Chapter 1: The concept of Law Flashcards
What are the three basic features of law according to Max Weber’s definition?
- External pressure to comply with the law
- involving force or coercion
- Individuals enforce the law coercively under the authority of the state.
What are the four dominant legal systems?
- The Romano-Germanic system
- The Common-Law system
- The Socialist legal system
- The Islamic legal system
What does the term “Substantive law” mean?
Laws that are made by parliament.
What does the term “Procedural law”mean?
Describes the process that the criminal justice system should follow. Ex, offender arrested, right read, lawyer will be provided, etc
What specific time period have sociologists been interested in law?
In the post-World War II period, sociologists have been interested in law and it’s relationship to society.
What does the term “code mean”?
A code is simply a body of laws
How does Donald Black view the law?
Black views the law as a form of governmental social control. He came up with 4 styles of social control in Law.
What type of law is judge made?
Common Law
Who was the individual who contributed to the workings of “Legal Realism”?
Oliver Wendell Holmes
What type of law is the basis for the U.S. legal system?
Common Law
Who believed that the law should be understood in terms of its impact on society and individuals, rather than relying solely on abstract legal principles?
Oliver Wendell Holmes
What are the three common functions of law in society?
social control, dispute settlement, and social change.
