Law (correct answers)
Traditional Legal Systems correct answers Legal systems found in less complex
societies - hunter gatherer, simple agrian societies - societies without a state
government.
Courts and law enforcements bodies assembled for resolving disputes temporarily.
- Very little distinction btw. judges and political leaders and judges and religious leaders.
- No distinction btw law and politics and law and morality
Problem with the word "Primitive" correct answers Conveys a moral judgement being
made about the societies which is not fair given the needs of a society that adopts a
traditional legal system would be very different form that of a society adopting a modern
legal system.
Why do traditional societies not require complex networks of regulation? correct
answers Traditional societies are less diverse in culture, in terms of economic means of
production, in terms of size. The law in this context is governing a very close knit
society, largely governed by kinship relationships.
Unwritten/Un-codified Law correct answers Customs, religious dogma and values, and
tradition
Substantive Law correct answers The rights, duties, and prohibitions concerning what is
right, wrong, permissible, and impermissible conduct in any given society.
Ex: May define what is a crime in particular society and may lay down the
corresponding punishment for that crime
Procedural Law correct answers The procedures by which substantive law are
administered.
Rules about the rules governing society.
Explain how to enforce and the defend the rights, obligations, and prohibitions of
substantive law.
Ex: Criminal Law: rules how about how to adjudicate.
Would prescribe the rules of fair trial, or the rules concerning human punishment.
Lays out the procedures of fair trail.
Traditional Legal Systems: Substantive Law and Procedural Law correct answers
Informal differentiation between the two.
4 Functions of Law correct answers 1. Settle disputes
2. Co-ordinates interaction and regulate exchanges.
- Make life more predictable in terms of these transactions and exchanges between
people.
, 3. Operate to legitimize existing inequalities. Justify a hierarchical arrangement of
society based on religion, caste systems, social class, supernatural or sacred.
4. Operate to punish and prevent deviant and transgressive behaviours.
Transitional Legal Systems correct answers Found in a vast agrian and early
industrialized society.
Economic, educational, and political sub-systems are increasingly differentiated.
Beginnings of distinction btw public/private law.
More complex and codified legal system.
Greater differentiation btw laws, courts, enforcement bodies and legislative structures.
More differentiated from custom, tradition, and religious dogma.
More often written and codified.
Greater differentiation btw procedural and substantive law.
Greater distinction of the law in terms of the complexity of the courts.
More institutionalized.
Legal practitioners undergoing more training.
More bureaucracy in the court.
Growth in the administrative roles of the court
Centralized gov't bodies can enact law.
Greater development of state
Great development of enforcement bodies (police force)
Clear distinction btw Legislative, Judicial, and Executive structure.
Law-making more dominated by political elite which will be applied to specific
circumstances by legal professionals.
Public law correct answers Laws that govern the duties and powers and officials.
Relationship with the secular governing authority
Private Law correct answers Relationship of individuals with each other.
Traditional Legal Systems correct answers Legal systems found in less complex
societies - hunter gatherer, simple agrian societies - societies without a state
government.
Courts and law enforcements bodies assembled for resolving disputes temporarily.
- Very little distinction btw. judges and political leaders and judges and religious leaders.
- No distinction btw law and politics and law and morality
Problem with the word "Primitive" correct answers Conveys a moral judgement being
made about the societies which is not fair given the needs of a society that adopts a
traditional legal system would be very different form that of a society adopting a modern
legal system.
Why do traditional societies not require complex networks of regulation? correct
answers Traditional societies are less diverse in culture, in terms of economic means of
production, in terms of size. The law in this context is governing a very close knit
society, largely governed by kinship relationships.
Unwritten/Un-codified Law correct answers Customs, religious dogma and values, and
tradition
Substantive Law correct answers The rights, duties, and prohibitions concerning what is
right, wrong, permissible, and impermissible conduct in any given society.
Ex: May define what is a crime in particular society and may lay down the
corresponding punishment for that crime
Procedural Law correct answers The procedures by which substantive law are
administered.
Rules about the rules governing society.
Explain how to enforce and the defend the rights, obligations, and prohibitions of
substantive law.
Ex: Criminal Law: rules how about how to adjudicate.
Would prescribe the rules of fair trial, or the rules concerning human punishment.
Lays out the procedures of fair trail.
Traditional Legal Systems: Substantive Law and Procedural Law correct answers
Informal differentiation between the two.
4 Functions of Law correct answers 1. Settle disputes
2. Co-ordinates interaction and regulate exchanges.
- Make life more predictable in terms of these transactions and exchanges between
people.
, 3. Operate to legitimize existing inequalities. Justify a hierarchical arrangement of
society based on religion, caste systems, social class, supernatural or sacred.
4. Operate to punish and prevent deviant and transgressive behaviours.
Transitional Legal Systems correct answers Found in a vast agrian and early
industrialized society.
Economic, educational, and political sub-systems are increasingly differentiated.
Beginnings of distinction btw public/private law.
More complex and codified legal system.
Greater differentiation btw laws, courts, enforcement bodies and legislative structures.
More differentiated from custom, tradition, and religious dogma.
More often written and codified.
Greater differentiation btw procedural and substantive law.
Greater distinction of the law in terms of the complexity of the courts.
More institutionalized.
Legal practitioners undergoing more training.
More bureaucracy in the court.
Growth in the administrative roles of the court
Centralized gov't bodies can enact law.
Greater development of state
Great development of enforcement bodies (police force)
Clear distinction btw Legislative, Judicial, and Executive structure.
Law-making more dominated by political elite which will be applied to specific
circumstances by legal professionals.
Public law correct answers Laws that govern the duties and powers and officials.
Relationship with the secular governing authority
Private Law correct answers Relationship of individuals with each other.
