Sociological Jurisprudence and Sociology of Law

Defining law can be difficult to do since its definition varies among various people. Many people see law as standards for human behavior that reflect the deepest values and morals of the society. Others see law as a game which acts as a set of guidelines for settling disagreements in a nonviolent way. From a sociologist’s perspective law is viewed as a behavioral system with the two aspects of roles/hierarchy and rules/discretion. Not only is law thought of as a behavioral system from a sociologist’s perspective but also as an institution which is a set of directions for doing things. When laws have been disobeyed by a member of society a form of punishment will be determined and it is not always effective. Everyone has their own views on law and punishment which is why I want to look at what theorists Emile Durkheim and Karl Marx view as the role and function of law and punishment. Before I can show the weaknesses, similarities and differences between each of their views I will give an overview of their thoughts on the role and function of law and punishment.

Sociology is the study of how social forces influence individuals living within a society. Any society is made of norms, values and beliefs that have the effect of constraining individuals’ thoughts and behaviors. Through understanding and sociological imagination, individuals can remove or at least lessen the social forces’ impacts that are causing the constraints.

Chapter six brings a different approach at introducing the importance of sociology. This chapter, focuses upon the historical significance of American sociology as society knows of it today. It discusses many different aspects of sociology, but it intentionally focuses on these important aspects that include: “The Chicago school”, sociologists whom attributed to American sociology, and the rise of female sociologists. These three fundamentals establish the overall history of American sociology.

Before commencing a discussion on analyzing the article “What makes sociology a different discipline” from the other sciences we should have the know-how about sociology. In the words of modern thinkers of sociology namely Karl Marx, Max Weber and Emile Durkheim “Social fact should be the subject matter for the study of social life and can provide explanations for human thinking and behavior (p19)”. What we infer from the above definition is that man is born as a social animal. Man cannot live alone. He prefers to live in groups and his behavior that is actions and deeds are well governed and regulated by certain rules and laws of conduct that comprises of moral ethics and civic standards. His standard of living is said to be within the

Sociologists develop theories to explain and analyze society at different levels and from different perspectives. Sociologists study everything from the micro level of analysis of small social patterns to the “big picture” which is the macro level of analysis of large social patterns.

A key part of engaging in sociology is to adopt a sociological viewpoint or 'think sociologically'. Etymologically, sociology is the 'study of society' but this doesn't differentiate sociology from other forms of social study. Hence, many begin to describe thinking sociologically by what it is not - it is not thinking politically, thinking anthropologically, thinking historically or thinking psychologically, for example (Berger 1966: 11-36; Reiss 1968: 2-3). Others try to determine the nature of sociological thinking by detailing practical phenomena which can be thought about such as social systems and their subsystems, social institutions and social structure, and social aggregates, relationships, groups and organisations (Reiss 1968: 1),

PHL 612 Philosophy of Law [Calendar Description]: What is law? What makes something a legal norm? Should

According to Durkheim, Social fact or social phenomenon are the main subject matter of sociology. He said in one of his pieces that social fact must be studied distinct from the biological and psychological phenomenon. Social order is the trend of behavior being used to exercise power over another person. It has become rules and regulations that have been set up by some authorities to be obeyed by another group of people who are being undermined in a society, it is a situation that oppressed people and limits them from their liberties. When people go through these situations they cannot function the way they are supposed to function because they are limited by their freedom. These social orders are not only laws but rather certain norms created by the authority to put a whole race into a situation where they are very far from freedom of speech, movement, and knowledge. African Americans are an example of a race that has been through discrimination at workplaces, schools, community etc. They are one race which has been a label or put in a class where the situation will never permit you to climb the ladder of success. Although you might have all the certification, qualification, the best schools, etc. but the fact that you came from the poor class or the lower class, it becomes very difficult for the Caucasian people to give you the opportunity you deserve, because of this, the citizens of American have been grouped into different classes which are upper, middle, working,

Sociology is the systemic study of human society and social interaction. Sociologists study human societies and their social interactions in order to develop theories of how human behavior is shaped by group life and how, in turn, group life is affected by individuals (Kendall, 4). The movie Crash (Haggis, 2005), is full of many sociological issues, such as race, social class, and gender. Crash makes you see how group life is affected by individuals and how human behavior is shaped by group life.

     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

Horrigan, B, _Adventures in Law & Justice: exploring the big legal questions in Everyday Life_, Lawbook Company, Sydney, 2003

Sociologists have many perspectives when it comes to the examination of our laws. Three out of many theories of lawmaking processes are the Rationalistic model, Functionalistic view, and Conflict perspective. Rationalistic models view laws as a rational way of increasing protection for members of society from crimes which are “socially injurious” (Vago 2012). Functionalist view look at where the ideas behind the laws come from and describes laws as “re-institutionalized customs”, where lawmaking is a reiteration of customs (Vago 2012). Conflict perspective describe laws as value the opinions of the elite, instill unequal access to economic goods which upkeep the social economical groups, basically keeps the elite on top (Vago 2012). The three theories are all similar but different at the same time. In my opinion, conflict theories captures the reality of law making process.

The sociological imagination raises three core questions. Firstly, what is the structure of the society being studied? Secondly, what relevance does its context in history have? And thirdly, how does it influence and shape those within it? (Mills, 1959: 6-7). The consideration of these questions enables the greatest understanding of the relationship between society and an individual’s position and circumstance, and is what makes the concept sociological.

How you ever wonder how society works? This is a question that sociologist try to answer every day by using Sociology. Sociology is the study of development, structure and functionalism of a society. In sociology, there are three major perspectives used by sociologist to interpreter a society. Robert K Merton is an American sociologist who contributed several theories to help better understand society through the sociology functionalism perspective. Merton’s theories on functional analysis defined terms for the functionalism perspective, and his strain theory was a breakthrough on understanding human behavior and plausible causes for deviance.

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