NCJ Number
50437
Date Published
1975
Length
346 pages
Annotation
THE IMPACT OF SOCIAL FORCES ON THE LEGAL SYSTEM AND WAYS IN WHICH RULES AND ORDERS PROMULGATED BY THE LEGAL SYSTEM AFFECT SOCIAL BEHAVIOR ARE EXPOUNDED.
Abstract
THE PRINCIPAL ARGUMENT OF THE BOOK CENTERS AROUND CERTAIN PROPOSITIONS. THE FIRST CONCERNS LEGAL BEHAVIOR, I.E., THE IMPACT OF RULES, ORDERS, AND COMMANDS ON CONDUCT. THE PROPOSITION STATES THAT THREE CLUSTERS OF FACTORS DETERMINE THIS IMPACT: SANCTIONS, SOCIAL OR PEER GROUP INFLUENCE, AND INTERNAL VALUES. WITH REGARD TO THE NATURE OF THE LEGAL SYSTEM, THE BASIC PROPOSITION IS THAT SOCIAL NEEDS AND DEMANDS DETERMINE THE SYSTEM'S CONTENT. THE TERM 'LEGAL ACT' IS USED TO REFER TO ANY RELEVANT BEHAVIOR BY A PERSON WITH AUTHORITY WHO ACTS WITHIN THE LEGAL SYSTEM, SUCH AS JUDGES, LAWYERS, LEGISLATORS, AND OFFICIALS. TYPES OF LEGAL ACTS ARE DISCUSSED AND CLASSIFIED, AND CONDITIONS UNDER WHICH LEGAL ACTS MAKE OR DO NOT MAKE AN IMPACT ON THOSE TO WHOM THEY ARE ADDRESSED ARE ANALYZED. LEGAL ACTS THEMSELVES ARE VIEWED AS PRODUCTS OF SOCIAL FORCES. CULTURE AND IDEOLOGY ARE IMPORTANT INTERVENING VARIABLES THAT DETERMINE WHEN INTERESTS BECOME DEMANDS. TOPICS COVERED IN THE BOOK INCLUDE THE EFFECTIVENESS OF LAWS AND THEIR ORIGIN; THE RELATION AMONG LAWS, POWER, AND THE SOCIAL STRUCTURE; THE LEGAL CULTURE; AND SOCIAL AND LEGAL CHANGE. THE EFFECT OF THEORIES OF LEGITIMACY ON THE DEVELOPMENT OF LEGAL NORMS IS EXAMINED. A BIBLIOGRAPHY AND AN INDEX ARE INCLUDED. (DEP)