Social order through law

Abstract

This study represents an attempt to explore the nature of the legal order and to analyze the mode of the operation of law. It is divided into two parts. The theoretical part focuses first upon general processes of differentiation of expectational models (norms) in terms of their effectiveness and imperativeness, on one hand, and upon their articulation in systems, on the other. Second, it is concerned with the specification and definition of those attributes characterizing legal norms. While there is strong support for the conclusion that law and social structure are inextricably related, there is also considerable doubt about the presumed necessary relationship between law and politically organized society or state. This might even be stated as a hypothesis which holds that law does not depend upon the existence of a politically centralized power. In order to test this proposition, a group of preliterate African societies which apparently lack differentiated political toles, was selected for the study [TRUNCATED]