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Word Count: 714
Law without Sanctions by Michael Barkun describes customs that are behavioral patterns that transform into norms and are set as rules or laws The book hardly describes law without sanctions as the title suggests In fact law and its effectiveness is hardly mentioned in the book till the very end However the book mentions the valuable meaning of law and the development of law in his view Customs can be looked as behaviors which most people adopt because they are modal tracks of behavioral events as Michael Barkun says p82 Customs are paths of behavior that are followed According to Barkun law is regarded normative in other words prescriptive or value laden Law states essential behavioral patterns Behavior becomes tinged with obligation which are known as rules and rules restrict and define the way subjects of the law should perform Rules that are recognized to be normative should be traceable to their behavioral antecedents p90 We should be able to trace customary law to the practices that gave rise to them Law is the imposition of one groups modal practices on another group Law is fact oriented and a fact is an event any entity or relationship that can be located specifically in a space and time Law contains statements of modal behavior and it was from these obligatory norms arose Second law contains perceptual categories through which events can be abstracted and similarly dealt with it has the capacity for generalization Aside from customs ripening into law Barkun discusses a great deal about law as a third party He regards law as a triadic relationship an example of this is the involving of third person like a mediator or an arbitrator Barkun gives the example of explicit mediation A mediator functions as a communicator between belligerents it is an imperative mean of conflict management It can be described in certain situations as an out-of-court settlement and it is an indicative of early systems of
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