by MBActivist on December 2, 2015 - 11:08pm
Blog Post #3
By studying law as a social science, we have the benefit of looking at the interdisciplinary nature of law, as well as looking how society’s values create the legal system that we have today. To further expand on the interdisciplinarity of law, we must analyze how other parts of human knowledge collaborate within it to create the science that it is. For example psychology can be used to analyse the intent of the criminal who breaks the law, or the choice words that a lawyer may use as to create a picture before a jury that is in a positive light of their client. Sociology can look at the way that society chooses to obey or disobey the law and how they interpret the validity of the legal system, whether it is a protector of social order, or a means of keeping everyone under the control of the law. Even history is directly linked to law, as history displays decisions made in the past that might dictate the way policies are enforced in the future as to prevent the repetition of negative scenarios.Therefore, various studies of humankind have their place in, and interactions with the study of law that can directly impact and influence each other. Additionally, there is another external factor that dictates how law is enforced, to the point in which they have formed a near-unbreakable symbiotic system, law and society. Without society, law would be a series of useless words on a page, that have no connection with the real world and vice-versa without law society would have a lot of a looser definition, as it is hard to govern individuals and create functioning groups without any means of social control. Society is very ingrained in law, in the way that law is created and executed reflect how human behaviour deems justice should operate. For example, the entire legal system is up to interpretation for legal officials and they may be biased due to their human nature. Additionally the legal system accounts for another flaw of human society, and that is the ability to be wrong. An example of this is the Oakes test, which is a system in place for the entire reason that we are wrong in the rules we make sometimes. Finally, law should be approached with the interdisciplinary mindset, as it allows for the most understanding and relation to the outside world as possible. As well as the fact that law would probably be very boring without treating it as a social science, where the aspects of humanity are prevalent within legal texts, giving them context in society.