An Introduction to Law and Society

Chapter 1

Common Law Tradition

A legal system based on court decisions and precedents rather than written laws. It originated in England and has influenced many legal systems worldwide, including the United States, Canada, and Australia.

Civil Law Tradition

A legal system based on written laws and codes. It originated in Rome and contrasted with the common law tradition, emphasizing statutes and provisions.

“Black Letter” Law

The rules that are followed in writing a will, drafting a contract, or determining the liability of a driver involved in an automobile accident (aka the law as it is written).

Precedent

An action or decision that serves as a guide for handling situations. Because of the law’s reliance on precedent, it may be slow to change.

Conflict Perspective

Society is viewed as composed of competing groups, and the law is an instrument of coercion that is employed by powerful groups to maintain their power and control.

Consensus Perspective

Society is viewed as sharing common values and as relatively stable.

International Law

The law that regulates the relationships between countries in the world.

The Rule of Law

1. The government and government officials are accountable for their conduct.

2. The laws are clear, widely available, stable, fair, and protect fundamental individual rights, including the protection of persons and of property.

3. The processes by which the laws are enacted, administered, and enforced are public, understandable, efficient, and fair.

4. Justice is delivered by qualified, ethical, independent, and objective individuals who have adequate resources and reflect the composition of the community.

Procedural Justice

Government decisions are reached through fair procedures.