chapter  Chapter Four
30 Pages

Differential Sociology of Law (continued) (Legal Typology of Inclusive Societies)

WithGeorges Gurvitch, Alan Hunt

The infinite complexity, the richness of aspects and contents of every inclusive society—every manifestation of "total social phenomena"—prevents their fixing in sociological types, unless one takes as a point of support some particular social activity. Inclusive archaic society is the tribe formed by the repetition of a series or identical segments called clans. The collective magical Mana—basis of the particularistic social law of the brotherhoods—partly releases the latter from the grip of religious taboos. The domestic group becomes the germ of a State, and may be described as domestic-political, sometimes serving as a model for a true patriarchal State. The feudal type of society is an extremely complex equilibrium between different types of groups and their corresponding jural frameworks, an equilibrium the principles of which cannot be reduced to a single principle. The system of law of medieval society is characterized by extraordinary particularism and pluralism. The sociology of law, is concerned neither with predicting nor with evaluating the future.