law to strict rules and concepts susceptible to mechanical application failed. Elaborate apparatus of individualization of justice, by at least seven agencies, were developed. These are: (1) equitable discretion; (2) legal standards, such as due care; (3) general verdicts of juries; (4) "finding the law" in adjudication of cases; (5) individualized penal sentences; (6) informal justice in petty courts; and (7) administrative tribunals[ J.A. Gardner , 2]. Pound has compared the sociological jurisprudence with other schools of legal thought and notes certain characteristics of adherents to the sociological school. Generally, they pursue a comparative study of legal phenomena as social phenomena and criticize these with respect to their relation …show more content…
Third, they emphasise the social ends of law rather than sanctions; fourth, they insist that legal precepts be used as guides to socially desirable results rather than inflexible molds and lastly, their philosophical views are diverse, usually positivist or some branch of the social-philosophical school[ J.A. Gardener, 4]. Dean Pound has frequently referred to law as "experience developed by reason and reason tested by experience”. In this field, Pound has made one of his major contributions to the law as a means of social engineering, the classification of legal history into five stages and the discovery and specific formulation of the ends of law in each of these stages. The first stage is primitive law, in which the end of law is to keep the peace. The second stage is that of the strict law, in which the end is certainty and uniformity in the ordering of society[ L. J. McManaman, Social Engineering: The Legal Philosophy of. St. John's Law Review, 33(1), 2013, …show more content…
The Philosophical School, the oldest in point of time, gradually diverged into three great streams of thought namely the Natural Law School of the Ancient World and of the Eighteenth Century in Europe; the Metaphysical School, led by Hegel and other philosophers and jurists on the Continent; and the Social-Philosophical School, whose main exponents were the Neo-Hegelians. The outstanding feature of the Philosophical School is, in general, the emphasis it places on the eternal unchanging nature of law, looking at it either as conformity to the natural man, or as the expression of some ultimate metaphysical datum as Free-will or Freedom[ E.F. Albertsworth , 1922]. In the viewpoint of this school, there is one eternal law, discoverable by rational speculation, valid for all times, all peoples, and all places, based upon certain eternal categories which lie at the foundation of man's conscience and reason. Briefly, law is reason applied to human affairs, no more, no less. If a particular positive law is not reasonable and it does not conform to our inherent sense of justice and right, it is not law, no matter if so declared by the most absolute of monarchs or the most powerful of governments. Irrespective of whatever criticisms may be made of this school, it cannot be denied that it has led, through its appeal to reason and
Legal history A system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties, this is the definition of law. Although the definition of law is evident and perceptible,the portrayal and act of law varies. Throughout the justice system there are many inconsistencies such as the type of law, there is common,criminal,civil, and administrative. Throughout these systems of law there are also criminal proceedings. In these criminal proceedings, some will find that the verdict is just.
Alex Frost Values: Law & Society 9/23/2014 The Hollow Hope Introduction and Chapter 1 Gerald Rosenberg begins his book by posing the questions he will attempt to answer for the reader throughout the rest of the text: Under what conditions do courts produce political and social change? And how effective have the courts been in producing social change under such past decisions as Roe v. Wade and Brown v. Board of Education? He then works to define some of the principles and view points 'currently' held about the US Supreme court system.
The Court’s effectiveness relies on the institutional capacities as well as the ruling’s popularity. When lower-court judges comply with Supreme Court decisions, rulings can have a substantial effect on social policies, as in the case
In strain theory, laws are equivalent to the accepted means that people can use to achieve their goals, which are described as a product of tradition and consensus. According to Frederick von Savigny, laws are “generalized statements of the tendencies actually operating, of the presuppositions on which a particular civilization is based” (Hagan 5). In this view, laws are almost indistinguishable from the commonly held morality found in a society. This theory on the nature of laws appears to match Merton’s understanding of how goals and methods of obtaining these goals are formed. An apposing theory on the creation of laws views them as a “product of conflict” (Hagan 5).
In his book, “The Law”, Frederic Bastiat aims to counter the trend in legislation which he identified in France during his life. A legislator himself, Bastiat worried that the scope of the law had expanded far past what was just and thus performed the very acts of greed and plunder which it should aim to prevent. Bastiat based his argument on the idea that the essence of man is found in his personality, liberty, and property. The role of law is to protect these faculties of man, and anything beyond is abuse of power and legal plunder. Bastiat views these elements which comprise man as innate.
The three types of theories of the lawmaking process are rationalistic model, functionalist view, and conflict perspective. Rationalistic model is laws that are created as rational means of protecting the members of society from social harm(s). Functionalist view which was theorized by Emile Durkheim’s, is that laws are an institutionalized custom and need for a society to function as a whole. The final theory is conflict perspective which means laws are put in place for social control. Each one of these three theories both have their own benefits, as well as their flaws in helping to creating law(s).
Martin Luther King discusses many philosophical principles in the “Letter from a Birmingham Jail” that relates with Aquinas discussion about law. Most of Martin Luther King’s philosophical ideas have to deal with natural law. According to Aquinas natural law is promulgated by reason and also rational participation in the eternal law. But in “Letter from a Birmingham Jail” we can see how human law is connected to natural law always.
Throughout the year we’ve learned and looked upon many different social views. The sociological concepts such as social interaction ,sex and gender, religion, race and ethnicity, and deviance are very important to society and have many social effects. My favorite tv show Law and Order(Special Victims Unit) covers and demonstrates these concepts in majority of the episodes. The show Law and Order consists of real life situations and issues which causes many different societal views or opinions throughout the show. Social interaction is one of the biggest sociological concepts.
Furthermore, from two scholarly perspectives, authors Richard Rothstein and Kitty Calavita, we can deepen our engagement with this relationship in their books, The Color of Law and Invitation to Law and Society, An Introduction
The last are the single rule makers, who create both formal and informal regulations. The first ones are set forth in the laws and statutes, while the second are unwritten and describe the opposition concerned more precisely. Rigidity and brutality of these unwritten rules depend on the personality of the warden. It fluctuates from the allowance of black market “to let off steam from the pressure-cooker” to “moonlight burials” of Gregg Stemmas or “Bread and water Norton’s diet” (22,
Lucy Bichakhchyan Introduction to Philosophy Second Short Written Assignment GALEN STRAWSON THE IMPOSSIBILITY OF MORAL RESPONSIBILITY Galen Strawson is a British philosopher, who is famous for his philosophical works on free will, panpsychism, causality, determinism etc. This paper is about his article “The Impossibility of Moral Responsibility”. The title of the article already gives away the stand that Strawson has considering Moral Responsibility..
Topic:- The Critical Study of Kant’s Doctrine of Right. Introduction: What is Right? A right is the sovereignty to act without the permission of others.
This state of nature was the conditions in which we lived before there were any political governments to rule over us and it described what societies would be like if we had no government at all. In this essay I will compare the opinions given by each philosopher regarding their understanding of the state and the law. I will also discuss how their theories have influenced our understanding of the law today. Thomas Hobbes – Regarding the State and Law Firstly I would like to begin my discussion with Thomas Hobbes.
[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law
According to the radical critique of law, how does law discriminate? Along with many other policies, the law also stresses on the discrimination which