LS101 Lecture Notes - Lecture 3: Legal Realism, Group Cohesiveness, Collective Consciousness
30 Nov 2016
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Important role of punishment under the law as an expression of collective moral attitudes that preserve social solidarity. Looked specifically at how we maintain social cohesive with society changing and advancing. Felt that the law and more specifically criminal law was something that kept society together. Felt that crime was a necessary part of society to a certain extent. Collective consciousness: a certain set of values held by all of society. 3 ideal stages of law: charismatic, traditional where charisma can be institutionalized through decent or law making powers being passed down to a successor (ex. a monarchy, rational- rational legal stage. Where there is a systematic elaboration of the law. Economic status of a society can impact the type of law. Law as an instrument of control of the proletariat by the bourgeoisie. Law is a direct expression of the will of the dominant class.
