Social Theory of Law

Assistant Professor Dr Myra WilliamsonKILAW

Spring semester 2013

Frequently used terms

During the lectures over the coming weeks, you will be introduced to new ideas and vocabulary

Here are a few words, and their meanings, that you will hear

Take some time to translate and consider the meaning of these words if they are new to you

We will add to this as we go

Note: the word is at the top of each slide, the definition/meaning is in the body of the slide

When a word is in bold, that word is also separately defined on its own slide

Social theory Social theories are theoretical frameworks

which are used to study and interpret social phenomena within a particular school of thought.

School of thought The point of view held by a particular

group: "We have many schools of thought in the intelligence services" (Tom Clancy).

A belief (or system of beliefs) accepted as authoritative by some group or school

Usually ends with “…ism”

Theory A set of statements or principles devised to

explain a group of facts or phenomena, especially one that has been repeatedly tested or is widely accepted and can be used to make predictions about natural phenomena.

The branch of a science or art consisting of its explanatory statements, accepted principles, and methods of analysis, as opposed to practice: a fine musician who had never studied theory.

Theoretical Of, relating to, or based on theory.

Restricted to theory; not practical: eg. theoretical physics.

Given to theorizing; speculative.

Synonyms: theoretical, abstract, academic, hypothetical, speculative

Sociology The science or study of the origin,

development, organization, and functioning of human society.

The study of social problems.

Ideology The body of ideas reflecting the social needs

and aspirations of an individual, group, class, or culture.

A set of doctrines or beliefs that form the basis of a political, economic, or other system.

The body of doctrines, philosophical bases, symbols, etc., associated with a particular social or political movement, large group, or individual.

Jurisprudence The philosophy or science of law.

Philosophy = the rational investigation of questions about existence and knowledge and ethics

Jurisprudence cont’d…

Asks questions such as:

What is law?

Where does law come from?

Why do we obey law?

Punishment?

For the good of society?

What is “good” law?

Discuss

Natural Law A rule or body of rules of conduct inherent

in human nature and essential to or binding upon human society

An ethical belief or system of beliefs supposed to be inherent in human nature and discoverable by reason rather than revelation

Legal positivism (or just ‘positivism’)

A doctrine contending that sense perceptions are the only admissible basis of human knowledge and precise thought.

Bases all knowledge on perceptual experience (not on intuition or revelation)

The system of Auguste Comte designed to supersede theology and metaphysics and depending on a hierarchy of the sciences, beginning with mathematics and culminating in sociology.

Any of several doctrines or viewpoints, often similar to Comte's, that stress attention to actual practice over consideration of what is ideal