LAWS 1000 Lecture Notes - Lecture 3: Norm (Social), E. Adamson Hoebel
5 Jun 2018
School
Department
Course
Professor
LAWS1000
3
Law in Social life
Lecture 3
REVIEW
• Aristotle, natural and conventional law
• Fuller
o Valid law has an internal morality evident in, and inherent to, the craft of law making
o 8 minimum requirements of 'internal morality'
• Finnis
o Just laws are guided by moral principles which further the human good and
encourage 'human flourishing'
o 7 basic forms of human flourishing
• Law, morality and tragic choices
o R. v. Dudley & Stephens
o R. v. Latimer
• Are we bound to obey unjust laws?
• Is it always necessary to obey the law?
• "Who is to be the judge of this sort of necessity? By what measure is the comparative
value of lives to be measured"
• Necessity is about having no other alternatives
LAW IN SOCIAL LIFE
• Max Weber
o "An order will be called law is it is externally guaranteed by the probability that
coercion (physical or psychological), to bring about conformity or avenge violation,
will be applied by a staff of people holding themselves especially ready for purpose"
Karl Marx
o Law as a "pervasive legitimizing ideology" that masks relationships of exploitation
that are integral to capitalism
o Rejected the notion that the "best possible society can be realized through state-
mediated justice
• Donald Black
o "… law is essentially governmental social control", that is, "the normative life of a
state and its citizens"
o Different societies will give rise to different laws and legal structures
o Law is a 'quantitative variable'
• Formal vs. Informal Social Control
o Formal Social Control – large, complex, heterogeneous societies
o Informal Social Control – smaller, simpler, homogeneous societies
• E. Adamson Hoebel
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Review: aristotle, natural and conventional law, fuller, valid law has an internal morality evident in, and inherent to, the craft of law making, 8 minimum requirements of "internal morality, finnis. Just laws are guided by moral principles which further the human good and encourage "human flourishing: 7 basic forms of human flourishing. By what measure is the comparative value of lives to be measured: necessity is about having no other alternatives. Informal social control: formal social control large, complex, heterogeneous societies. Informal social control smaller, simpler, homogeneous societies: e. adamson hoebel. Functions in practice: so, what do these functions look like in practice, the case of wolf lies down, the facts, the law, the outcome. Conflicts as property: courts are located outside the geography of daily life, courthouses are complex and difficult to navigate, parties are peripheral to legal proceedings. The big picture: modern, heterogeneous societies require more complex, formalized law, simple, homogeneous societies require less complex, informal law.
