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Sociology Of Law

Sociology
History
General Aspects
Applied sociology Public sociology
Social research Sociological theory
Related fields & subfields
Comparative sociology Criminology
Demography Social movements
Social psychology Sociolinguistics
Sociology of: culture deviance
economics education gender
knowledge law politics religion
science stratification work
&
Publications Topics


Sociology of law refers to both a sub-discipline of sociology and an approach within the field of legal studies. Sociology of law is a diverse field of study which examines the interaction of law with other aspects of society: such as the effect of legal institutions, doctrines, and practices on other social phenomena and vice versa. Some of its areas of inquiry include the social development of legal institutions, the social construction of legal issues, and the relation of law to social change. Sociology of law overlaps with jurisprudence, economic analysis of law and more specialized subjects such as criminology.[1]

History

Enlarge picture
Max Weber in 1917 - Weber who began as a lawyer and economic historian is regarded as one of the founders of sociology and sociology of law
Initially, legal theorists were suspicious of the sociology of law. Kelsen attacked one of its founders, Eugen Ehrlich, who wanted to emphasise the difference between positive law, which lawyers learn and apply, and other forms of 'law' or social norms that regulate everyday life, generally preventing conflicts from reaching lawyers and courts.[2] Around 1900 Max Weber defined his "scientific" approach to law, identifying the "legal rational form" as a type of domination, not attributable to people but to abstract norms.[3] Legal rationalism was his term for a body of coherent and calculable law which formed a precondition for modern political developments and the modern bureaucratic state and developed in parallel with the growth of capitalism.[4] Another sociologist, Émile Durkheim, wrote in The Division of Labour in Society that as society becomes more complex, the body of civil law concerned primarily with restitution and compensation grows at the expense of criminal laws and penal sanctions.[5] Other notable early legal sociologists included Hugo Sinzheimer, Theodor Geiger, Georges Gurvitch and Leon Petrażycki in Europe, and William Graham Sumner in the U.S.[6]

Perspectives

Law and Society

In legal studies, the sociology of law is part of a more broadly conceived law and society approach or socio-legal studies. Its focus is on theoretically guided empirical studies. As such it draws on and contributes to social theory. The sociology of law is not to be confused with sociological jurisprudence. The latter is a juristic perspective, developed in the United States by Roscoe Pound and by earlier jurists in various European countries, that seeks to base legal arguments on sociological insights.

Additional perspectives

[These perspectives need discussion.]

Selected Topics

To be described:

See also

Related sociological subfields include political sociology and the sociology of deviance. Other social sciences, such as Anthropology, Criminology, and Political Science, also include specialized approaches to the study of law.

Notes

1. ^ Jary, Collins Dictionary of Sociology, 636
2. ^ Rottleuthner, La Sociologie du Droit en Allemagne, 109
* Rottleuthner, Rechtstheoritische Probleme der Sociologie des Rechts, 521
3. ^ Rheinstein, Max Weber on Law and Economy in Society, 336
4. ^ Jary, Collins Dictionary of Sociology, 636
5. ^ Johnson, The Blackwell Dictionary of Sociology, 156
6. ^ Gurvitch, Sociology of Law, 142
* Papachristou, Sociology of Law'', 81–82

References

Further reading

External links

 •  • [ e]
Law -
Legal subjectsConstitutional and Administrative law Criminal law Contract Tort Property Trusts and Equity Public international law Conflict of laws Supranational law
Further disciplinesLabour law Human rights Procedure Evidence Immigration law Family law Wills Commercial law Corporate law Intellectual property Unjust enrichment Restitution Tax law Banking law Competition law Consumer protection Environmental law Admiralty law Military law Product liability
Legal systemsCommon law Civil law Religious law Socialist law Comparative law
Legal theoryHistory of law Philosophy of law Economic analysis of law Sociology of law
Legal institutionsJudiciary Legislature Executive Military and Police Bureaucracy Legal profession Civil society
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The journal has been published continuously since 1934.
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law school (or school of law) is an institution specializing in legal education.

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