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Aug 1, 2017 · 1. For a rare exception, see Ehrlich (Citation 1936): “the theoretical science of law” (25) concerns the “inner order of … social associations” (37).See also Black (Citation 1993, 2): sociology of law is a part of the sociology of social control, that is, “how people define and respond to deviant behavior".
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1. For a rare exception, see Ehrlich (Citation 1936): “the...
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scholars in the sociology of law and satisfy their need for a thoughtful review and discussion of the major achievements in their specialty area. The sociology of law is a growing and ever more popular eld, typically taught at the advanced undergraduate (college) level and in (post)graduate seminars that prepare for masters and doctoral degrees.
Abstract. This chapter is concerned with a familiar problem of jurisprudence but transplanted to the context of the sociology of law. The central problem of much of jurisprudence has been that of the definition of law or the specification of the appropriate meaning of the word ‘law’.
- 1 Legal Monism and Pluralism
- 2 Ubi Communitas Ibi Ius
- 3 Spatial and Individual Pluralism
- 4 The Problem of Panjurism
- 5 Law as A Coercive Order
- 6 Criticism of Coercion Theories
- 7 Low-Level Coercion of Canon Law
- 8 Beyond Coercion Theories
- 9 Law as Behavioural Expectation
- 10 Expectation, Coercion, Sanction
Exponents of a monistic understanding of the law consider there to be a single source of norms we call “law,” namely the state. According to monistic theories, in modernity the state is the only source of norms of a truly legal nature; we may therefore also speak of an etatist concept of the law.Footnote 3 A monistic-etatist definition of “law” the...
“Ubi societas ibi ius” is an ancient proverbial phrase expressing the finding that societies generate their own legal orders even when they are not organised into sovereign states. Canonists of the Ius Publicum Ecclesiasticum absorbed this idea into canon law theory. Members of this school argued that the church, as an institution with quasi-state ...
If we assume that there are indeed multiple forms of law, we may come to find that legal subjects are not solely the addressees of a single legal order, but are regularly the subjects of multiple laws. There is both a plurality of law with regard to space, where legal subjects are confronted with the demands of various legal orders in spaces in whi...
Even though a pluralist understanding of law makes sense from a socio-legal perspective and from the perspective of the sociology of canon law, we should still note that pluralist approaches are not entirely free of arbitrariness. If we assume that “law” develops out of all kinds of social relations, this begs the question how to tell “law” apart f...
In seeking to resolve the problem of how we may identify law under a pluralist understanding of law, a number of approaches are useful in finding criteria which distinguish law from other forms of social norm. One classic approach is that of Max Weber, which focuses on the enforceability of law and its coercive character as an essential identifier ...
Weber’s theory found widespread support among many scholars of sociology and of law, but it also drew criticism. Roger Cotterrell for one identifies a key weakness in Weber’s argumentation being that anybody who seeks to understand coercion as constitutive of “law” is also obliged to differentiate between legal coercion and other forms of coercion,...
The view that it is imprecise to define law based on its coercive character is of considerable significance for canon law. This is because the law of the church is only partially coercive. In the context of modernity, observes dogmatic theologian Georg Essen, the ecclesiastical cultures no longer represent themselves as cultures of coercion.Footnot...
So if it is not coercion that makes up the character of law, then this begs the question what does then in fact constitute law. In seeking to find an answer, it is quite enlightening to look back at Weber’s statements, insofar as these hint at the fact that law is an order “endowed with certain specific guarantees of the probability of its empirica...
Niklas Luhmann provides us with an alternative definition of law. Luhmann’s understanding of law draws on the concept of expectation. He conceives of law as a means of communication which operates using the codification “legal”/“illegal.” This binary code serves to identify communications as legal. These communications constitute a social system as...
When studying Luhmann in comparison to Weber it is noteworthy that the principle of coercion is not fully absent from Luhmann’s concept of law, but occupies a different role to that in Weber’s approach. Luhmann explains, Due to the stable expectations of the law, the legal subjects view it as being a low-risk endeavour to submit themselves to their...
Sociology of Law. In subject area: Social Sciences. The sociology of law can be defined as a field of study that focuses on the empirical understanding and explanation of the interconnectedness between law and social structures, institutions, culture, ideologies, and values. It explores the relationships between law and social order, social ...
May 30, 2019 · Definition. The world-systems theory is a fundamental unit of analysis for social evolution. Also known as world-systems analysis or the world-systems perspective, it is a multidisciplinary, macroscale approach to world history and social change. It takes up a more inclusive unit of analysis, the “world system,” which reflects a particular ...
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Jan 2, 2010 · The Brenner debate revisited. One of the defining controversies in the field of economic history in the past 35 years is the Brenner debate. Robert Brenner published “Agrarian Class Structure and Economic Development in Pre-Industrial Europe” in Past and Present in 1976 (link) and “The Agrarian Roots of European Capitalism” in 1982.
