Law In Social Order: What Is The Norm? Introduction To The Theory Of Law

Most of the questions concerning social norms, their definitions, constituents, foundations and practical aspects are central to social studies. Therefore, they have always been the focus of the legal scholars’ attention. Within this course we are going to start by focusing on a pivotal question: why do we as a society need law? - we will try to frame it and to get introduced to the discipline-specific terminology: Rule of Law, Public order, etc. We are going to analyze the main directions of the evolution of ideas about social order and norms as a means to regulate human behavior - thus trying to develop their integrative definitions.

The course looks at a genesis of legal norms and the mechanisms of their enforcement, taking into account the efficiency and fairness concepts. It then considers the limits of behavioral theories of law and social norms. We will also explore the relations between legal norms and public policy, with law being a regulator of social relations. Here it will be useful to analyze how law correlates with other social institutions, i.e. a state and limits of its interference, economics and social interests.

Another insightful perspective to look at the issue is the concept of legal awareness, legal culture, similarities and differences of law vs. morality. During the 7th week of the course we will try to summarize all that we’ve learned regarding various motivations to obey the law. By understanding these motivations, one can ascertain what can be done in order to maintain the rule of law and to somehow identify the effectiveness criteria of the existing system of social regulation. Last two classes we will talk about the role of legal and law enforcement professionals - what it takes and what skills are required. The course provides for a set of assignments: preparation of a key terms glossary, a class presentation and a written reflection.