Law in Society

Law in Society

Answer 1

Law is the body of rules of detailed conduct, prescribed by existing, lawful authority, in a particular jurisdiction, and at a particular point of time. Depending on one's viewpoint of the legal system, law may be perceived either providing the means and chance to confront the existing social order or liberating or oppressive preserving the status quo (Rabe et al, 2008).

Scholars writing in law and society field have indicated that there are as many definitions of law as there are theorists. The three definitions of the law mentioned in Vago text are given below:

Benjamin Nathan Cardozo defines law as “a principle or rule of conduct so established as to justify a prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged.” (Vago, 2012). The ethical and moral implication of law defined by Cardozo, defined pragmatic approach to law as discovered by decisions rendered by courts. The idea of court is supported by the reliable force of a opinionated state for effective implementation of law.

From sociological viewpoint, one of the most powerful definitions of law is given by Max Weber. He defines law as “An order will be called law if it is externally guaranteed by the probability that coercion (physical or psychological), to bring out conformity or avenge violation, will be applied to a staff of people holding themselves especially ready for that purpose.” (Vago, 2012). The ethical and moral implication of law defined by Weber involves application of external pressures in forms of actions or threats for enabling compliance with the law whether the person wants to obey the law or not.

From a different perspective, Donald Black contends that law is essentially governmental social control. He defines law as “the normative life of a state and its citizens, such as legislation, litigation and adjudication.” (Vago, 2012). The ethical and moral implications of law defined by Black involve maintaining the law through four styles of social control. The four styles includes; penal, therapeutic, compensatory and conciliatory.

Answer 2

Romano-Germanic System

The Romano-Germanic legal system refers to legal science that has formed on the basis of civil law. The basis of this system is the compilation of rules formed under the Roman emperor Justinian in the sixth century. It is code based law and judges do not interpret the law but instead follow the predetermined codified legal rules for making legal decisions. ...