Basic Concepts in Law and Society Ratih Lestarini L. I. Nurtjahyo INTERNATIONAL CLASS-FHUI

INTERNATIONAL CLASS-FHUI What is a society? Society is a group of people who occupy a particular territory and speak a common language not generally understood by neighbouring peoples.” (Ember&Ember, 1996) INTERNATIONAL CLASS-FHUI

INTERNATIONAL CLASS-FHUI Plural Society Societies that have a diversity of cultural patterns.”(Haviland, 2000: 386) “Social and political interaction of people with different ways of living and thinking within the same society.”(Haviland, 2000: 805) INTERNATIONAL CLASS-FHUI

INTERNATIONAL CLASS-FHUI What is law? T.O. Ihromi: Law as the aspects of culture, has two functions First, rules of behaviour  set the rules for the society how to behave. Second, the mechanism of social control.  law should be sosialized and internalized so the norms become as a part of the individual and communal personality. Internalization process is not always smooth, sometimes there are some resistances of the norms . INTERNATIONAL CLASS-FHUI

INTERNATIONAL CLASS-FHUI What is law?(2) The denial / violation of norms  will be rewarded with a soft reproval or moral sanction. If the violation get heavier, the authorities in the society will give hard penalties / sanctions for the perpetrator (e.g. fine, physical punishment). Sanctions: positive (rewards), negative (punishment) INTERNATIONAL CLASS-FHUI

INTERNATIONAL CLASS-FHUI What is law? (3) Sulistyowati Irianto: living anthropological documents. This means that law are not only state law, but also "laws" that constructed by the community and live among them, namely: the values​​, norms, institutions, rules relating to religion, customs and habits, and contracts. Law must be placed in reality context. INTERNATIONAL CLASS-FHUI

INTERNATIONAL CLASS-FHUI What is law?(4) Pospisil, there are four attributes of law: authority, universality, obligatio (not obligation!), sanction. INTERNATIONAL CLASS-FHUI

INTERNATIONAL CLASS-FHUI What is law? (5) E. Adamson Hoebel Social norms are legal norms, if that ignorance or violation will be threatened by threats or acts, by a person or group, who has the authority for it and who gets recognition by the society to do so. the (from Haviland, 2000) INTERNATIONAL CLASS-FHUI

INTERNATIONAL CLASS-FHUI What is law?(6) Bronislaw Malinowski  law includes rules to determine human tendencies, desires or instinctive impulse. The law also includes rules that protect the rights of citizens against malignancy, greed and malice toward others. Law is different with the custom, because "law is seen as an obligation of the parties to the right of the other party that is not only supported by psychological motives, but also by the strength of binding based on interdependence ... "(the principle of give and take) INTERNATIONAL CLASS-FHUI

INTERNATIONAL CLASS-FHUI What is law (7) Maria Farida Indrati: The rule of law is heteronomous because it comes from outside of us; Legal norms are always connected with penal sanctions or physically sanctions; Penal sanctions in the norm of law implemented by the state; INTERNATIONAL CLASS-FHUI

INTERNATIONAL CLASS-FHUI What is Culture (1) Culture is that complex whole includes: knowledge, beliefs, arts, morals, law, custom and any other capabilities and habits acquired by man (both genders) as a member of society (EB. Tylor, ) INTERNATIONAL CLASS-FHUI

INTERNATIONAL CLASS-FHUI What is culture (2) Koentjaraningrat (1989): the word ‘culture’ in Bahasa Indonesia is ‘kebudayaan; which is constructed from two Sanskrit words: budi-dhaya. ‘kebudayaan’ refers to all of the human thoughts and efforts to fulfill their needs. INTERNATIONAL CLASS-FHUI

INTERNATIONAL CLASS-FHUI What is culture (3) Ember& Ember (1996): (1) the system of knowledge (2) the set of laws INTERNATIONAL CLASS-FHUI

INTERNATIONAL CLASS-FHUI adaptation challenges nature : Geographic, Geology, climate, animals, plants Human (REACTION) CULTURE (ACTION) INTERNATIONAL CLASS-FHUI

Let’s watching Chimamanda’s movie! INTERNATIONAL CLASS-FHUI

INTERNATIONAL CLASS-FHUI Please explore these definition as homework, then discuss your findings into 8 groups (next week)  Civilization Stereotyping Ethnic group Nation Legal pluralism Ethnosentrism Culture shock Cultural gap Melting pot INTERNATIONAL CLASS-FHUI