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The sociology of law, legal sociology, or law and society is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. [1] Some see sociology of law as belonging "necessarily" to the field of sociology, [2] but others tend to consider it a field of research caught up between the disciplines of law and sociology. [3]
According to Tom R. Tyler, People obey the law if they believe it's legitimate, not because they fear punishment—this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment.
The sociology of law refers to both a sub-discipline of sociology and an approach within the field of legal studies. Sociology of law is a diverse field of study that examines the interaction of law with other aspects of society, such as the development of legal institutions and the effect of laws on social change and vice versa.
The sociology of law examines the interaction of law with society and overlaps with jurisprudence, philosophy of law, social theory and more specialised subjects such as criminology. [214] [215] It is a transdisciplinary and multidisciplinary study focused on the theorisation and empirical study of legal practices and experiences as social ...
The Concept of Law is a 1961 book by the legal philosopher H. L. A. Hart and his most famous work. [1] The Concept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy.
Social rules systems include institutions such as norms, laws, regulations, taboos, customs, and a variety of related concepts and are important in the social sciences and humanities. Social rule system theory is fundamentally an institutionalist approach to the social sciences, both in its placing primacy on institutions and in its use of sets ...
Deviance is defined as "nonconformity to a set of norms that are accepted by a significant number of people in a community or society" [33] More simply put, if group members do not follow a norm, they become tagged as a deviant. In the sociological literature, this can often lead to them being considered outcasts of society.
One of the ways mechanical and organic societies differ is the function of law: in mechanical society the law is focused on its punitive aspect, and aims to reinforce the cohesion of the community, often by making the punishment public and extreme; whereas in the organic society the law focuses on repairing the damage done and is more focused ...