Legal evolution and societal complexity

American Journal of Sociology • Vol/Iss. 70 • Published In • Pages: 159-169 •
By Schwartz, Richard D., Miller, James C.

Abstract

This study explores the relationship between level of legal evolution (measured on a Guttman scale that ranges from just mediation to counsel, police, and mediation) and level of societal complexity. Results suggest a significant association between level of legal evolution and level of societal complexity.

Samples

Sample Used Coded Data Comment
HRAF Collection of Ethnography (paper/fiche)
OtherOther Researchers

Hypotheses (3)

HypothesisSupported
"Elements of legal organization emerge in a sequence such that each constitutes a necessary condition for the next." The Guttman scale shows mediation at the first evolutionary level, police and mediation at the intermediate level, and counsel, police and mediation at the highest level. The simplest societies have none of these traits (160, 161, 163)Supported
"Damages, that is, property payment in lieu of other sanctions . . . [are] a necessary but not sufficient condition for mediation" (165, 166)Supported
"Societies that lack mediation . . . appear to be the simplest societies. None of them has writing or any substantial degree of specialization" (165)Supported
Documents and Hypotheses Filed By: mas  Megan Farrer