Society as a Legal Phenomenon

This chapter explores the concept of society as a foundational legal phenomenon, emphasizing its central role in shaping, reflecting, and being shaped by legal norms. It begins by differentiating various definitions of society and argues for a legal interpretation that sees society as the structured and normative interaction of individuals and groups. This chapter asserts that understanding society from a legal standpoint is essential for comprehending how law emerges from, and functions within, social realities. It examines the distinction between society and civil society, critiques the overemphasis on the state in legal thinking, and promotes a society-centered approach aligned with integrative legal theory. The chapter also delves into the complex web of social norms—legal, moral, religious, customary, and explains how they regulate behavior. Legal norms are presented as the most formalized and enforceable category, but deeply interwoven with other social norms and traditions, particularly in post-Soviet contexts. The final section introduces the concept of social regulators, dividing them into normative and non-normative types. It highlights the importance of aligning legal norms with broader social values and regulatory mechanisms such as tradition, information, and directives, to ensure their effectiveness and legitimacy.