ABSTRACT

This chapter describes the social functions of law, explains how law may be dysfunctional for society and distinguishes the major differences between the traditional and social science views of law. It provides the major assumptions in the study of law and society and also describes a real-life historical example for which the logic of the law was in tension with just results. A hypothetical story, "The Case of the Speluncean Explorers," compellingly explored the tension between the traditional view of law and questions of justice. Although social control and dispute settlement, and the more general preservation of social order, may be the most familiar functions of law, other important functions also exist. Law is ideally functional for society in all the ways just discussed, but law also has its dysfunctions as well. The chapter also presents an overview on the key concepts discussed in this book.