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The sociology of law, legal sociology, or law and society is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. [1] Some see sociology of law as belonging "necessarily" to the field of sociology, [2] but others tend to consider it a field of research caught up between the disciplines of law ...
Jun 25, 2024 · The sociology of law is a sub-discipline of sociology that focuses on the relationship between law, society, and social behavior. It investigates how legal systems, laws, and institutions impact societal norms, values, and behaviors, and vice versa. By examining the interplay between law and society, sociologists can uncover the ways in which ...
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.
- 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...
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".
- John Griffiths
- 2017
Jun 29, 2015 · The sociology of law refers to the sociological study of law and law-related phenomena, whereby law is typically conceived as the whole of legal norms in society as well as the practices and institutions that are associated with those norms. Dating back to the classic works by Emile Durkheim and Max Weber, the sociology of law has partly also ...
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Jun 5, 2012 · Summary. When we speak of “law,” “legal order,” or “legal proposition,” (Rechtssatz), close attention must be paid to the distinction between the legal and the sociological points of view. By speaking of law and society we may forget that law is itself a part of society. Recovering the sociology of law. The development of the ...
