SOCIOL 2309 Lecture Notes - Lecture 2: Legal Positivism, Leviathan, Textualism

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Document Summary

Sociology of law: sociology of law use of empirical data to describe and explain the behavior of legal actors and institutions. Relationship between legal and social in creation, enforcement and practice of law: law as behavioral system. Search for patterns of behavior between law and society. Formal roles and written rules defined by law do not predict everyday legal behavior: law as a cultural symbol. Internal law as autonomous external law as part of. Empirical: law is valid only when backed by certain moral principles, key axioms. Procedural morality process of lawmaking and enforcement must adhere to certain principles. Commonality = if law didn"t adhere to certain principles, it isn"t valid. Morality of law by fuller: for law to be law . Congruence between law and enforcement: fuller: prefers procedural natural law. Positivism: hobbes: views on human nature and the state. Humans must give up personal liberties in exchange for state protection (b/c selfish)

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