NCJ Number
46336
Journal
Law and Society Review Volume: 10 Issue: 4 Dated: (SUMMER 1976) Pages: 547-578
Date Published
1976
Length
32 pages
Annotation
THE GROWTH OF 'LAW AND SOCIETY' RESEARCH IN GREAT BRITAIN IS ASSESSED, ALONG WITH THE VALUE OF CONTEMPORARY WORK IN SOCIOLEGAL STUDIES AND THE SOCIOLOGY OF LAW.
Abstract
SOCIOLEGAL RESEARCH IN BRITAIN HAS DEVELOPED INTO A COHERENT FIELD OF ACTIVITY POSSESSING THE FOLLOWING CHARACTERISTICS: (1) THE HEGEMONY OF LAW IS ACCEPTED AND FURTHERED, EVEN THOUGH SOME OF THE PARTICULAR PROVISIONS OF LAW MAY BE THOUGHT IN NEED OF REFORM; (2) THE NATURE OF THE LEGAL ORDER IS TREATED AS UNPROBLEMATIC, ESPECIALLY IN ITS RELATIONSHIP TO THE REST OF THE SOCIAL WORLD; (3) THE GENERAL FUNCTIONS OF LAW IN SOCIETY TEND TO BE TAKEN FOR GRANTED; AND (4) RESEARCH IS UNAMBIGUOUSLY UTILITARIAN AND PRAGMATIC IN ORIENTATION, AND THE RESULTING SUGGESTIONS FOR REFORM TEND TO BE LIMITED IN SCOPE AND OF A LEGALISTIC NATURE. THE FIELD OF SOCIOLOGY OF LAW ADOPTS DIFFERENT STANCES ON MOST OF THESE ISSUES, FOCUSING ON UNDERSTANDING THE NATURE OF SOCIAL ORDER THROUGH A STUDY OF LAW, SCRUTINIZING LAW FROM A PERSPECTIVE OUTSIDE OF THE EXISTING LEGAL SYSTEM, AND STRIVING TO CONSTRUCT A THEORETICAL UNDERSTANDING OF THE LEGAL SYSTEM IN TERMS OF THE WIDER SOCIAL STRUCTURE. COMPARED WITH SOCIOLEGAL STUDIES THE SUBJECT MATTER FOR RESEARCH IN SOCIOLOGY OF LAW IS MARKEDLY DIFFERENT. FOR EXAMPLE, INSTEAD OF RESEARCH INTO THE IMPLEMENTATION OF LEGISLATIVE PROVISIONS, THERE IS CONSIDERABLE INTEREST IN THE PROCESSES BY WHICH LAW EMERGED OR WAS CREATED. HOWEVER, THE DIFFERENCE BETWEEN SOCIOLEGAL WORK AND TRADITIONAL LEGAL SCHOLARSHIP SEEMS EXAGGERATED AND OVERSIMPLIFIED. ALTHOUGH THE USE OF SOCIAL RESEARCH METHODS IN STUDYING LAW MAY BE NEW, MANY OF THE QUESTIONS POSED ARE FAMILIAR ONES AND SHOW THE CONGRUENCE BETWEEN SOCIOLEGAL WORK, SOCIOLOGY OF LAW, AND JURISPRUDENCE. IT SHOULD BE STRESSED THAT THE DESIRE FOR REFORM AND THEORY CONSTRUCTION ARE NOT CONTRADICTORY; THOSE WHO WISH TO DEVELOP THE SOCIOLOGY OF THE LAW HAVE ARGUED IN THIS VEIN, NOTING THAT UNLESS SOCIOLEGAL RESEARCH CAN BE PART OF AN ATTEMPT TO DEVELOP A MORE GENERAL THEORY OF SOCIAL ORDER AND LAW, ITS CONTRIBUTION WILL REMAIN PIECEMEAL. AN OVERVIEW OF THE HISTORY OF BRITISH SOCIAL SCIENCE IS PROVIDED, ALONG WITH HIGHLIGHTS OF SPECIFIC STUDIES GENERATED BY THE OPPOSING APPROACHES TO THE STUDY OF LAW. REFERENCES ARE INCLUDED. (KBL)