Chapter 6: Toward a Theory of Legal Change Flashcards

Vocabulary terms covering the fundamental concepts of legal change, institutional patterns like immission and tort, and the distinct developmental logic of legal systems.

Basic Normative Pattern

A recurring way that norms are organized in law which helps explain how rules arise and change when systems and the lifeworld interact.

Two Sides to the Right of Ownership

A legal concept where one side stresses the owner’s freedom to use, while the other side stresses restraint where effects touch others.

Immission

A legal institution used to stop or reshape activity that produced harmful effects when those effects cross property boundaries.

Tort Law

A legal institution used to impose duties and consequences for harm by way of compensation once effects are recognized.

Intervening Rules

Rules that speak to individual actors and public authorities concerning public interests; they belong to socioeconomic and political-administrative systems and require maintenance by offices, records, and authorized interpreters.

Reproductive Function

The logic explaining the legal system's structure and task which requires mechanisms for consensus, solving conflicts, and maintaining stability.

Bipolar Continuums

The frame of opposites (such as substantive justice vs. procedural justice) within which normative and legal history movements occur.

Vertical Dimension of Law

The movement of the legal system up and down between bipolarities, as opposed to the forward-moving progression of society.

Cognitive Problems in Regulation

Issues arising from technological developments where primary problems are not normative but stem from a lack of experience and knowledge regarding what and how to regulate.