Llewellyn's Law-Jobs Theory: A Functional Approach to Law
Exam Snapshot
Karl Llewellyn (American Realist School) proposed the Law-Jobs Theory, defining law not by its written rules but by its functions in society. This is a functional approach to jurisprudence.
Core Concept
Llewellyn argues that law comprises institutions performing essential "jobs" for group survival and organization. He identifies five distinct "law-jobs":
- Disposition of trouble-cases: Resolving disputes that threaten group cohesion.
- Preventive channeling: Guiding conduct and expectations to avert future conflicts.
- Allocation of authority: Designating who holds power and how it is exercised.
- Net drive: Organizing collective efforts to achieve common societal goals.
- Juristic method: Techniques for constant review and improvement of the law.
Nepal Law Anchors
- Constitution of Nepal 2015: Reflects allocation of authority and net drive objectives.
- Muluki Codes 2074: Reflects trouble-case disposition and preventive channeling.
Confusable Terms
| Term | Law-Jobs Theory | Legal Positivism |
|---|---|---|
| Focus | Law's functions (what it does) | Law's source (command of sovereign) |
| Perspective | Functional/Realist | Structural/Command-based |
MCQ Traps
- Theory Origin: Llewellyn belongs to the American Realist school, not Positivism.
- Number: There are exactly five law-jobs, no more or less.
Example
- Disposition of trouble-cases: A District Court resolving a property inheritance dispute.
- Preventive channeling: Traffic rules preventing accidents.
Memory Hook
C.A.N.J.T. : Channeling, Authority, Net drive, Juristic method, Trouble-cases.
Quick Revision
- Who: Karl Llewellyn.
- Approach: Functional (Law as activity).
- Five Jobs: Trouble-cases, Channeling, Authority, Net Drive, Juristic Method.