law as social institution Flashcards
what does law embody and is contingent to?
the social construct within our society
what is law?
is simply not a set of rules and regulations that govern the way in which our society should be, but rather, an exhibition of how our society exists as it is
what is social institution?
a pattern of beliefs and behaviors over time, as defined by Nicosia and Mayer as ‘a set of activities performed by specific people in specific places through time’
why does law change over time?
as it is contested, whether it be change in beleifs/ideals/customs/norms and social movements pushing for law reform as a means to bring about social change.
hence, why cant law exist as an isolated institution?
as law reflects the society and its changes in beliefs and culture. There is a relationship between law and society.
what are legal institutions often constructed as?
objective, which is based on the application of reason and impartial rationality, and thus removed from social influences
despite it being constructed as objective, what can be contested?
through examples such as homosexuality, it can be contested that law cannot be separated from other social and political institutions and phenomena. it is not objective
what often bring about law reforms?
Social movements often push for law reform as a means to bring about social change, in particular for the members of their ‘group’
