Social ontology and responsive law

John W. Murphy

pp. 341-355

in: James L. Golden, Joseph J. Pilotta (eds), Practical reasoning in human affairs, Berlin, Springer, 1986

Abstrakt

Currently various writers are calling for the development of "responsive law".¹ Simply put, they argue that presently law is too abstract, and therefore does not adequately relate to the communities where it is instituted. Using the language supplied by Weber, law has become merely a technological medium that serves to enforce social order by systematically regulating interpersonal discourse.² Accordingly law is rigorously codified and formalized, and thus establishes order by invoking extremely rationalized standards of demeanor. And it is believed that this approach to understanding law promotes the eventual creation of norms that are considered to be absolute, and are able to guide social action with a high degree of certainly.