THE SOCIOLGY OF LAW AN INTRODUCTIONPDF电子书下载

Introduction: Theory and Method in the Study of Law 1

1 The Social Basis of Law 17

Folkways and Mores 19

Law and Culture 22

Ehrlich's Polemic Against Legal Positivism 27

Law as the Framework of Social Life 31

Empirical Studies of the 'Living Law' 34

Mere Polemic? 37

The Problem of the Concept of Law 40

2 Law as an Instrument of Social Change 48

Modern Law and Modern State 49

Social Change 51

The Limits of Effective Legal Action 54

Making People Good Through Law? 57

Legislative Strategies for Promoting Social Change 61

Some Prerequisites for Effective Legislation 64

Limitations of 'Law and Social Change' Studies 68

3 Law as an Integrative Mechanism 73

Function and Purpose in Law 74

A Law-centred Conception of Social Cohesion: Pound 76

Law and Solidarity in Modern Society: Durkheim 79

Universal Functions of Law?: Llewellyn 82

Social System and Social Structure: Parsons 84

The Autonomy of Law in Western Society 87

The Legal Profession and Its Functions 90

The Legal System as a Sub-System of Society 93

Law and Equal Opportunity: An Empirical Test of Parsonian Theory 95

Functionalism as Social Theory 98

The Integrative Functions of Law 100

4 Law, Power and Ideology 104

The Consensus Constituency 104

Symbolic Functions of Law 108

Marx: Repressive and Ideological Functions of Law 112

Law, Class and Power 116

Law and Ideology 120

Legal Individualism 125

Law in Corporate Society 130

State and Individual 138

The Problem of Economic Determinism 141

5 The Acceptance and Legitimacy of Law 146

The Experience of Law: Positivist Approaches and KOL Studies 147

Legal Socialisation 150

Deterrence and Compliance with Law 152

Microsociological Approaches: Phenomenology and Ethnomethodology 154

Instrumental Acceptance of Law: Max Weber 158

Legality and Legitimacy 162

The Meaning of the Rule of Law 168

The Transformations of Modern Law: Discretionary, Mechanical and Particularised Regulation 171

Sociological Explanations of Changes in the Form of Western Law 177

Legal Legitimacy After the Rule of Law? 178

Ideology, Personal Values and Support for Law 180

6 Professional Guardianship of Law 188

What is a Legal Profession? 189

Professional Unity and the Stratification of Legal Work 194

Official Values of Legal Practice 197

Client Interests and 'Public Interest' 201

Professional Knowledge 205

The Effects of Lawyers on the Law 210

7 Judges, Courts, Disputes 216

Concepts of Judge and Court 218

Courts and Disputes 222

Judicial Behaviour and Organisational Studies of Higher Courts 228

Phenomenology, Ethnomethodology and Studies of Interaction and Organisation in Lower Courts 234

Ideological Functions of Courts 237

Judge and State 245

Judicial Hierarchies as Administrative Systems 249

Courts as Policy Makers 253

Postcript on Functional Analysis of Courts 257

8 The Enforcement and Invocation of Law 259

Institutional Commitments to Legal Doctrine 260

Enforcing Law and Invoking Law 262

Opportunity and Incentive to Invoke Law 264

Types of Enforcement Agencies 271

Regulatory Agencies and Their Strategies 274

Regulatory Agencies and Their Environment 279

Regulation and 'Real Crime' 285

Police and Law 288

Police Work and Police Organisation 294

Police Culture 298

Enforcement and Law 301

9 The Prognosis for Law 303

The Scope of Law and Legal Authority 305

Informalism, Delegalisation and Access to Law 309

State, Civil Society and the Diffusion of Power and Control 313

The Breakdown of Legal Autonomy? 317

The Future of Legal Individualism 321

The Democratisation of Law 323

Notes and Further Reading 333

Abbreviations 367

References 368

Index 393