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Law in Modern Society$
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Denis Galligan

Print publication date: 2006

Print ISBN-13: 9780199291830

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199291830.001.0001

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The Social Value of Law

The Social Value of Law

Chapter:
(p.213) 12 The Social Value of Law
Source:
Law in Modern Society
Author(s):

D. J. GALLIGAN

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199291830.003.0013

Like the previous chapter, this chapter expounds on one of the two key points which is the social value of law. The social value of law refers to the role of law in regulating private transactions, imposing sanctions for criminal activity, and other activities that may contribute to social goods. In assessing the social value of law, the chapter uses an approach that considers how certain social goods promote a better quality of life, and looks into how law may be able to aid in attaining and securing each social good. It looks at the second methodological principle to determine the actual effects of the qualities of law since empirical methods of investigation are used to analyse how officials and citizens take law in hand. The chapter generally adopts a constitutive view to determine the influence of law in structuring society — a collective term for how law organizes the world ‘into categories and concepts’ and accounts for ‘thought and action’.

Keywords:   social value of law, social goods, quality of life, society

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