LAW AND SOCIETY: FROM PROSCRIPTION TO DISCOVERY
AbstractIn order to reexamine what makes social life worth living, this article raises questions about the nature of social life, about what kind of social instrument law is and about how the two relate to each other. It discusses the relationship between legal thinking and various aspects of the social sciences, focusing largely on language. It examines how legal and social processes based on progress, planning and knowledge have resulted in a system that has codified ethical assumptions under the notion of peace, order and good government and obscured the notion that the law serves society better as a mode of discovering values rather than imposing them. The author believes changing the system to one of discovery rather than proscription will take more than the simple standardization of legal procedure that has already occurred.
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