law and society 1 Flashcards
Law
A system of rules created and enforced by social institutions to regulate behaviour.
Society
A structured community of people bound by shared institutions, culture, and norms.
Legal Positivism
The theory that law is a set of rules created by recognised authorities, separate from morality.
Social Contract
The concept that individuals consent to surrender some freedoms in exchange for societal order and protection.
Natural Law
The belief that law should be based on inherent moral principles and justice.
Thomas Hobbes
Advocated for a powerful sovereign to prevent societal chaos (Leviathan).
John Locke
Emphasised natural rights and the idea that legitimate government requires consent.
Jean-Jacques Rousseau
Introduced the idea of the “general will” as the collective interest of the people.
H.L.A. Hart
Distinguished between primary rules (obligations) and secondary rules (rules about rules).
Ronald Dworkin
Criticised Hart, arguing that legal principles (not just rules) shape judicial decisions.
Ancient Societies
Early laws often emerged from religious codes (e.g., Hammurabi’s Code, Mosaic Law).
Greek Influence
Introduced concepts of democracy, citizenship, and justice.
Roman Law
Developed structured legal principles that heavily influenced modern Western legal systems.
Medieval Law
Dominated by customary and ecclesiastical law.
Rule of Law
The principle that all individuals and institutions are subject to the law.
Justice
The fair distribution of resources, rights, and duties within society.
Rights
Legal entitlements that protect individual freedoms.
Duties
Legal obligations required to maintain social order.
Legal Realism
Argues that law is shaped by social, political, and economic conditions.
Critical Legal Studies
Focuses on how law maintains social inequality.
Feminist Legal Theory
Analyses how legal systems reinforce gender inequality.
Marxist Legal Theory
Views law as a tool used by the ruling class to control the working class.
