LAWS 1000 Lecture Notes - Lecture 2: Montesquieu, Critical Legal Studies, E. Adamson Hoebel
26 Nov 2015
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Introduction to theories of law: a general mapping of its evolution . Few legal theorists and different perspective on law (its conditions and functions) Traditional system transitional system modern system. Referred to by some scholars as primitive society, old ways . Functions essentially the same across the board, find laws that: No well-developed sub-political system(s) simple, not a lot of complexity. Although some distinctions possible, often conflation (mix) of substantive (what?) You should not kill vs. how to make sure people don"t kill, what to do when they do. Economic, educational and political systems increasingly differentiated from kinship. Criminal versus torts laws also becomes distinct. Practice of common law provokes greater codification and systematization of laws. From serving the elite, more general and engulfing in scope. Specialized legal professionals, a visible degree of political and national unity. Extensive network of local and national statutes, private and public codes, crimes and torts, common and civil, substantive and procedural.
