PHL 612 Study Guide - Midterm Guide: Paternalism, Totalitarianism, Morality
3 Dec 2015
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Law is custom: law"s function is to maintain social order. Strengths/benefits: 1 benefit is that these customs aid in social ordering. In a society, law is understood as a general rules of conduct, thus aiding in social ordering. Tamanaha argues that order cannot exist without law and societies must have law. A second benefit would be that this concept is really flexible, enables theorists to look at any society and find law. Theorists say there are these broad norms at the international level, there may not be a worldly police but you can still have broad norms. This concept is so broad that it has the potential to include etiquette, morals, religious practices and even fashion and mundane customs. You wont be prosecuted for breaching fashion norms. Thus you need to differentiate law from social customs and norms. You can choose your own fashion, but law is not open, you cannot choose laws.
