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Universal Law
Divine rules
International Law
law treaties
local law
city/town council; ordinances
organizational law
formal organization, rules of agreed conduct
community law
social group; rules and norms
Moral Approach to Law
Law is an expression of a common moral order on which there is a general
consensus (Hayden 2018); Universal, common
Rousseau on Morality
Morality exists outside the law; the law attempts to embody moral values but
does not always succeed
Thoreau on Morality
, People can and should disobey the law on the basis of moral principles
Jurisprudence approach to law
Traditional legal definitions; Approaches law as science - "the science of law"; Law
should be consistent, orderly, logical; Law should be independent of religious,
ideological, political beliefs; Rational, logical, fair
A principle 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 Cardozo, 1924, p. 52
Jurisprudence approach
Sociological approach to law
Most broadly: A form, or type, of social control (Davis, 1962) Social Control:
Attempts by states, organizations, and individuals to regulate human behavior
Weber sociological approach to law
An order will be called a law if it is externally guaranteed by the probability that
coercion, physical or psychological, to bring about conformity or avenge violation,
will be applied by a staff of people holding themselves especially ready for that
purpose (1947 p. 127). Must have all three: Pressure to comply must be external;
External actions or threats involve force; People exist to enforce the law
Weber's Customs vs Conventions
Customs: rules of conduct that are followed with minimum thinking Sumner -
folkways (habits of a group) VS Conventions: rules of conduct that involve a sense
of duty or obligation, but lack coercive power Sumner - mores
Black's sociological approach to law
Law is essentially governmental social control; [Law is] the normative life of a state
and its citizens, such as legislation, litigation, and adjudication (Black, 1976, p. 2);
Several styles of law can exist in any society
Black's Accusatory Styles of Law