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