law & society

Natural Law Theory

Law is based on universal moral principles; if a law is unjust, it should not be followed.

Legal Positivism

Law is whatever the government enacts, regardless of its moral implications.

Utilitarianism

Laws should maximize the greatest good for the greatest number; punishments should be swift and proportional.

Kant’s Categorical Imperative

Laws should treat people as ends in themselves, rejecting utilitarian approaches that sacrifice individual rights.

Sociological Theories of Law

These theories examine how law interacts with society.

Durkheim - Social Solidarity

Law reflects society’s level of cohesion: Mechanical Solidarity leads to punitive laws, while Organic Solidarity leads to restorative laws.

Weber - Law & Coercion

Law uses physical or psychological coercion to ensure obedience.

Marx - Law as a Tool of the Elite

Law protects the interests of the wealthy and powerful, aiming to remove class divisions.

Critical Legal Studies (CLS)

Law is not neutral; it is shaped by politics and power.

Critical Race Theory (CRT)

Law perpetuates racism and benefits dominant groups, requiring an understanding of interest convergence and intersectionality.

Feminist Jurisprudence

Law has been historically biased against women, with varying feminist approaches advocating for equal rights.

Common Law

Judge-made law based on precedent, involving an adversarial system and jury trials.

Civil Law

Law primarily enacted through statutes, not judicial decisions, with an inquisitorial system.

Socialist Law

Law serves the interests of the state over individual rights, with publicly owned properties.

Islamic Law (Shari’a)

Based on the Koran and religious teachings, coexisting with modern legal codes in some cultures.

U.S. Court System

Consists of federal and state courts, with the Supreme Court as the highest authority.

Judicial Review

The power of the courts to declare laws unconstitutional, established in Marbury v. Madison.

Legislative Process

Laws are made by legislatures, influenced by media, public opinion, and lobbyists.

Separation of Powers

Divides government into branches: Legislative, Executive, and Judicial.

Justice Gap

Low-income individuals often struggle to afford legal representation, with issues like domestic violence and housing disputes.

Functions of Law

Include social control, dispute resolution, and social change.

Dysfunctions of Law

Include bias, harassment, unequal access, rigidity, and blocking social change.