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- For example, during the 1960s, civil rights activists often violated laws intentionally as part of their effort to bring about racial equality. In hindsight, we recognize that the laws that deemed many of their actions crimes—for instance, Rosa Parks refusing to give up her seat to a White man—were inconsistent with social equality.
openstax.org/books/introduction-sociology-3e/pages/7-3-crime-and-the-law7.3 Crime and the Law - Introduction to Sociology 3e - OpenStax
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Aug 1, 2017 · The conversation concerns sociology of law and the question around which it has circled is this: “What is sociology of law?” and – implied in that question – is such a thing possible? KEYWORDS:
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- Sociology of Law Today
- Theoretical Background: Key Thinkers
- Practice
- Challenges in Application
- Conclusion
The Sociology of Law has first and foremost it’s foundations in the field of sociology. This area does, however, take an interdisciplinary as opposed to duel approach in analysing and understanding the relationship between law and society. Within this area, it is key to consider legal structures (i.e. the legal system), legal process (how law is ma...
Max Weber
Weber states here that there are essentially different forms of justice or legal decisions that are ultimately influenced by traditions and social norms. He highlights that many legal systems are based on an irrational development of case law, based on precedent and administers by a highly developed yet limited field of lawyers and jurists. This conveys how intrinsically linked societal norms and values are to law.
Vilhelm Aubert
Aubert believed firmly that behaviour is influenced by the law and that is intrinsically linked to the development of social norms. This helps us to both critique and understand the sociology of law as an interdependent and mutually influencing field of interpretation.
Émile Durkheim
Durkheim emphasised the influence of history in changing the nature of law and its application. This is because of the expected variation in societies’ values in respect to individual rights and responsibilities. This socio-legal critique is detailed in his seminal work The Division of Labour in Society.
The Sociology of Law is a focused and critical field in understanding legal mechanisms and legal practice, as well as establishing the foundation of jurisprudence. However, a definition and general framework need constructing so that the right questions can be formulated. The field transcends specific matters and enriches learning both in the theor...
The establishment of one clear and concise definition of the Sociology of Law has eluded scholars and practitioners to date. This is because consensus on what the field consists of, in terms of definitions and limitations is yet to be achieved. This in turn has an impact on the authority of the Sociology of Law as a coherent discipline and this has...
Finally, it may be said that the Sociology of Law has had a long history of dedicated followers and practitioners. It is a discipline that seeks to transcend legal traditions and challenge what the limited understanding of the interaction and inter-relationship between society and the law, in all areas. It is critical that further learning and anal...
A more detailed consideration of the particular history of the sociology of law in Britain extends this inquiry by providing a concrete case study of interactions between legal studies and the social sciences.
The expression ‘sociological study of law’ consists of two concepts: ‘sociology’ and ‘law’. It also addresses the ‘problem of social order’: how is human social behaviour possible? It is stated that sociology of law is the empirical social science whose object is social control.
In contrast to the traditional understanding of law (see the separate entry on law), the sociology of law does not normally view and define the law only as a system of rules, doctrine and decisions, which exist independently of the society out of which it has emerged.
Sociological discussions of law are often limited to discussions of the criminal law, its operation and administration. Law and sociology are often presented as two distinct disciplines and bodies of knowledge. For example, Cotterrell – a socio-legal theorist – seeks to understand
Aug 9, 2022 · The sociology of law is in any case interested in all norms of the law. In consequence, it cannot restrict itself to the study of norms which we may formally identify as legal prescripts. Instead, the sociology of law must cast its net wider to include those norms that are in fact legal norms as they exert a de facto influence on legal practice.
