Objectives
On successful completion of this module, you should be able to demonstrate –
LO1: Knowledge of (d) major social theories of law and justice
LO3: Thinking skills
- Identify and articulate major social explanations and critiques of legal issues
- Comprehend major materials of social theory
- Apply reasoning and research relating to social theories of justice to generate appropriate responses to legal issues
Learning resources
Ratnapala, 221–262
Selected Reading 8.1: Raymond Wacks, Understanding Jurisprudence: An Introduction to Legal Theory (2nd ed, 2009) 203–213.
Reflection
1. Consider the nature of law in ‘primitive’ societies. Why is it that ‘early’ law is rigid, and possesses a high degree of formalism?
2. What does Weber mean specifically by ‘rational’ or ‘rationalised’ law?
3. What is the role of lawyers in achieving the ‘rationalisation’ of law?
Prepare answers to all five questions
- What do we mean by the ‘division of labour’? According to Marx, what is the necessary result of an increasing division of labour, ie of increasing specialisation?
- According to Marxist theorists, what effect would (a) the dictatorship of the proletariat and (b) pure communism have on law?
- From Selected Reading 8.1 – for Weber what was ‘the England problem’? Describe it carefully.
- Does Weber solve the England problem satisfactorily?
- According to Durkheim, what is the result of an increasing division of labour, ie of increasing specialisation?
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