Sociology of Law and its Scope

sosialWhy sociology occupies an important position in the study of law in the world? Because, as stated by Roscoe Pound, sociology can clarify the definition of “legal” and everything that stands behind the symptoms of public order, which can be observed by legal experts.

As the most important branch of sociology, sociology of law still sought formulation. Although during the last decades and has gained the attention of the actual, legal sociology has not yet certain limits are clear. Experts-experts have yet to find an agreement on the subject matter, or problem solved, and its relationship with other legal disciplines.

There is disagreement between sociologists and sociology of law regarding the validity of the law. Legal experts noticed problems quid juris, while serving sociologists elaborate quid facti: restore social facts to the strength of the relationships. Sociology of law is seen by legal experts as to destroy all the norms of law, principles which regulate the facts, as an assessment. Experts are concerned; the presence of the sociology of law can relive good-bad assessment (value judgment) in the investigation of social facts.

There are differences between the sociology of law, known in Europe and sociological jurisprudence, known in the United States. Sociology of law focused investigations in the field of sociology by discussing the relationship group life with the law”. Meanwhile, sociological jurisprudence investigates law and its relation to how to adjust the relationship and orderly behavior in group life.

to determine the applicable law, a person should analyze the symptoms of law in society directly: examining judicial processes, conceptions of law in society (such as on justice), the effectiveness of the law as a means of social control, and the relationship between law and the development of social changes that society is increasingly complex structure and job descriptions of life and growing require legal arrangements should also follow such developments.

Sociology of law developed on the basis of an assumption that the legal process takes place within a network or social system called society. O.W. Holmes, a judge in the United States, said that the law of life is not based on logic, but experience.

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