Jesicha

Mayrisa Kirana
11000120190193
IUP Law 2020

Law and society have interrelated functions. Law is shouldn’t be interpreted in
the other (legalistic prospective). The function of law in society is to prevent
conflicts of interest. If this happens, then the law provides a way to resolve it
based on policies based on applicable norms. With the relationship between law
and society, the community's act of taking the law into its own hands will be
avoided. All problems and conflicts of interest that exist in the community must
be resolved through legal channels. This is where the functions of law and
society are related. The law contains elements of the rules of human behavior,
while the regulation is held by an official body that has the authority. As for the
characteristics inherent in the law. Prohibitions and orders must be obeyed and
obeyed by the people and there are strict legal sanctions. In essence, the law is
intended to regulate the relationship between behavior and relationships that
exist in society. Both are carried out by one person with another, an individual
with the state and regulate institutional relations in the country. With the law,
power is exercised in accordance with the function and purpose of the law itself.

Significance of law : is important because (rules) is the guideline that
accepted in the society. So it is social control to maintain social order and
discipline in society.
Social functions and dysfunctions of law.
Two ways to view law : by traditional (orthodox) and by social scientific.

1. New perspective on law
• Legalistic Perspective
• Sociological (social scientific) study of law : empirical research current
legal phenomenon
• Paradigmatic study of law : Philosophy of law
2. The issues that occur in society
• Governmental and political power
 • Racial issues, gender issues and other human rights issues
• Family matters and other daily lives subjects
3. Social functions of law
• Social control
• Dispute settlement
• Social change
• Rule of law
4. Dysfunctions of law
• Perpetuate inequality
• Benefit influential social group
• Complicate matters
5. Assumption in law and society
Its means that legal system is autonomous and law is always connected with
others.
6. Substance of law
• Effectiveness (a certain) law in affecting human behavior
• Effectiveness of (a certain) new law in changing social conditions
• Origins of substance of law ex : capitalism (static)
• Impact of social change on law (dynamic)
7. Legal procuder
• Process of enactment, civil or criminal litigations
• Effectiveness of court litigation and other informal dispute settlement
8. Operations of legal system
• Actual operations of legislative branch
• Regulatory agency
• Court of law
• Police and legal proffesion (lawyer)
9. Law’s impact on human behavior and social conditions
• Effectiveness of legal procedures
• Society’s impact on law
• Inequality of law


10. Three basic values ( Radburch)
• Justice
• Expediency
• Legal certainty
Arbitration is focusing to achieve this three values. There was time when the
legal certainty is dominant (takes control and central rule). But now justice is
added and it can’t be neglected.
11. Law, security and order : Prudential
Law is establish security and order. (operating law : should consider social
environment aspect, value, also people subject, society needs, and social illness)
12. How land and society interact
Social forces impinge on legal system and the rules and orders
13. The legal system for effective law enforcement
• Legal structure (law enforcement officers and agencies)
• Legal substance (statutory instrument)
• Legal culture (living law adhered in society also consisting of living law)
14. The purpose of law in society
• As a tools of social control
• As a tools of engineering
• As a symbol
• As a social political instrument
• As an integrator
15. Law functioning economically in society
16. Direct social function of law
• Direct (procedures of legal changes, procedures for law enforcement,
formal and material)
• Indirect (to strength or weaken the tedancy to respect certain moral
values)
17. The characteristics of law in society
• Passive nature of law (the extend to which law adapts to society)
 • The active nature law (the extend to which law can play an active the
dynamics of society towards a planned change)
18. Philosopy of law
• Legal philosophy
The anatical and normative study of law and legal concepts
• Legal theory
The theoretical study of law and it is a key topic study of law
• Legal science
The main components in the civil law tradition (after roman law, canon
law, commercial law and the legacy of the revolutionary period)
• Legal practice
The distinguish the body of judicial or administrative
19. Paradigmatically theories of law and society
• Positivism
> naïve realism : “real” reality but apprehendible
Theory :
> Legal philosophy, legal theology, and natural law
Meaning of law :
> Law as what ought to be moral or ideal precepts and ius constituendum
Trait of law :
> The principle of morality which s universal an inherent part of the
natural law system
> Justice (still) must be realized
Realm :
Normative nomoligical (moral norm)
• Post-Positivsm
> “real” rality but only imperfectly and probablistacally apprehindle
Theory :
> Legal realism / behaviroalism, legal structuralism / functionalism /
structure-funtionalism, law and society, social of law.
Meaning of law :
> Law as it is made by the judge in the court of law and ius constitutum
> Law as it is in society
 > Law as regularities
Trait of law :
> Decisions made by the judge in concreto in the judicial process
> The result of judge’s full consideration (judgment) in the court of law
> Patterns of social behavior
> Real and functional social institutions in the system of community’s life,
both in the process of restroring order and resolving disputes as well as
in the process of directing and informing new patterns of behavior
Realm :
> Normative behavioral (judicial positive norm)
> Socio-legal empirical
• Critical theories
> Historical realism : virtual reality shaped by social, political, cultural,
economic, ethnic, and gender
> Values is cryztallized over time
Theory :
> Critical legal theory, critical legal studies and feminist jurisprudence
Meaning of law :
> Law as historical / virtual realities
> Law as historically / virtually understood or believed
> Law as false consciousness or as falsely realized
Trait of law :
> A seriesof structures as a virtual or historical reality which is the result
of a long process of crystallization of political, economic, social, cultural,
ethnic, gender and religious values
> As a hegemonic instrument that tends to be dominant, discriminatory
and explorative
> At all times open to criticism, revision and transformation towards
emancipation
Realm :
> Critical empirical
• Constructivism
> Realitivism : local and specific co-constructed realities
Theory :
> Legal interpretivism / symbolic interactionism, legal constructivism
Meaning of law :
> Law as it is in human actions and interactions
> Law as interpretations of processes of interpreting
> Law as relative and contextual consensus
> Law as mental construction
> Law as experiential realities
Trait of law :
> Symbolic meanings resulting from individual or collective
interpreatitions as manifested in and from community action and
interaction
> Mental constructs that are relative, plural, diverse, intangible, local, and
specific although similar elements can be found in individualis groups of
people and different cultures
> Continuous reconstruction / revision . change in line with information
enrichment an sophistication
> Relative consensus agreement on the construction according to the
context of space and time
Realm :
> Symbolic interactional or interpretive
> Relative constructive

Disscusion :
The society in Madagascar doesn’t agree with the legal system. The
population doesn’t value law as it should be anymore because of many
injustice such politic, economic views etc. So as people gather because
they have the same way of thinking, they tend to interpret in the same
way. The society is dividing into many groups which indeed have the
same point of view about political disparities. Those groups are
fundamentally such people who are pro government, people who wants
do rebellion but are afraid to do it, people who do rebellion but don’t
achieve to do it (they don’t have capacity to do). So they losing their ius
constituendum but the government still take the profits from the society.
The paradigm that used is legal interpretivism.