LAWS 1000 Lecture Notes - Lecture 1: Georg Simmel, Ahoy Rotterdam, Master Of Laws
6 Oct 2015
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Document Summary
Perspective of law provide us with a way not only to understand the law as it is but also as it ought to be. Reveal understandings about the way societies are constituted. Help reveal existing hierarchies in societies and also the way societies are held together failures show web of orders . Not all societies employ law as we understand it (eg. property rights) Traditional societies often said to depend on custom as source of rules and to resolve disputes through conciliation or mediation by leaders/elders (hoebel) Traditional societies more homogenous than modern industrialized ones, shared set of common interests and relations are more intimate (durkheim) Point of similarity between law and sociology (social sciences) Menkel-meadow"s 3 questions: what is law as a field? (boundary problems) Substantive (the law that actual deals with conflict) vs. Procedural (lay out procedures for laws, rules about rules) vs.
