Law In Society

1347 Words3 Pages

Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it and the theories of Petrazycki, Ehrlich and Habermas prescribes law as an important mean in the structuring of society. Leon Petrażycki’s idea of ‘intuitive law’, For Petrażycki, “All the existing theories on the nature of the properties of law ere essentially wrong because they ignored the nature of its reality.” He saw law as occupying a particular place, and law beyond state law as state law only focuses on violations of the law and not what holds people together. Law is stronger than morality, which is stronger than the state and his intuitive law depicts those legal experiences that contain no references to outside authorities. More so, Petrażycki expresses the law as a form of ethical experience and between official and unofficial laws, there is a mutual relationship.. Similar to Petrazycki’s intuitive law, Eugen Ehrlich emphasize on... ... middle of paper ... ...and connections between state law and non-state law. - They refuted natural law theories and argue the claims of legal positivism that a norm became a legal rule only if it was posited by the state. CONCLUSION: 160 words - Jürgen Habermas focused on law, as the integrative mechanism in modern society and that it has become a central position in society. - Leon Petrażycki and Eugen Ehrlich had independent work but their theories corresponded with one another in at least one respect (33). Both theorists believe that the law is found in institutions that are outside authority. - The most effective laws are those laws that are able to coincide with what people do. - - Law is the foundation of central structures of social life on which society’s integrity depends, which is why Petrazycki, Ehrlich and Habermas perceive it to be a key steering mechanism in society,

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