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
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“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)
“Art is a concrete and personal and rather childish thing after all—no matter what people do to graft it into science and make it sociological and psychological; it is no good at all unless it is let alone to be itself—a game of make-believe, or re-production, very exciting and delightful to people who have an ear for it or an eye for it.”
—Willa Cather (1873–1947)
“Teaching Black Studies, I find that students are quick to label a black person who has grown up in a predominantly white setting and attended similar schools as “not black enough.” ...Our concept of black experience has been too narrow and constricting.”
—bell hooks (b. c. 1955)
“The Law is the true embodiment
Of everything that’s excellent.
It has no kind of fault or flaw,
And I, my Lords, embody the Law.”
—Sir William Schwenck Gilbert (1836–1911)