How Law Affects Society

3172 Words Jan 26th, 2018 13 Pages
Benjamin Nathan Cardozo and Oliver Wendell Holmes, Jr.Cardozo define law as “a principle or rule of conduct so established as to justify a prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged.”[ Law and Society : Readings on The Social Study of Law by Stewart Macaulay, Lawrence M.Friedman, and John Stookey (Editors). New York: W.W Norton & Company, 1995. 912pp. Vol.7 No.6 (June 1997) pp.281-291.] Law, from laymen’s perspectives would likely be just some rules that they should obey in order to avoid any punishments given by the authority but others who have the knowledge in law will have a wider interpretation of the usage of law in society. As for Donald Black, he is of the opinion that law is an essentially governmental social control. He stated that law is “the normative live of a state and its citizens, such as legislation, litigation and adjudication” while Max Weber also stated that law is an order which is used to control the society in physical or psychological ways[ Max Weber, "The Protestant Ethic and the Spirit of Capitalism"].
2.0 The functions of law in society Law is used to control the action of the people by physical means through the enforcement of punishments whereas awareness given to individuals of the society about the impact of a particular wrongful…
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