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Relationship between law and society
Relationship between law and society
Sociology of law as a part of sociological jurisprudence
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INTRODUCTION
The Sociological School of jurisprudence considers law or legal development from the perspective of the people in the society. Perceiving law as a social phenomenon, it posits the harmonization of law with the wishes and aspirations of the people. In other words, it insists on the harmony between law and the interests of the people. Therefore, if law becomes inconsistent with the people or even violates their interests or expectation, such law is not worth it. Such law is not people-oriented. The sociological approach considers the here and now of the people. This approach offers a window of opportunity for legislators and reformers to take into account contemporary interests of the people in the performance of their duties.
SOCIOLOGICAL APPROACH
The term ‘sociology,’ which was invented by Comte (1798-1857), is the study of the behavioral pattern of people in relation to their environment or surroundings. Within the purview of sociology, law is regarded as a social phenomenon which reflects human needs and aspiration.
Faris defines sociology as: branch of the science of human behavior that seeks to discover the causes and effects that arise in social relations among persons and in the intercommunication and interaction among persons and groups.
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In other words, sociological approach to jurisprudence is the study of law in its social setting or as a social institution. In his Mechanical Jurisprudence (1908), Roscoe Pound explains that sociological movement in jurisprudence is: movement for pragmatism as a philosophy of law; for the adjustment of principles and doctrines to the human conditions they are to govern rather than to assumed first principles; for putting the human factor in the central place and relegating logic to its true position as an
Sociology is the study of society and the interactions that occur within society itself. There are numerous methods of analyzing societies and the way the function, nonetheless, most methods fall in micro and macro level theories. Micro level theories allow sociologist to study smaller relationships such as individual or compact groups of people. On the other hand, macro level studies permit for larger scale investigations to take place. With both of these theories there are three theoretical perspectives used in sociology. Micro level theories include symbolic interactionism which focuses in interactions done with language and gestures and the means which allow such interactions to take place. Macro level theories include structural functionalism
In his book on ?The Behavior of Law? Donald Black attempts to describe and explain the conduct of law as a social phenomenon. His theory of law does not consider the purpose, value, impact of law, neither proposes any kind of solutions, guidance or judgment; it plainly ponders on the behavior of law. The author grounds his theory purely on sociology and excludes the psychology of the individual from his assumptions on the behavior of law (Black 7). The theory of law comes to the same outcome as other theories scrutinizing the legal environment, such as deprivation theory or criminal theory; however, the former concentrates on the patterns of behavior of law, not involving the motivation of an individual as such. In this respect, Black?s theory is blind for social life, which is beyond the behavior of law.
Sociology is the study of the relationships that humans have with each other and social institutions. It aims to understand the links that exist between individuals and the social structures around them and also the functions that these social institutions perform in society.
Sociology cannot be clearly explained as there are many different theories and theorists; so far none of them have been defined as a correct answer. Although with all this information of theories and theorists sociology is relatively explained as agreed philosophies that delivers a reason for human society. Sociological theories are like most other theories, they are selective, and there is no quantity of theory to explain everything or define the infinite amount of information that exist or comprehend the methods of observing reality. Sociological theories vary and can be linked to each other according to various criteria. The two main perspectives of sociology are the micro sociological approach and the macro sociological approach. The micro sociological approach is based more on the persons being capable of their own independent thoughts feelings and behaviour; therefor society is built through their interactions amongst each other and the significances they attach to them. This approach is defined using Social Action Theory and Symbolic Interactionism. The Macro Sociological approach is on a much bigger scale and consists of a person being born into a current society which will then shape their behaviour. It centres on the organisations, values and the culture of that particular society and how it impacts an individual and their role in life. This approach is made clearer using Functionalism, Feminist and Conflict Theories.
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
After reviewing the article titles given for this first assignment, I believe they indicate that Sociology, generally speaking, is not only a study of diversity or commonality in traits among people; it is also a science about factors in a person’s life and how these factors culminate responses. Interestingly enough, its topics of concern seem to be directly determined by current and common events of the world. Through the invention and expansion of new ideas, popular trends and fashions through time, Sociology adapts to responsibly to service the very subjects of interest it studies; for, even the slightest change of a person’s daily experience can have an insurmountable impact on attitude, personal growth, family dynamics and basic group behavior.
...ely on identification and resolution of their client's problems, while social scholars approach a problem with an open mind, considering all evidence on proportion. Lawyers are guided by precedents and old decisions while sociologists believe in creativity and research ingenuity.
Sociology emerged from the desire of humans to understand our behaviour. However, throughout the years the way humans behave and believe has been passed through generations; and it was mainly explained in religious terms. The origins of sociology started with the social movements of the late XVIII century such as the French Revolution in 1789 and the subsequent Industrial Revolution in Europe. (Giddens, 1997)
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
I think everyone should ask themselves what is sociology? I believe that sociology is the scientific study of social behavior or society, including its origins, development, organization, networks, and institutions. This is a huge topic to cover. Sociology explains the way people act and think, based on
Auguste Comte (Newman 2010) pointed out the need to keep society unified as many traditions were diminishing. He created the term sociology. Auguste Comte suggests that sociology is the product of a three-stage development.
Before I started taking the course of sociology I wasn’t really expecting to learn anything, it was just supposed to be an easy online class. However, that was not the case. It challenged my mind. I started to see sociology all around me, starting with family, then friends, and how I see things overall in general. The fact that we have an everyday life in which there are patterns in ways of living is what sets a platform for a sociological breakdown and for being a part in what we do. A better way of understanding ourselves. We use sociology in many ways every day. One central and important study of sociology is the study of everyday social life. Everyday life and sociology are definitely two different words and situations, but they tend to hold a close relationship. While sociology is the study of the human interaction, everyday life consists of everyday human interaction. Everyday life is filled by human beings interacting with one another, ideas, and emotions. Sociology studies the interactions with all of these and shows how mere interaction resulted in things such as ideas. For an example, race and ethnicity are important concepts in the field of sociology and are ones that are studied a great deal. Race plays a large role in everyday human interactions and sociologists want to study how, why, and what the outcomes are of these interactions. Current sociological theories focus mainly on how there are many different factors in our everyday items of life, like movies. We were assigned a final to write a review for a movie in sociological form. The movie that was on the list that also happened to be one of my favorite movies, Toy Story. When we were assigned the assignment, I never thought about how in-depth it was with sociol...
Sociology is a study of society social life, social change, and social causes and consequences of human behaviour and allows us to gain an understanding of the structure and dynamics of today’s society, looking at the interlinking links patterns of human behaviour. Sociology looks at the in which social structure and institutions affect our everyday life. Sociological imagination was founded by C. Wright mills in the 1950`s it is an overall understanding of that some of the things that happen in society may lead to a particular outcome. Mills said it is “the vivid awareness of the relationship between experience and wider society.” sociological imagination can also be defined as the ability to look at how sociological situations can unfold due to how everyone is different. The way we behave is shaped by the situation that we find ourselves in, the values and norms that we have and the way that other members of society act around us. It is also a way of thinking about how things in society have led to a particular outcome, and understanding of what led to that specific outcome. Sociological imagination is an ability to look at things socially and how they interact and influence each other gaining an understanding of different cultures and class systems.
To Quote Anthony Giddens: "Sociology is the study of human social life, groups and societies. It is a dazzling and compelling enterprise, having as its subject matter our own behaviour as social beings. The scope of sociology is extremely wide, ranging from the analysis of passing encounters between individuals in the street up to the investigation of world-wide social processes“(1989). Gidden’s statement describes sociology as a study that helps us understand our own behaviour as human beings in a social word. Sociologist study everything from the interaction between people in the street to the interaction between different countries. Sociologists aim to study how societies have changed over, how societies are structured and organized, the norms of society. It’s also important to understand that not all sociologists agree with each other, Sociologists often debate with one another to prove/disprove certain theories and concepts. By studying Sociology is it helps us analyze social conflicts on a micro and macro scope. Through a macro level, we can study large-scale social organization and large social categories it also examinees social processes and patterns society as a whole. We can analyze individuals much deeper on a micro level. This way we study a human by face-to face interactions. Its important as humans to understand the way our society came together and the reasons to how elements work and function together. Sociology gives us a deeper
The early developments of sociology date back to the late eighteen hundreds and early nineteen hundreds. Sociology’s development was driven by a shift in three main factors; social, economics and politics. All the major philosophers in the early years of sociology thought about the great transformation from “simple, preliterate societies to massive, complex, industrial societies” (Asanet.org, 2014). This paper will discuss and evaluate how the Industrial revolution, French revolution and the dissolution of feudal social order to influenced the creation of sociology as an academic discipline.