Social Theory of Law

1. Social Theory of Law Assistant Professor Dr Myra Williamson KILAW Fall semester 2012

2. 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

3. Social theory • Social theories are theoretical frameworks which are used to study and interpret social phenomena within a particular school of thought.

4. 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”

5. 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.

6. 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

7. Sociology • The science or study of the origin, development, organization, and functioning of human society. • The study of social problems.

8. 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.

9. Jurisprudence • The philosophy or science of law. • Philosophy = the rational investigation of questions about existence and knowledge and ethics

10. 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

11. 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

12. 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