Sociology 2260A/B Chapter Notes - Chapter 2: Montesquieu, Legal Positivism, Procedural Law
1 Feb 2017
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Soc 2260 ch 2- theoretical perspectives pg 24-55. No single widelyaccepted comprehensive theory of law and society evolution of legal systems. Formal coded law emerges when social structure of society becomes so compelx that regulatory mechanisms and methods of dispute settlement can no longer be dependent on informal customs and social, religious, or moral sanctions. Legal development and industrialization, urbanization, and modernization have been closely intertwined. Developmental models have been used too. they deal with transformation at various levels in society (individual, group, community, organization, and social institutions) or even the society as a whole. Not written or codi ed, permeated by customs, tradition, religious dogma, and values. Often coexist with ancient norms and comparatively undifferentiated. There is a distinction between substantive and procedural laws. Substantive: consist of rights, duties, and prohibitions concerning what is right, wrong, permissible and impermissible, Procedural: rules concerning how substance law is to be administered, enforced changed, and used in mediation of disputes.
