PHL 612 Lecture 1: PHL 612 - Week 1
28 Sep 2017
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Document Summary
Brian tamanaha outlines three cluster concepts of law in which he finds that most concepts of law may be arranged into one of the three classifications. The first classification he discusses is law is order , as foundationally described by. Aristotle and ehrlich, which contend that law cannot exist without order. Furthermore, since all societies must have order, those societies must therefore have law. So, this category is prefaced on normative behaviours which are customary to the social order at that time. However, this concept is broad because all aspects of social life cannot be labelled as law. Consequently, there are many different sources of what is deemed to be normal, yet vague criterion is not applicable for legal purposes (tamanaha 8). The second classification is state based law which is focused on the enforcement of norms by courts and institutionalized dispute resolution (tamanaha 9). In this category, law is defined as social control and order by sovereign powers.
