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KEY TERMS

Formal irrationality Max Webers term for law based on supernatural forces

Formal rationality Max Weber’s term for law based on consistent, logical rules independent of moral, religious, or other normative criteria that are applied equally to all cases

Mechanical solidarity Emile Durkheim’s term for the social order in relatively simple and homogeneous societies that results from close interpersonal ties and similarity of habits, ideas, and attitudes

Modern legal systems legal systems marked by the rise and widespread use of administrative, constitutional, and statutory law

Natural law the law of God and human nature that transcends the positive law of any particular nation or society

Organic solidarity Emile Durkheim’s term for the social order in modern societies that results from the interdependence of widely

different persons and groups performing a variety of functions

Repressive law Emile Durkheim’s term for the punishment found in societies characterized by mechanical solidarity

Restitutive law Emile Durkheim’s term for the legal response to deviance found in societies characterized by organic solidarity

Substantive irrationality Max Weber’s term for law in which cases are decided on some unique religious, ethical, emotional, or political basis instead of by general rules

Substantive rationality Max Weber’s term for law based on the application of rules from nonlegal sources such as religion, ideology, and science

Traditional legal systems the informal norms of small, homogenous societies

Transitional legal systems the law found in advanced agrarian and early industrial societies

 
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