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Difference between Primitive Law and Modern Law


Law is a norm exists in advanced societies. Some customs are there which are similar to law though they do not have a law. Law doesn't allow which was anti-social. Law protects the interest of individuals and groups. Law is social control through the systematic application on the force of politically organised society.

Functions of Law

  • Law defines relationships among the members of a society and determines proper activities of individuals and groups within a society.
  • Law allocates authority to employ force in the enforcement of sanctions and achievement of goals.
  • Law redefines social relations and insures social flexibility.
  • Law settles trouble cases as they arise and help in everyday living with reasonable security.

Difference between Primitive Law and Modern Law

Primitive LawModern Law

It is a part of natural and supernatural principles.

It is a result of deliberate planning.

It is based on kinship types.

It is based on teritorial types.

It is originated from the moral and ethical notions and public opinion.

It is originated from rational thinking. Considered as a right and wrong, justice and injustice.

In primitive law there is no difference between civil law and criminal law.

Modern law clearly distinguishes criminal from civil law and vice versa.

Primitive law doesn't distinguishes between crimes and torts, public and private issues.

In modern law there are differences between public and private wrongs.

It gives importance to sin and supernatural punishments.

It doesnot give importance to sin and supernatural punishments.

In here kinship group looks after law, therefore, there is collective responsibility for protecting the law.

In here state looks after law. Therefore, there is no scope for collective responsibility.

Whether it is an advanced society with rules or primitive society with rules of law, doesn't matter; the rules of all societies are the same. They safeguard life and lymph, rights in wise and rights in property. So justice means giving people their rights rather than enforcing laws and this is somewhere in peoples minds when they contrast justice and legality.


kainat on January 24, 2019:

Thank you....this is informative for me!

nattylawboy on October 18, 2015:


pkhero curry on August 01, 2011:

I enjoy your post. =]

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