II: Theories of Law and Society

1. What are the differences between the primitive and modern societies, and their legal
systems?

Primitive society refers to the small scale societies. It is the ancient practice of the community. It
derived from the indigenous . it is the element of communities. Whereas modern society means
refer to the large-scale organizations. Today in the world the modern societies co-exist for
development. It is that practice which relates to the industrial mode of production.
Primitive society : small, close kinship homogeneous, customs+organization uncodified, religious
standards, clear division, uncodified sanctions
Modern society : heterogenous , huge , impersonal , need for law.formal institution.control

2. What type of society do you think Tristan da Cunha is? Why would you describe it as
such?

TRISTAN DA CUNHA is a british overseas territory : one of the remaining former colonies
which have not yet asked for independence, and wish specifically to retain their link with
the UK . for tristan, the link dates back to 1816, when the island was garrisoned by
britain. Britain, through the territory’s governor ( appointed by and representing HM The
Queen ), retains responsibility for external relations, internal security, defence and the
Tristan public service.
Tristan da cunha was formerly a Dependency of St Helena. However, under the 2009
constitution, it became a separate territory, albeit with the same governor, chief
justice, supreme court, and attorney general as st helena. It has its own legislature,
which consists of the governor acting after consultation with the island council(s.216
of constitution) although many of the laws of st helena also apply (if suitable and not
contrary to other applicable laws) as may some of the laws of the UK

3. Based on the Legal theories discussed during lectures, which do you think is most
relevant and applicable to today’s modern Malaysian society?

[Discuss these legal theories: Natural Law, Baron de Montesquieu, Marx, Holmes and
Contemporary theories]

- Natural law basically believed that law is based on higher principles more superior than man. It
is unwritten, universal, innate, timeless…..it is profess to be a universal law example like
penang…Theories of natural law. Presumption that through reason we can know natural law,
which provides the basis and legal ordering in society. Law maker bound…lex injusta non est
lex…eg:aristotle,thomas aquila’s….purpose of law is the same…eg:no pro-abortion laws

- As for according to holmes, law is a body of edits represent the will of the dominant interest of
society. Law sets out to build a race.
- According to karl marx , every society rest on its ‘modes of production of commodities’ ,
superstructure. For him, there are 2 classes of society. Law is (1) product of economic forces; (2)
tool of the bourgeoisie to maintain power; (3) instrument of socia control…law is a form of class
rule same by public authority
- According to baron de montesquieu, accoding to his tesis of “spirit of laws”..law is integral to a
person’s culture…law is not universal it is relative/ subjective….society shapes the law and so all
laws must be assess against this. Good law fits…
- contemporary theories like donald black , roberto mangabeira unger