| 释义 |
sociology of law
The application of a sociological approach to questions of the origin, nature, and operation of the law and legal system. Sociologists of law generally regard law as merely one, albeit an important and ubiquitous, feature of society, rejecting the idea (most closely associated with legal positivism) that there can be a value-free explanation of law. The sociologist of law, therefore, is concerned to analyse and interpret the part played by law and legal administration in effecting certain observable forms of conduct or behaviour. He will attempt to present certain “types” of society in which the role or function of law may be examined. His purpose will generally be an explanation of society based on an examination of law as a form of social control. Sociological jurisprudence is an older discipline, associated especially with the theorists Emile Durkheim (1858–1917), Max Weber (1864–1920), and Karl Marx (1818–1883), that seeks to provide a scientific account of the nature of law in society from a variety of standpoints. See Marxist legal theory. |