Question

How do certain types of society produce certain types of legal systems? Discuss one example of how the type of society shapes the type of law.

Answer 1

There are four major legal traditions in the world: the common law, the civil law, socialist law, and Islamic law. The emerging system of international law also is briefly discussed.

On the purpose of laws in general
Many philosophers have attempted to explain the origin of law, and of civil society. The purpose of this treatise is not to examine these perpetual questions, but rather to accept the fact that laws exist and examine the role of law within civilized society, beginning with the purpose of law, and then proceeding to how that purpose may best be achieved by humanity.
The purpose of law is to produce one of two things: either an idealistic society or a practical society more tolerable than what has been labeled by some philosophers as the state of nature, in which there are no formal ties between mankind, and no civil or statutory law.
On the goals of idealistic and practical societies
The goal of an idealistic society is perfection; the goal of a practical society is stability and order.
The laws of an idealistic society are designed to promote faith in idealistic beliefs and improve the
character of individuals and this, in turn, is thought to benefit society. The laws of a practical society are
designed to resolve conflict and promote the concept of justice, and are generally concerned with regulating
interactions between individuals.
The laws of an idealistic society are concerned more generally with the welfare of thesoul,its development and preservation. The laws of a practical society are more generally concerned with the welfare of the body. The laws of a practical society promote cooperation and discourage strife among its citizens in an effort to promote the temporal needs of the body and a safe environment in which to enjoy them.
The two societies may also be understood in terms of negative and positive liberty.

A practical society is mostly concerned with setting the parameters regulating negative liberty, and the laws of such a society specify the limits of government and the limits of individuals so that individual liberties are not encroached upon in an improper manner. Conversely, an ideal society often establishes a source of divine guidance, whether it be a deity, a prominent figure or group of figures, that produces laws instructing the individual members of society on how to best govern themselves in harmony with others. While disobedience to the law is enforced with negative consequences, oftentimes the penalties are enforced upon the individuals by themselves through guilt and penitence, or as they are subjected to emotional distress stemming from the shame of failing the society or the fear of eternal punishments in the next life.
On the enforcement of laws in each society
Laws are enforced in a practical society by means of punishment and reward, reinforced with appeals
to justice. In an ideal society, laws are similarly enforced through actual punishment and reward based on a concept of justice. Additionally, as observed previously, the laws of an ideal society are further reinforced by idealistic beliefs, and in some cases, abstract punishment and reward (i.e. punishments and rewards that are not immediate, but are believed to take place at some later time in the future or in the next life).
On the effectiveness of law and the dissolution of governments.
The law of an idealistic society proves effective until the majority loses faith in the ideal. The law of a practical society proves effective until fear of punishment or aspiration for reward is lost by the majority of the people.
These two forms of society may be established under any form or structure of government;
democracies, monarchies, aristocracies, and even tyrannies rely on some form of law, whether it be idealistic or not, to maintain order. While some forms of government are certainly more compatible with the goals of either an idealistic or a practical society, what is more significant and relevant is that in every case, the legitimacy of law relies upon the tacit consent of the majority; for if the majority loses confidence in the laws,
the legitimacy of the society is undermined and the society is often overturned by revolution and new laws .