Evolution of Legal Systems
In what type of system are laws usually not written or codified and coexist with ancient norms?
Primitive legal systems
Who believed “law is reason free from passion”?
Aristotle
Who classified legal systems as rational or irrational?
Max Weber
Who believed law is a tool used by the ruling class?
Karl Marx
What type of societies rely mainly on informal social control?
Small, homogeneous, isolated societies with little division of labor
Which philosopher believed that natural law is part of human nature and linked to God’s eternal law?
St. Thomas Aquinas
Who said law reflects social solidarity?
Emile Durkheim
What is the term describing society’s economic foundation?
Mode of production
Which legal system develops distinctions between public and private law as well as criminal and tort law?
Transitional legal systems
Who argued that law is integral to a people’s culture and supported the separation of powers?
Baron de Montesquieu
What two types of solidarity did Durkheim describe?
Mechanical and Organic
Who believed law can be measured by how often punishment is applied?
Donald Black
What modern feature of the legal system involves courts mediating and mitigating conflict?
Modern legal systems
Which theorist introduced the idea of “primitive/military” and “industrial” stages of society?
Herbert Spencer
Who introduced the concept of “the rule of law”?
Albert Dicey
Which theory rejects the idea that legal decisions are inevitable?
Critical Legal Studies
In modern legal systems, what becomes a mechanism for social change?
Law
Who said societies move “from Status to Contract”?
Sir Henry Sumner Maine
Which theorist argued that judges make law and base decisions on their idea of justice?
Oliver Wendell Holmes Jr.
Which theory focuses on discrimination and racism being embedded in society?
Critical Race Theory