LAWS 1000 Lecture Notes - Lecture 20: Friedrich Carl Von Savigny, Jeremy Bentham, Social Evolution
31 Aug 2016
School
Department
Course
Professor
Document Summary
There has always been the controversial topic of whether: law should lead a society to its change, or if society should alter the law. Jeremy bentham at beginning of urbanization and industrialization in europe, he expected legal reforms to respond quickly to new social needs and to restructure society. Friedrich karl von savigny condemned the sweeping legal reforms brought about by the fr that were threatening to invade western europe. Customs grow out of habits and beliefs of specific people; therefore, legal changes are codifications of customs and can only be national, not universal. Law determined by sense of justice and. Law and legislation is a vehicle through moral sentiments. Legislation can only result by staying close to social norms which a programmed social evolution can be brought about. Weber"s three forms of authority (1) traditional sanctity of a tradition (2) charismatic leader and his image, persuasion (3) legal- rational, argument based on impersonal order, formalism.
