Source and the Sociology of Law _3501

ncycgdxhl · Wysłany: Wto 21:59, 29 Mar 2011

Source and the Sociology of Law

Sociological concepts such as technology and the use of sociological analysis of legal theory and legal systems to a specific study. As the theory of research, sociology of law have matured, scholars have mastered the necessary technology and methods, have begun to study specific goals related to the larger cause of humanity and the guiding principles, such as the function of law, the role of the legal system , the meaning of justice and other issues. Many scholars of this period, complex and diverse viewpoints,[link widoczny dla zalogowanych], the paper far as Selznick and Luhmann's theoretical views to make a few brief comments. Selznick is the main representative of the Berkeley school, the United States after World War II one of the principal legal sociologists. The main theoretical point of view as follows: The function of law is to maintain public order, confirm the rights and obligations, promote mutual cooperation, confirmed the legality of, establishing ethical standards; laws in the study of Sociology is not confined to normative analysis, and should use natural law philosophical way of thinking, to determine certain values, and as established, modified, annulled the basis of specific legal norms; the rule of law ideal is that the rational principles of civic order to restrict the rights of the official; the one hand, the law of the society existence of the phenomenon is inseparable from the value of factors that Through the above analysis we can see: Selznick thought not only by the classical school of law society, but also by the impact of the classical natural law. The criteria will be of value as a measure of the development and application of rational basis for the rule of law, Selznick This is a distinctive feature of the theory. Luhmann, the German sociologists, jurists, the system of Law and founder of sociological thought. The main theoretical point of view as follows: must be as part of the social structure of law and society as a whole as a social system, the interdependence among themselves placed in the perspective of observation, research, law is a kind of social system structure, its function is to regulate the complexity of social systems; legal and social relationship between the question can be summarized as , the ancient stage, and pre-modern social and legal stage, stage of positive law. Luhmann's system sociology of law to show us the western legal philosophy the idea of a new tendency to system theory to study the sociology of law has a new method of practical significance. However, its theoretical defects can not be ignored, the theory of law and social relationships purely from the standpoint of the laws discussed in legal and related phenomena, but does not involve law and the state cents, social relations, thus avoiding the law of the nature of the problem.