Concepts, types, functions of law
Different legal systems and traditions
Concept, type, function, etc.
*Law is a social process, something that evolves in time
Questions we will explore (as themes):
How do we define law and its functions?
Is law neutral?
What is “praxis” and how does it inform Legal Studies scholarship?
Categorizing Law (Definition:)
Law is an abstract term
Follows no structure
Always selling different contexts (always changing)
3 Definitions from text:
“An order will be called law if 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 specially ready for that purpose”
Webers 3 features of law:
1. Obedience through external pressure
2. External pressure as coercive force
3. Enforcers are state officials
the last one especially distinguishes state law from other types of orders (such as
religion, customs, and conventions).
Definition of law:
Informed by opinions about the principles of law
Principles of Law:
From Oxford English Dictionary:
“A fundamental truth or proposition on which others depend a general statement or tenet
forming the basis of a system of belief.”
Key principles of law in liberal democracies:
(If we don’t have legal autonomy how can we say that law is neutral. An overarching
system of the entire system)
Rule of law (no one is above the law) Separation of powers (separation between different parts of governmentexecutive,
Due process (all the little details to make sure professionals according to rules handle
your case. Making sure were administering, developing, enforcing properly)
About these principles of law:
Implicit in defin