Relationship between the Social Nature and Purpose of Law in Civic Society
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Abstract
The present article analyses the problem of the social purpose of law which gets exacerbated with the increasing cultural contradictions of modern capitalism. Law may provide important tools to solve these contradictions because it is not only a product of society’s economic, political, moral and religious development, but also the source of this development.
Law here is conceptualized as a relatively autonomous factor of the social processes. The article aims to explain the general social purpose of law to control the power of legislative bodies to separate law from fundamental values.
The current research suggests that the fundamental values assumed in the social nature of law are important to contemporary civic society as well. The analysis of the order and rules of behaviour of tribal communities shows that their most important value was justice. Justice in tribal communities took the form of customs. In their assemblies, the family elders sought to administer justice on the basis of customs and the pluralism of opinions. This pluralism was not radical because its impact was inherently restricted by the existent notion of justice. The later traditions of Western law claim two purposes, namely to administer justice and to protect order. It is no coincidence, therefore, that the administration of justice as common good is the main social purpose of law.
The analysis of the model of civic society explains its understanding of the role of common good. The notion of the common good of civic society must comprise justice, solidarity, sacredness and social and religious tolerance. Civic society seeks to administer justice as common good that is inseparable from the protection of human rights and duties. It is an important, yet not essential element of the social purpose of law. The social purpose of law in civic society is to protect and preserve human rights and duties and to create opportunities for society’s development that would guarantee the increase in the quality of social life.
Law here is conceptualized as a relatively autonomous factor of the social processes. The article aims to explain the general social purpose of law to control the power of legislative bodies to separate law from fundamental values.
The current research suggests that the fundamental values assumed in the social nature of law are important to contemporary civic society as well. The analysis of the order and rules of behaviour of tribal communities shows that their most important value was justice. Justice in tribal communities took the form of customs. In their assemblies, the family elders sought to administer justice on the basis of customs and the pluralism of opinions. This pluralism was not radical because its impact was inherently restricted by the existent notion of justice. The later traditions of Western law claim two purposes, namely to administer justice and to protect order. It is no coincidence, therefore, that the administration of justice as common good is the main social purpose of law.
The analysis of the model of civic society explains its understanding of the role of common good. The notion of the common good of civic society must comprise justice, solidarity, sacredness and social and religious tolerance. Civic society seeks to administer justice as common good that is inseparable from the protection of human rights and duties. It is an important, yet not essential element of the social purpose of law. The social purpose of law in civic society is to protect and preserve human rights and duties and to create opportunities for society’s development that would guarantee the increase in the quality of social life.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
