Devising A Sociological Concept of Law
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. The rule-based aspect of law is, admittedly, important, but provides an inadequate basis for describing, analysing and understanding law in its societal context. Thus, legal sociology regards law as a set of institutional practices which have evolved over time and developed in relation to, and through interaction with, cultural, economic and socio-political structures and institutions. As a modern social system, law does strive to gain and retain its autonomy to function independently of other social institutions and systems such as religion, polity and economy. Yet, it remains historically and functionally linked to these other institutions. Thus, one of the objectives of the sociology of law remains to devise empirical methodologies capable of describing and explaining modern law's interdependence with other social institutions.
Some influential approaches within the sociology of law have challenged definitions of law in terms of official (state) law (see for example Eugen Ehrlich's concept of "living law" and Georges Gurvitch's "social law"). From this standpoint, law is understood broadly to include not only the legal system and formal (or official) legal institutions and processes, but also various informal (or unofficial) forms of nomativity and regulation which are generated within groups, associations and communities. The sociological studies of law are, thus, not limited to analysing how the rules or institutions of the legal system interact with social class, gender, race, religion, sexuality and other social categories. They also focus on how the internal normative orderings of various groups and "communities", such as the community of lawyers, businessmen, scientists, members of political parties, or members of the Mafia, interact with each other. In short, law is studied as an integral and constitutive part of social institutions, groupings and communities. This approach is developed further under the section on legal pluralism.
Read more about this topic: Sociology Of Law
Famous quotes containing the words devising a, devising, sociological, concept and/or law:
“Men of genius are not be analyzed by commonplace rules. The rest of us who have been or are leaders, more commonplace in our quality, will do well to remember two things. One is never to forget posterity when devising a policy. The other is never to think of posterity when making a speech.”
—Robert Menzies (1894–1978)
“Men of genius are not be analyzed by commonplace rules. The rest of us who have been or are leaders, more commonplace in our quality, will do well to remember two things. One is never to forget posterity when devising a policy. The other is never to think of posterity when making a speech.”
—Robert Menzies (1894–1978)
“The primary function of myth is to validate an existing social order. Myth enshrines conservative social values, raising tradition on a pedestal. It expresses and confirms, rather than explains or questions, the sources of cultural attitudes and values.... Because myth anchors the present in the past it is a sociological charter for a future society which is an exact replica of the present one.”
—Ann Oakley (b. 1944)
“The new concept of the child as equal and the new integration of children into adult life has helped bring about a gradual but certain erosion of these boundaries that once separated the world of children from the word of adults, boundaries that allowed adults to treat children differently than they treated other adults because they understood that children are different.”
—Marie Winn (20th century)
“I wish my countrymen to consider that whatever the human law may be, neither an individual nor a nation can ever commit the least act of injustice against the obscurest individual without having to pay the penalty for it. A government which deliberately enacts injustice, and persists in it, will at length even become the laughing-stock of the world.”
—Henry David Thoreau (1817–1862)