Resumo

SANTOS, Maria Celeste Cordeiro Leite dos  e  ARAUJO, Marilene. LAW AND SOCIETY: THE STRUCTURES AND FUNCTIONS OF LAW IN THE ENGLISH LEGAL SISTEM. Revista Internacional CONSINTER de Direito [online]. 2021, n.12, pp.99-122.  Epub 30-Jun-2021. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00012.03.

The article "Law and Society: the structures and functions of the Law in English Law", is the result of teaching aimed at students of the Master's Degree in Law at the Pontifical Catholic University of São Paulo, in the first semester of 2020 - Discipline General Theory of Law I - “Law, Power and Justice: the Hyper-cycle and the Legal Order”. Its primary objective is to understand how legal rules are made and used in Common Law in its similarities and distinctions from Civil Law. Civil society (societas civilis) is opposed to “natural society” (societas naturalis), being synonymous with “Political society” (in correspondence, respectively with the derivation of civitas and polis). The study of society as a social system, its structures and macro and micro functions in the legal subsystem (according to Niklas Luhmann) is current, predominant, and will be the object of this study in Chapter I. Chapter II, aims to investigate the sources and models Common Law. Chapter III, analyzes the Hypercycle of Law and makes conjectures about Common Law. Since law is a multifaceted phenomenon and difficult to define rigorously, due to its ambiguity and syntactic imprecision in its current use in different cultures, the methodology used was Aristotelian Topic, in the focus of zetetic investigation, with constant opening for constant questioning. The Conclusions and Bibliography follow.

Palavras-chave : Civil Law; Common Law; English Legal System; Structures, Functions.

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