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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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Social Foundations of Modern Legal Form

Social Foundations of Modern Legal Form

(p.266) 14 Social Foundations of Modern Legal Form
Law in Modern Society


Oxford University Press

Despite how legal form in modern societies possesses a particular normative structure that is backed up by the support of both government and non-government bodies and a foundation of ideals, it can also be attributed to the potential rebellion of the said organizations, the tendencies of enacted law, and other attributes that may illustrate instability like the fragmentation of social relations and the weakening of social solidarity. This chapter attempts to examine the social factors that could significantly contribute to the distinct form of modern law. A genealogical approach — where events in the past are used to explain events happening in the present — is utilized in identifying those factors that support the legal form and the social conditions that may affect its existence.

Keywords:   legal form, social foundations, enacted law, social conditions, social factors

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