CRI215H1 Chapter Notes - Chapter 1: Montesquieu, Sociology Of Law, Émile Durkheim
Document Summary
In the us: label for academic movement or field with roots tracing back to sociological jurisprudence and legal realism of early 1900s commitments from fields like legal sociology, legal history shared commitment to the social scientific study of law. Term covers everything about law, except for legal doctrine in isolation. Idea: law is a mirror of society that functions to maintain social order (aka the mirror thesis) Proposition 1: law reflects the intellectual, social, economic, and political climate of its time. Baron de montesquieu: law is and shouldbe tailored to particular customs, manners, religion, commerce and political system to each climate"s country. Henry maine: ancient society revolved around families, aggregated into tribes and clans. Primacy was accorded to the community; law based on status of person within group ideal as society shifts form primacy of the family to the primacy of the individual, law shifts from status to contract.