Social Theory of Law - Dr. Myra Williamson

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