LAWS 1000 Lecture Notes - Lecture 4: The Foundations, Human Frailty, Mechanical And Organic Solidarity
Document Summary
Ideally society founded on set of shared values = maintain "social solidarity"! The "law of the land" confonts the "custom of the sea"! Shift from "mechanical solidarity" (pre-mod) to "organic solidairity"! Traditional society= went to the same places, churched. Looked the same. speak the same language as me. Rely on others in daily life in orde to be able to live your life. Have different occupations and all of them are needed. Each part in the organism is necessary for the organism to work properly! Organic solidarity: just punishing them because we need them. Shift from religion to new social institutions to maintain social solidarity! Shift from law as "repressive law(crim) to "restitutive law" (civ)-balck " styles. Modern law: moderate between the different understanding of the law and views of the law. Not to impose what law is for everyone. Morality concerned with only right and wrong )absolute)! Law does not identify what is right and wrong for people!
