Mores and the Law: Taking Sumner Seriously
Richard D. Schwartz
Abstract
Richard D. Schwartz
Abstract
I examine here how Sumner's concept of the mores applies to modern urban society—in particular to law as an epiphenomenon of the mores rather than an influence on them. Strongly-held mores are rare in contem porary societies. Rather, sub mores pervade, causing conflict among antag onistic interests. Law can sometimes bridge these submores, as in labor- management conflict. Law can also provide a framework within which pervasive mores may evolve. For these reasons, law can and does contribute much more to the mores of complex urban societies than Sumner perceived.
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I examine here how Sumner's concept of the mores applies to modern urban society—in particular to law as an epiphenomenon of the mores rather than an influence on them. Strongly-held mores are rare in contem porary societies. Rather, sub mores pervade, causing conflict among antag onistic interests. Law can sometimes bridge these submores, as in labor- management conflict. Law can also provide a framework within which pervasive mores may evolve. For these reasons, law can and does contribute much more to the mores of complex urban societies than Sumner perceived.
Key concepts: Mores, Law, Epiphenomenon, Sociology, Political science, Philosophy, Epistemology, Politics