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1 - Law and society

Phil Harris
Affiliation:
Sheffield Hallam University
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Summary

One of the many ways in which human societies can be distinguished from animal groups is by reference to social rules. We eat and sleep at certain intervals; we work on certain days for certain periods; our behaviour towards others is controlled, directly and indirectly, through moral standards, religious doctrines, social traditions and legal rules. To take one specific example: we may be born with a ‘mating instinct’, but it is through social rules that the attempt is made to channel this ‘instinct’ into the most common socially-sanctioned form of relationship – heterosexual marriage.

Marriage is a good example of the way in which social rules govern our lives. Not only is the monogamous (one man/one woman) marriage supported by the pre-dominant religion in British history – Christianity; it is also maintained through moral rules (hence the traditional idea of unmarried couples living together being ‘wrong’) and by the operation of rules of law which define and control the formalities of the marriage ceremony, lay down who can and who cannot legally marry, specify the circumstances whereby divorce may be obtained, define the rights to matrimonial property upon marital breakdown, and so on.

Marriage is only one example of social behaviour being governed through rules. Legal rules are especially significant in the world of business, with matters such as banking, money, credit and employment all regulated to some extent through law.

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Publisher: Cambridge University Press
Print publication year: 2006

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  • Law and society
  • Phil Harris, Sheffield Hallam University
  • Book: An Introduction to Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511801105.002
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  • Law and society
  • Phil Harris, Sheffield Hallam University
  • Book: An Introduction to Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511801105.002
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Law and society
  • Phil Harris, Sheffield Hallam University
  • Book: An Introduction to Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511801105.002
Available formats
×