Theories of Law and Society

Lecture 2
 Introduction

• First: understand the evolution of legal

systems
• Then: review and introduce legal theory
• Understand the multifaceted character
of the relationship between law and
society
 Evolution of the Legal system
What are their
Characteristics? Is there a
political
system?
Primitive
Difference
Society
Modern
Do they have
Society
Laws?

• Legal Systems Evolve

 Primitive Society
Close Kinship
Customs + organization
Small Homogeneous
uncodified

Religious standards Clear division of labor Uncodified

sanctions
 Modern Society
Heterogeneous Huge impersonal

Need for Law. Formal institution. Control

 Evolution of the Legal system
What are their
Characteristics? Is there a
political
system?
Primitive
Difference
Society
Modern
Do they have
Society
Laws?

• Legal Systems Evolve

 Evolution of the Legal System
• Question: is there a reciprocal relationship
between society and the legal system
• Turner: legal development is a form of
institutional adjustment and coordination
• 2 questions:

Why? What?
did change
contributed to it
happen
 European Pioneers
• There are universal, absolute laws
• Theories of natural law. Presumption that
through reason we can know natural law,
which provides the basis and legal ordering in
society. Law maker bound.
• Lex injusta non est lex
• E.g. Aristotle, Thomas Aquinas
• e.g. No pro-abortion laws.
• Purpose of law is the same
 European Pioneers
• Baron de Montesquieu (1689-1755)
• Thesis “Spirit of Laws” : law is integral to a
person’s culture.
• Law is not universal, it is relative/ subjective
• Society shapes laws, and so all laws must be
assess against this. Good law fits.
• E.g. human rights laws?
 Classical Theorist
• Karl Marx (1818 -1883)
• Every society rests on its ‘modes of
production of commodities’
• Superstructure
• 2 classes in society
• Law is (1) product of economic Legal,
forces; (2) tool of the bourgeoisie to political
and
maintain power; (3)instrument of religious
social control structures

• Law is a form of class rule sanction Economic structure

by public authority
 Socio-Legal Theorists
• Oliver Wendell Holmes (1841-1935)
• Founded ‘legal realism’ school of thought
• Realist: life of law is experience, not logic
• How do judges make Law? What is it based
on? Look at he historical and social forces.
• Law is a body of edits represent the will of the
dominant interest of society. Laws set out to
“build a race”
 Contemporary Theorists
• Functionalist Approach – approaches social
understanding with sciences.
• Conflict Approach – society as an arena to
struggle over scare commodities
• Critical Legal Studies movement – law is
inseparable from politics, economics, culture.
• Thus law is not neutral or value-free.
 Concluding Thoughts
What caused legal development?
Jurists What?
Aristotle Natural Law
Aquinas God /Natural Law
Montesquieu Culture
Marx Economy
Holmes Society’s Dominant interest
Functionalist Survival
Conflict Commodities
CLS Politics, culture, economics
 Conclusion
• Link between law and society
• It is a multi-faceted relationship between law
and social institutions
• These relationships demonstrate the diverse
issues involved.
• Societal influences affect legal definitions and
develop legal systems. E.g. Malaysia – plastic
straws and smoking
 Conclusion
• https://www.youtube.com/watch?v=bJVBQef
NXIw
• What is this Youtube video demonstrate to us
about the evolution of legal systems and its
relationship with society?