SOCIOLOGISTS' CONCEPTUALIZATIONS OF LAW - A MODEST PROPOSAL FOR PARADIGM REVISION (FROM STRUCTURE, LAW, AND POWER - ESSAYS IN THE SOCIOLOGY OF LAW, 1979, BY PAUL J BRANTINGHAM AND JACK M KRESS - SEE NCJ-64050)

• NCJ Number: 64051
• Author(s): W JEFFREY
• Date Published: 1979
• Length: 14 pages
• Corporate Author: Sage Publications, Inc
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REVISION OF PRESENTATION MADE AT THE CONVENTION OF THE AMERICAN SOCIETY OF CRIMINOLOGY, DALLAS, TEXAS, 1978

Annotation

A REVISED PARADIGM FOR CONCEPTUALIZING THE LAW SHOULD FORCE SOCIAL SCIENTISTS TO MORE ACCURATELY ANALYZE HOW THE LEGAL SYSTEM WORKS AND GAUGE HUMAN RESPONSES TO CHANGES IN THE SYSTEM.

Abstract

FOR TOO LONG, SOCIAL SCIENTISTS HAVE USED THE PHRASE 'THE LAW' TO CONNOTE NOT ONLY OFFICIAL UTTERANCES WRITTEN DOWN IN STATUTE BOOKS OR AS JUDICIAL OPINIONS BUT ALSO THOSE ACTIONS TAKEN BY THE POLICE, JUDGES, COUNSELLORS, PROSECUTORY PERSONNEL, AND OTHER CRIMINAL JUSTICE AGENTS. THIS PRACTICE HAS CLOUDED THE CITIZENS' UNDERSTANDING OF WHAT THE LAW IS AND WHAT AGENTS OF THE LAW DO; IT HAS CONFUSED RESEARCH AND ANALYSIS INTO THE SOCIOLOGY OF THE LAW. THE REVISED PARADIGM WOULD REQUIRE THE TWO-WORD PHRASE 'THE LAW' TO BE USED ONLY IN REFERENCE TO THESE LEGAL INSTRUMENTS OF INFLUENCES ON MEMBERS OF A SOCIETY. OTHER STEREOTYPES AND CONCEPTS THAT NEED TO BE RE-EXAMINED ARE THE BELIEF THAT LAW IS A COMMAND THAT CRIMINAL JUSTICE AGENTS WORK TO OBEY (THESE AGENTS RATHER REACT TO AND COPE WITH A SITUATION), THAT LAW IS PRESCRIPTIVE, AND THAT LAW IS DESCRIPTIVE. CRIMINOLOGISTS AND SOCIOLOGISTS SHOULD AVERT THEIR ATTENTION FROM THE POINTLESS EXERCISE OF DETERMINING WHAT THE LAW IS AND HOW IT AFFECTS HUMANS AND CONCENTRATE INSTEAD ON WHAT THEIR FELLOW HUMANS DO TO AND WITH LEGAL RULES. FOOTNOTES ARE PROVIDED. (DAG)