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Lecture

SOSC 2350 - November 26.docx

4 Pages
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Department
Social Science
Course Code
SOSC 2350
Professor
Sadia Mariam Malik

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Description
Bentham Law leads societyIntention of the law is to create greatest good that support greatest number of people Law should intervene with society because it is making positive changesSees confidence in the power of law to create changeLaw is an authority for Bentham and societycredibility and weight behind the lawPeople obey the law even if they do not agree with it because it serves a greater good or justiceor because they fear disobeying the lawConfidence in a sense of benefit of the lawstabilityVon Savigny People behave a certain way because they somehow agree that this is the best way to function o This then becomes formulized in the lawo Something has to be established through several yearsLaw follows society and social change o Suggests law is a popular creationmade in interaction among citizens Law determined by justice and the way things ought to beThe implicationradical social change is too much of an unreliable foundation for lawLaw needs to be established over time Is law dependent or independent variable in social change Benthamlaw is independent from societyit is very clearly leading society designed by legislators who are guided by reason scientific data needs in society Individuals given the task know what is best for societyCan change society Von Savignylaw is a dependent variable o Sedimentation of that in which is already established in customs o Law is determined and shaped by the current mores in society o Law is not able to change society it is able to support society Social change as a cause of legal change Bentham approachChanges to law result in changes in social conditions attitudes technologiesIe Liberalization of Canadian Divorce Lawchanges agency people have in marriage
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