Law in Politics
There is a large gap between real law and formal law, law-in-action and law in books. As it is written, law gets selectively enforced, nullified and unrecognizably transformed as it is put in practice. The reason that this might be happening is that enforcement agencies go through structural dilemmas. There is also a class or racial biases. The approaches that are theoretical of all those who study the phenomenon may vary. However, the open space of law is a society and law theorem that possesses a certain degree of closure. In some case, people tend to relate the law being the same as politics. In some countries, most politicians are lawyers by profession this expedite the process of lawmaking.
Durkheim has not fully exploited the details regarding the concepts of organic and mechanical solidarity, as well as restitutive and repressive law. However, his emphasis about the functions of the law in the provision of social equilibrium is very ingenious and has inspired crucial elaborations that are theoretical over the past decades. There are instances that Durkheim has stated facts that are not clear and thus can be deemed void. This is because he has tried constantly to go against the evidence that has been adapted from proven anthropology. The evidence proves that pre-modern societies employed primary restitutive law as well as the complex modern societies and the need for repressive sanctions.
Going by the sentiments of Karl Marx, there is an argument that can be drawn that there is coercion that is involved in this case. Many people in the present society work in the capitalist workplace or starve. The law that exists today follows religiously the societal contours and the economic base. It is also implicated in shaping the contours of the society. The legal ideology of concerning the free contract advanced by lawyers is usually central as it supplied a very normative justification for the dismantling of the hereditary bonds and forced feudal relations servitude.
It is correct to state that human societies across place and time have always punished their members, as a result, of violating one set of law, or another. However, it is always difficult to conjure up a simple form of punished that has never been used at any particular or specific time in history. There have been instances of mutilation, humiliation, beheading, and imprisonment and many other crude ways of punishment that have been used for a long time in the history of all societies. Some societies offer more crude punishments than the others depending on the various crimes against the law that has been committed. By just a preview from history, there seems to have been a sequential form of punishment that has been employed. There is a question that has to be asked, regarding what drives this pattern. The simplest explanation can be that the form of punishments is dictated by the economic production system that a society is experiencing. There is also the issue of the population size that is relative to all labor requirements as well as the type of labor that is required.
Conclusively, the bottom line is that there are differently indecipherable notes, pieces and bits of nuance, as well as conflicting records, are alternatively tyrannical or indifferent. This leads to the opinion of a subversive expose of the self-representation of the law. Thus, law is made more compelling, with a touch of a seductive engagement. Law stands for all individuals regardless of their affiliation making it inevitable to engage politics in law.
Calavita, Kitty. Invitation to Law and Society: An Introduction to the Study of Real Law, 2010.