ABSTRACT

Lawrence M. Friedman's The Legal System: A Social Science Perspective and M. B. Hooker's Legal Pluralism: An Introduction to Colonial and New-colonial Laws were published in 1975. They demonstrated the Western legal academia's reflections on the pure analysis framework of "traditional law versus modern law" and the single-dimensional pattern of evolution. Friedman reviewed the concept of rights, legalism, and rules and techniques for legal fiction, analogy, and interpretations from the perspective of sociological law, which was of great innovation in contemporary America. He pointed out that a common feature found in the appeals courts of Western countries was to publish their reasoned written opinions. In most legal systems, there are two types of legal propositions: one is the "legitimacy" proposition, which can serve as the premise for legal reasoning, and the other is the "illegitimacy" proposition, which cannot serve as the premise for legal reasoning. Friedman's academic experience represents a miniature of social and legal development in postwar America.