Law and society, although different, are directly related to each other. Laws are meant to be rules that reflect values of the society, although this is often not the case. Laws are often created and applied in ways that help the majority and marginalized unwanted groups such as the poor and minority groups. While Rousseau views law and society as a tool used to maintain the divide between the wealthy and the poor from the onset of civilization, Barkman sees law and society as a pure idea that has been occasionally misused in American society.
Customs are societal rules that are enforced by informal sanctions. Laws are customs that are passed, implemented, and enforced by the government. Barkman views law and society as intertwined. He believes that the law affects how individuals conduct themselves, and also regulates their everyday interactions with family, business, and property. Barkman states that there are five reasons that people follow laws: fear of punishment, a feeling of democratic obligation, fear of peer pressure or informal sanctions, fear of self harm, and habit. Barkman sees law as a tool that was created in order to maintain society, that has been used in American to marginalize groups. …show more content…
Rousseau states in his second discourse “The first man who, having enclosed off a piece of land, got the idea of saying ‘This is mine’ and found people simple enough to believe him was the true founder of civil society” (Rousseau, 19). Although this was not a “law” because it was the start of civilization and there was not a sanctioning body, it is similar in the sense that there was a rule for the first time, and likely a consequence of physical harm if it was broken. Without basics such as property rules, it is hard to say if society as we know it would
Customs are societal rules that are enforced by informal sanctions. Laws are customs that are passed, implemented, and enforced by the government. Barkman views law and society as intertwined. He believes that the law affects how individuals conduct themselves, and also regulates their everyday interactions with family, business, and property. Barkman states that there are five reasons that people follow laws: fear of punishment, a feeling of democratic obligation, fear of peer pressure or informal sanctions, fear of self harm, and habit. Barkman sees law as a tool that was created in order to maintain society, that has been used in American to marginalize groups. …show more content…
Rousseau states in his second discourse “The first man who, having enclosed off a piece of land, got the idea of saying ‘This is mine’ and found people simple enough to believe him was the true founder of civil society” (Rousseau, 19). Although this was not a “law” because it was the start of civilization and there was not a sanctioning body, it is similar in the sense that there was a rule for the first time, and likely a consequence of physical harm if it was broken. Without basics such as property rules, it is hard to say if society as we know it would