ABSTRACT
This chapter draws out the characteristic features of the social structures and law forms, and shows how these are products of the ideological distinction between law and non-law which give the deception of order and the appearance of reality to the face of law. Examination of the literature shows remarkable agreement among commentators that at least three types of social structure can be classified each having a characteristic form of law and associated system of criminal justice. The chapter explains that community structures shape a form of justice that is concerned to repress individual deviation and to elevate social harmony. Individualistic structures are seen to be characteristic of large-scale societies where people perform different specialised functions and where social relations between them are instrumentally employed as rational and efficient means to achieve the overall societal goals. Drawing on the work of Weber, Renner and Pashukanis, Kamenka and Tay (1975) identify a third structure which they describe as bureaucratic administrative regulation.
