Sc. Sociology)



INTRODUCTION

The Federal Republic of Nigeria (FRN) is a Constitutional Republic. At independence, Nigeria consisted of three regions, namely, the Northern Region, the Eastern Region and the Western Region. Presently, Nigeria is made up of 36 states and a federal capital territory (FCT), located in Abuja. These states are, as a matter of convenience and political expediency grouped into 6 geopolitical zones of North East, North West, North Central, South East, South West, and South-South. This grouping has however not been accorded any constitutional recognition. There are close to 400 linguistic groups in Nigeria, but the 3 major languages are Hausa, Igbo and Yoruba, while English is the official language.
The Nigerian Legal System (NLS) is based on the English Common Law and legal tradition by virtue of colonization and the attendant incidence of reception of English law through the process of legal transplant. English law has a tremendous influence on the Nigerian legal system, and it forms a substantial part of Nigerian law. Section 45 (1) of the Interpretation Act provides that, the common law of England and the doctrines of equity and the statutes of general application which were in force in England on 1st January, 1900 are applicable in Nigeria, only in so far as local jurisdiction and circumstances shall permit.
Consequently, legal issues evolving from common law in England and codes of conduct of the medical profession and professional ethics as a whole, such as confidentiality, consent, malfeasance, beneficence, duty of care are applicable in Nigeria even though they have not been legislated upon.
SOURCES OF NIGERIAN LAW
The sources of Nigerian Law are as follows:
1.     THE CONSTITUTION: The Nigerian Constitution is a Federal one. A federal constitution is one which provides for division of powers between the constituents of the Federal Government.  The Nigerian Constitution is supreme. Constitutional supremacy relates to the supremacy of authority of the constitution over other laws. Section 1(1) provides, “this Constitution and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria”.
2.     LEGISLATION: The Constitution regulates the distribution of legislative business between the National Assembly which has power to make laws for the Federation and the House of Assembly of each state of the federation.
The current legislation in force at the Federal level is largely contained in the Laws of the Federation of Nigeria 2004 (LFN). Laws made subsequently are found in the annual volumes of the laws of the FRN. Federal laws enacted under the military regime known as Decrees and state laws known as Edicts form the bulk of primary legislations.
3.     ENGLISH LAW:
This consists of:
a.     The received English Law comprising of the following, the common law, the doctrine of equity, statutes of general application in force in England on January 1, 1900, Statutes and subsidiary legislation on specified matters, and
b.     English law (statutes) made before 1st October, 1960 and extending to Nigeria which are not yet repealed. Laws made by the local colonial legislature are treated as part of the Nigerian legislation.
Despite the influence of English law, the Nigerian legal system is very complex because of legal pluralism.
Legal pluralism is the existence of multiple legal systems within one geographic area. It occurs when different laws govern different groups within a country or where, to an extent, the legal systems of the indigenous population have been given some recognition. Legal pluralism is prevalent in former colonies, where the law of a former colonial authority may exist alongside traditional legal systems. This is evident in the Nigerian Legal system where the customary law exists side by side with the inherited English Legal System.
4.     CUSTOMARY LAW: This emanated from the usage and practices of the people. The traditional classification of customary law is into the following categories:
·        Ethnic/non–Muslim: is the indigenous law that applies to the members of the different ethnic groups. Nigeria is made up of several ethnic groups each with its own variety of customary law. Ethnic Customary law is unwritten, uncertain and difficult to ascertain.  Ethnic Customary law is enforced in customary courts. These courts are at the lowest rung of the hierarchy of courts and in most cases are presided over by non- legally trained personnel.

·        Muslim Law / Shari’a: In the southern part of the country, Muslim/ Islamic law, where it exists, is integrated into and has always been treated as an aspect of the customary law. Islamic law has however been in use in the Northern part of the country since 1959. Islamic/Shari’a/Muslim Law is written with clearly defined and articulated principles. It is based on the Islamic religion and was introduced in Nigeria as a consequence of a successful process of Islamization. It is based on the Holy Koran and the teachings of the Prophet Mohammad. The Muslim laws, also known as the Shari’a are found in the Holy Koran and the Hadith (teachings of the Prophet Mohammad).
5.     JUDICIAL PRECEDENT: This is “an earlier happening, decision, etc, taken as an example or rule for what comes up later. The doctrine of precedent is founded on the objective of law that ensures that like cases are decided alike. The operation of the doctrine is tied to the hierarchy of the courts. A court is bound by the decisions of any court above it in the hierarchy and usually by a court of co-ordinate or equivalent jurisdiction. The Supreme Court is the highest court of the land. The Court of Appeal is the penultimate court to entertain appeals from the High Courts, which are the trial courts of general jurisdiction. The Court of Appeal and all lower courts are bound by the decision of the Supreme Court.
The judicial precedent does not apply to certain courts like the customary/area courts and the Shari’a courts.
The Federal and State courts are not in two parallel lines. It is only to a limited extent that it may be asserted that each state has its own legal system.
6.     INTERNATIONAL LAW: Nigeria is a member of the United Nations, the Commonwealth of Nations, African Union and many others.
Although Nigeria is a signatory to various international conventions and covenants, these are not enforceable in Nigeria unless they are enacted into law by the National Assembly.

THE IMPACT OF COLONIALISM ON NIGERIA’S LEGAL SYSTEM
The impact of colonialism on Nigeria’s legal system is indeed very profound as British law presently constitutes one of the major sources of Nigerian law. As such, the common law of England, the doctrines of equity and the Statutes of General Application in force in England as at January 1, 1900 are still valid laws in Nigeria (Malemi, 1999). This is evident in the High Court Laws and High Court Civil Procedure Rules of States in Nigeria. The subservience of Nigeria’s legal system to colonial laws especially judicial decisions is expounded by Agbede (1989, p.18) to the effect that:
The explanation appears to be that prior to the attainment of independence, the majority of the personnel of the Nigerian superior courts were English. Moreover, the Nigerian judges themselves are trained in English Law. It is only natural that they should be fascinated by the decisions of the English superior courts, which in any case, are in line with their own reasoning.
It is however heartening to know that even though resort to English law still forms part of Nigeria’s laws, Nigerian Courts have established the stance that English judicial authorities are merely of persuasive value in Nigerian courts as opposed to the previous situation where such decisions made in England are binding on Nigerian courts. The present position adopted by Nigerian Courts is explicitly rationalized by Tobi (2007) thus:
It is therefore worrying, to say the least, for a sovereign nation, to continue to make use of laws of a foreign Country with the same sovereign status, in search of justice in a jurisprudence which is supposed to be indigenous to its peoples. It is much more worrying when the application of elements of foreign laws is forced up that sovereign nation by so-called enabling statutes. The million naira question is: Why should the legal system of this Country continue, as a matter of law, to operate English Statutes, some of which have either been repealed or gone through several amendments? Why should Nigeria continue to operate such English statutes that are of little or no relevance to our sociology and anthropology?
Even though, the Nigerian Judiciary has detached itself from the apron-strings of colonial judicial authority, the Nigerian Legislature has fared worse as certain statutes introduced by the British into Nigeria are still in force even though the provisions of the said statutes are of the diminished value or have become irrelevant in contemporary times. In the words of Esiemokhai (2012):
Unlike India which has moved away from the British legal system and had established a social justice system, which has visibly propelled India to gain acceleration in the right direction, a Nigerian jurisprudence has not yet emerged.
The Nigerian Constitution contains social justice principles but these social justice proclamations are not justiciable but are hortatory (Hortatory is a word used to describe a behavior or action that is encouraging. Example; in the face of great economic crisis, the president's speech takes on a hortatory or encouraging tone, at a time when people most need the reassurance) in nature.
An example that readily comes to mind is section 34 of the Nigerian Criminal Code which provides that a husband and wife of Christian marriage are not criminally responsible for a conspiracy between themselves alone. This provision is a colonial legacy which reflects British recognition of Christian marriage as the only valid form of marriage to the exclusion of other forms of marriage which exist in Nigeria (Adesanya, 2009). Furthermore, section 162 of the Nigerian Evidence Act pertaining to Competence and Compellability of witnesses is to the effect that a spouse of a Christian marriage is not a competent and compellable witness against his or her spouse upon any criminal prosecution. This provision also excludes Nigerians who are married under Native Nigerian Law or custom and is highly discriminatory (Kolawole, 2009).
In spite of the above, it will amount to abdication of responsibility if deficiencies in Nigerian Statutes are laid at the doorstep of colonialism. The Nigerian Legislature as well as the Nigerian Law Reform Commission must of a necessity awake from legislative inertia (lack of movement or activity especially when movement or activity is wanted or needed) and repeal (to officially end the validity of something such as Law) colonial laws in favor of laws which reflect Nigeria’s contemporary socio-political milieu. Tobi (2007) aptly conveys this message thus: If the colonialists, in their usual sensitivities characteristic of exploration and discovery, exported their laws to the colonies, the colonized on their attainment of independence should be able to jettison (discard) the colonial system in all its ramifications and adopt its own system. This is the function of the Legislature.
It is worthy of note that relics of colonialism also abound in the practice of Law in Nigeria. For instance, Lawyers in Nigeria cannot appear in Court without wearing the traditional wig and gown as proffered by the British. Although the wig and gown distinguishes members of the learned profession, it becomes a burden especially when the weather is hot and where the Court rooms are not well ventilated as is usually the case. Apart from the argument that the legal profession has a conservative tradition which must not be tampered with, it can also be argued that the wig and gown does not have any bearing on quality delivery of legal service or whether it improves advocacy in court.
Another cause of controversy is the appointment of Senior Advocates of Nigeria adopted in line with the Queen’s Counsel model operating in Britain. Although the rank of Senior Advocate is the zenith of the legal profession in Nigeria, there are increasing calls for its abolition on the grounds that it is a colonial legacy which creates a supposedly superior class of lawyers who receive preferential treatment in all spheres of legal practice to the detriment of other members of the legal profession (Adesomoju, 2013). This is another controversy traceable to colonialism which is a divisive factor in the legal profession and is in need of urgent review.
CONCLUSION/SUMMARY
The Constitution of Nigeria is the supreme law of the country. There are four distinct legal systems in Nigeria:
·         English law which is derived from its colonial past with Britain;
·         Common law, a development of its post colonial independence;
·         Customary law which is derived from indigenous traditional norms and practice, including the dispute resolution meetings of pre-colonial Yoruba land secret societies and the Èkpè and Okónkò of Igbo land and Ibibio land;
·         Shari’a (Islamic) law, used only in the predominantly Muslim north of the country. Civil Shari’a law has always been enshrined in the various Nigerian constitutions since independence. The most recent constitution came into effect in 1999. With the return of the country to democratic rule in 1999, some of the predominantly Muslim northern states have instituted full Shari’a law (criminal and civil). Full Shari’a law was first passed into law in Zamfara in late 1999 and the law came into effect in January 2000. Since then eleven other states have followed suit. These states are Kano, Katsina, Niger, Bauchi, Borno, Kaduna, Gombe, Sokoto, Jigawa, Yobe, and Kebbi.
Britain ensured that her colonial administrators were well versed in military intelligence, diplomacy and statecraft. By 1960, the British colonial legal system had take firm root in Nigeria. Even after Nigerian independence in 1960, Britain insisted that its highly trained Nigerian British lawyers occupied strategic judicial offices.
There are also positive impacts of the colonial legal system among them is that; it introduces the two new institutions which have been maintained since independence, namely a new judicial system and a new bureaucracy or civil service.
However, the British political order was rejected by Nigerians, who do not have the culture of democratic haggling, literary argumentations and verbal disputations, which are regarded as disrespectful by feudal and aristocratic political despot.
In conclusion, from the available evidence, however, it would appear that a much more balanced assessment is necessary. The impact of colonialism was positive as well as negative. However, it should be emphasized that most of the positive effects were, by and large, rather accidental by-products of activities or measures intended to promote the interests of the colonizers.

REFERENCES
1.     Abdulrahman, D. (2004). Colonialism, development paths, globalization and social inequality: The sources of social conflict in Nigeria. In D. Oni, S. Gupta, T. Omoniy I.E. Adegbija & S. Awonusi (Eds.), Nigeria and Globalization: Discourses on Identity Politics and Social Conflict (pp.291-326).Lagos: CBAAC.

2.     Adebisi, M.A. (1998).Ethnic relations and politics in Nigeria. In U.A. Igun & A.A. Mordi (Eds.) Contemporary Social Problems in Nigeria (20-38)Ilorin: Department of Sociology, UNILORIN

3.     Adefulu, R. (2001).The context of politics and governance in postcolonial Nigeria. In R.Adefulu & W. Olaitan (Eds.), Issues in Nigerian government and politics (pp. 8-24) Ijebu-Ode: RAD Consultancy.

4.     Adeosun,A.B. (2011).Federal character principle and national integration: A critical appraisal. International Journal of Politics and Good Governance, 2(2), 1-13.

5.     Adesomoju, A. (2013, July 22). New SANs emerge amid calls for reform. Punch. Retrieved from www.punchng.com/feature/the-law-you/new-sans-emerge-amid-calls-for-reform/

6.     Adogahme, P.G. (2011).Reforming the rentier state: The challenges of governance reforms in Nigeria. Journal of Energy and Development, 34 (2), 227-252.

7.     Afonja, B. (2013, November 13).Nigeria: A nation in dilemma. The Guardian. Retrieved from www.ngrguardiannews.com/ index.php/features/policy-a-politics/138347-nigeria-a-nation-in-dilemma

8.     Agbede, I.O.(1989) Themes on conflict of laws .Lagos: Shaneson

9.     Ako-Nai, R.I. (2004). The politics of marginalization in Nigeria: Challenges of the fourth republic. In D. Oni, S. Gupta, T. Omoniyi, E. Adegbija & S.Awonusi (Eds.), Nigeria and Globalization: Discourses on Identity Politics and Social Conflict (371-387).Lagos: CBAAC.




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