NCJ Number
4528
Journal
ISSUES IN CRIMINOLOGY Volume: 7 Issue: 1 Dated: (WINTER 1972) Pages: 1-35
Date Published
1972
Length
36 pages
Annotation
A DISCUSSION OF BOTH TRADITIONAL AND RADICAL VIEWS OF THE ORIGIN, PURPOSES AND FUNCTIONING OF LAW IN SOCIETY.
Abstract
THE TRADITIONAL VIEW OF LAW AS A SPECIALIZED FORM OF SOCIAL CONTROL IS BASED ON THE ASSUMPTION THAT MAN MUST BE RESTRAINED AND REGULATED. THE RADICAL PERSPECTIVE MAINTAINS THAT MAN CANNOT BE BOUND BY LAWS TO WHICH HE DOES NOT GIVE HIS CONSENT. THE ONLY VALID LAW IS ONE THAT APPEALS TO THE CONSCIENCE OF THE INDIVIDUAL. LAWS DICTATED BY THE RULING CLASS OR GOVERNMENT CANNOT SERVE THE NEEDS OF A HETEROGENEOUS SOCIETY.