Complete the account of the functions of law.
Durkheim distinguished ______ law, which punishes, from restitutive law, which restores a disturbed relation. Luhmann described law as generalising ______ expectations, which stay stable even when they are disappointed. Bobbio added the ______ function, which works through advantages rather than penalties. The claim that law both conserves and transforms is the thesis of its functional ______.
Word bank: repressive · normative · promotional · ambivalence · restitutive · factual
Hints
- The second blank contrasts with expectations that you revise when they are disappointed.
- The last blank names the property that makes both the critical and the liberal reading possible.
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Durkheim distinguished repressive law, which punishes, from restitutive law, which restores a disturbed relation. Luhmann described law as generalising normative expectations, which stay stable even when they are disappointed. Bobbio added the promotional function, which works through advantages rather than penalties. The claim that law both conserves and transforms is the thesis of its functional ambivalence.
The second blank carries more than it looks. A factual expectation is abandoned when reality contradicts it; a normative one is not, which is why a breach of contract makes you sue rather than stop believing that contracts bind. Law is the institution that keeps expectations in the second category.
Practise What Law Is For
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More questions on What Law Is For
- Sort each provision by the function of law it most directly performs.
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- Luhmann distinguishes normative expectations from purely cognitive ones by noting that normative expectations…
- Bobbio argued that modern law works not only by repressing undesired conduct but also by promoting desired…
- Arrange these steps in the order the conflict-resolution function requires them.
- Arrange these works of functional analysis in chronological order.
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