The sociology of law views the law as a product of social forces. From the historical perspective, European and American ideas about crime and justice were based on what was right and what was wrong from custom (Panzarella and Vona 103). The rules of the society determined what crime was and how it should be addressed
Theories about How Societies Develop and Create Their Legal Standard
In ancient times, religion was the major driver of justice. Hence, the event was controlled by deities. Deities established society and government, and people had to conform to the will of the deities. The law code inscribed on stone by Moses for the Hebrews, that is, The Ten Commandments were meant to bring order and govern society.
Ideas by Isaac Newton and John Locke on the laws of nature examined the human mind and the processes of thinking using natural laws. The theory of natural law explained how physical sensation determined mental perceptions and how they affected human behavior. Natural laws determined how laws were to be made. There also existed the theory of idealism that emphasized reason and knowing through intuition and feeling rather than emotion. Idealists believed in the mind more than theses, and logic was used as proof of anything. In a way, the scientific rigor, which was developed in the 16th and 17th centuries, was crucial to shaping this approach.
The Current Legal System in the United States
The American Constitution is a product of the Age of Enlightenment. Its framers employed the deity of reason, as well as laws of nature while writing it. Phrases such as “under God,” which is included in the Pledge of Allegiance, is a manifestation of such.
Panzarella, Robert, and Daniel Vona. Criminal Justice Masterworks: A History of Ideas about Crime, Law, Police, and Corrections. Carolina Academic Pr, 2006.
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