1. Basic Concepts in Law and Society
Ratih Lestarini
L. I. Nurtjahyo
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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)
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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)
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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 .
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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)
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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.
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What is law?(4)
Pospisil, there are four attributes of law:
authority,
universality,
obligatio (not obligation!),
sanction.
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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)
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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)
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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;
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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, )
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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.
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What is culture (3)
Ember& Ember (1996):
(1) the system of knowledge
(2) the set of laws
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adaptation
challenges
nature :
Geographic, Geology, climate, animals, plants
Human
(REACTION)
CULTURE
(ACTION)
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15. Let’s watching Chimamanda’s movie!
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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
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