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David Mathews CJUS 5055 – Sociology of Law 2.2 Critical Thinking Exercise February 9, 2016 1. Trace the evolution of legal systems. The evolution of legal systems begins when formal and institutionalized regulatory mechanisms come into being when other control devices are no longer effective (Vago, 2012) . Legal systems are placed because society needs a tool to maintain order, especially those that have heterogeneous societies. Homogeneous societies could maintain order by publicly shaming members of their society when behavior is disapproved. However, in heterogeneous societies, varying degrees of behavior can be maintained through high divisions of labor. Laws are essential to maintain social order (Vago, 2012) . 2. How has development of societies mirrored the development of law? Law is mirrored because as civilizations and societies become more advanced laws of human nature are expounded upon. For instance, a highly developed system of law were imposed upon primitive legal systems during the expansion of the Roman Empire, “with the result that developmental jump occurred in these primitive legal systems” (Vago, 2012) . Developmental models are used in social sciences to make sense of historical events and human behavior. These models can grant insight into the levels of societies that deal with the: individual, group, community, organization, and social institution and even transformations (Vago, 2012) . Therefore, the complexity and magnitude of interplay between institution and law, legal systems have been set in place for societal development (Vago, 2012) .

3. How does the social environment of the various theorists discussed affect their view of law in society? Montesquieu’ view of law and society stems directly from his upbringing and background. His position in society could suggests his theory were best suited for the benefit of the middle-class. Herbert Spencer, unlike Montesquieu, subscribed to Darwinism because of his early life and education. Thus, as the text states his writings centered on “competition in the economic sphere”. Sir Henry Sumner Maine was a well versed scholar and traveler and because of his qualifications and experience he theorized that law and societies should be studied historically. Karl Marx compilation of theories were based on his combined education of law and literature and because of his influence “the ideology of Marxism caused more social change than any other force in the modern world” (Vago, 2012) . Max Weber held a Ph.D. in economics and traveled the United States during the early part of the 20 th century. His theory were contemporary for his time because he focused on the rational concept of society. Emile Durkheim came from a very religious background and his views were centered on the outcomes of divisions of labor of homogeneous and heterogeneous societies. One could believe that extensive family lineage of rabbis he came from influenced his works because rabbis or Jewish scholars believe in ‘hard work and labor’. Albert Venn Dicey’s family owned a newspaper and as such his theory focused mostly on public opinion. Oliver Wendell Holmes, Jr., after his father, came from a very rigorous scholarly and logical background. His works expounded on how judges should formulate laws in which he also served as a judge. Edward Adamson Hoebel viewed law and society from anthropological standpoint, in which laws are part of the community and culture. Donald Black’s background in sociology served as his foundation for his theories on social control. Roberto Mangabeira Unger’s theories were confounded by Max Weber and in which he further posits “rational legal systems within a broad historical and comparative framework” (Vago, 2012) .

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