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Abstract

Human being with their social problems keep making a lot of kind both
natural or social sciences to answer what could be the solutions of their
problems. And of course as young fresh scholars with tons of curiosity we must
learn more about existing sciences so we can develop them in the future as new
bright generations. For instance, started from a thought of sociological law or
sociological jurisprudence which had been developing as a new science in the
realm of law and creating another path to answer all of social problems. Called
as Sociology of Law, a concept of law which is involving observations and
social concepts, so the aims of law to create peace and justice can be achieved.

Background
Making well-ordered or well-organized society is the aim of creating
justice among of individuals in the society. Society as a group of some certain
individuals who live in a certain region and they are required to obey the rule of
law which exist in the region. Law is a set of regulation and rules, both written
or unwritten which basically have to be known as a common knowledge by
citizens in the social live. Relation between law and society are inseparable
which cannot be tore apart one to each other, recalling that the basic relation
between law and society can be found in the function of law in society, they are:
a. Law as society controller, society live cannot be possible to be
controlled if there is no law around.
b. Society is a media or an agency for the existence of law. If there is no
society so there will be no any law.
c. Besides, it is impossible for us to deny the fact that the existence of law
is one of main tools for each individuals in the society where individuals
themselves participating in the society. To satisfy the main necessity in
order to achieve the function of law in the society, which not only has
function as a set of regulation systems ruling in the society, doctrine,
and rule or principle which been made and announced by state or legal

institution, but also the process in the making of law itself through the
use of power.1
Law has major and important role in the developing of other sciences,
so does the opposite, other sciences must be important for developing law as a
science, they are complementary. International Relation, Anthropology,
Sociology, Economic, Politic etc. law need all of them to develop itself. For
instance, in International Relation, Law is a tool to limit the authorization
between two states.
We have to deal not only with phenomena relating to international law
understood as low between nations, but also those relating to international
organizations, private companies, and NGOs and private international law. 2 Or
for example in Sociology, Law can be analyzed sociologically which will be
elaborated in the paper.

Purpose of Writings
There are so many acknowledge of terms in the social sciences which
have similar names or terms but have different meaning, even if we apply this
terms in a different sentences or conditions the meaning of the terms will be
drastically changed. Sometimes we dont give any attentions to this trivia thing
but if we dont understand what do exactly the terms mean we may be got
confused when we read some readings or even when we start doing our own
research. For instance, when there is a method and methodology or
methodological as a word in a sentence, they clearly have the same main root
word but again they have different meanings.

1 Hetharia, Melisa. The Function of Law According to Roscoe Pound. Depok: Library of

University of Indonesia.
2 Yasuaki, Onuma. 2003. International Law in and with International Politics: The

Function of International Law in International Society. EJIL.


2

So does sociology of law and sociological law, as a writer of this paper


once I got confused with both phrases. I wondered whether both phrases have
similar meanings, different purposes, or most probably the background history
of both terms are the same but it has been developing so now they are different
to each other? An interesting puzzle that would give us some addition
knowledge if we can reveal the problem that listed above.
Therefore, in this paper entitled Sociology of Law and Sociological
Law: Is It a Difference of Term or A Development of One Field Study That
Should be Understood? will be explained about the background of sociology
of law and sociological law, the function of sociology in law science including
its development and its application. Through this paper I hope that all readers
will understand and can differentiate the meaning of sociology of law and
sociological law, also can apply the knowledge in other papers related to
sociological law or sociology of law with different theme in the future.

Discussions
1. The Development of Law Science
Human being in a society make them as individuals who need other
individual to survive and develop in the society. So does knowledge or science
need other branch of science to be developed and develop itself. International
Relation emerged after world war I. with the issue of chair of international
relation in 1928 could develop and analyzed the science through its research
methods with some assists of other sciences which have existed or been found
long ago before the science of international relation was formed. In the
quantitative-based methods international relation researches will be used
mathematical calculations and some statistic to crack social problems in the
realm of international relation. In this chapter, I will try to elaborate the relation
between sociology as a science and law so that we can find the answer of the
problem in this paper.

The so called sociological movements in law that emerged in the


years after world war II, especially in the United State, was primarily a product
of the legal profession in legal scholarship. These scholars sought to found a
tradition of sociological jurisprudence and other perspectives of legal
scholarship informed by social science in order to articulate an interest in the
effects of law on society and conversely, the influences of social events on
substantive and procedural aspect of law.3 The modern sociology of law not only
furthered the application of sociological knowledge to unravel the patterns and
mechanism of law in a variety of social settings, it also contributed to have other
social sciences develop their respective approaches to the study of law and to
bring these various social-science perspectives.
In 1907 Max Weber had found Sociological thought which states that
social interaction is an attribute of human behavior.4 Therefore, researches in
social science including law science toward the individual behavior and the
cause of social interactions emergence will have a lot of advantage to the
development of knowledge. According to Webers statement, Anthony Kronman
- a professor of law at Yale Law School. A former dean of Yale Law School,
professor Kronman teaches in the areas of jurisprudence, social theory and
professional responsibility5 -,there are three approaches in the study of law, they
are:
a. Internal perspectives of law study law in its own terms,
b. Transcending the legal perspective law,
c. External perspectives of law engage in the theoretically driven empirical
study of law.6
3 Deflem, Mathieu. 2008. Sociology of Law: Visions of Scholarly Tradition. Cambridge:

Cambridge University Press.


4 Hyden, Hakan and Per Wickenberg. 2008. Contributions in Sociology of Law.
5 www.law.yale.edu downloaded in 2015, Dec 27th at 13.47
6 Deflem, Mathieu. 2008. Sociology of Law: Visions of Scholarly Tradition. Cambridge:

Cambridge University Press.


4

According to the points that listed above law sciences approach will
contribute to the internal consistency of law by offering intellectual grounding
to as well as practical training in the law. Philosophical perspectives of law are
engaging in a normatively oriented quest to search for an ultimate justification
of law. And empirical study of law is to examine the characteristics of existing
system of law. Deflem states in his book entitled Sociology of Law that the
practices of law refer to the whole of roles, positions, interaction, and
organizations that are involved with those norms in variable ways.

2. From Sociological Jurisprudence to Sociology of Law


Derived from the original book, Sociology of Law written by Mathieu
Deflem. From sociological jurisprudence to sociology of law, in this chapter well
be explained about the history of how sociology of law was formed from time to
time. Sociology of law is a development of a perspective called sociological
jurisprudence. Established by Harvard law professor Roscoe Pound 7,
sociological jurisprudence was an extension of the legal thought of the famous
United State jurist Oliver Wendell Holmes, Jr., who had formulated a conception
of law as reflecting a nations development. Inspired by Holmes and the turn
towards a scientifically informed jurisprudence and sociological jurisprudence
additionally paved the way for school of legal realism where realist science
accepts that social structures have some form of independent existence which is
experienced as external to us as individuals.8 This proves that sociological
jurisprudence needs social observations and experiments to be able to analyze its
problems.
Defined from the essence of law itself which has the same difficulties as
if we try to define the meaning of sociology. But then again if we think further
more about both of law and sociology as science we might found that sociology
7 Deflem, Mathieu. 2008. Sociology of Law: Visions of Scholarly Tradition. Cambridge:

Cambridge University Press.


8 www.sociology.org.uk/tmmeth1.doc downloaded in 2015, Dec 28th at 19:21
5

data will have the same essence as sociology of law. What I was trying to say is
that the base of law is taken from the social reality and social events. The law
base union which has been established by law-social group and social events that
aim to provide well-organized and justice among the society.
Law is a result of a group of social facts. A group of facts that has
special characteristic which only can be formed by itself from polarization of
social facts. A group which has strong steady continuity and forms different
quality or value of social events. The arrangement structure of what we have
been discussing would be concluded as: social events are polarizations of social
life which will emerge social facts.9
From the statements above taken from a book by Do. Dr. Niyazi
ktem entitled Hukuk Felsefesi ve Hukuk Sosyolojisi which explains that law
and social have complementary function to create well-ordered society that need
law tool and law itself can be applied in a media called society.
It is a testimony to the maturation of the sociology of law that is harbors
the major theoretical perspectives of sociology at large. Sociologist of law vary
in their respective theoretical positions along the familiar lines of conflict versus
order, structure versus agency, explanation versus interpretation, objectivism
versus constructionism, and contextualism versus behaviorism. Very distinct, but
by no means unique to the sociology of law is the problem of norms, such as it
surfaces most strongly in the opposition between jurisprudential sociology and
pure sociology. n that sense, the sociology of law can serve as a reminder of the
centrality of norms to sociological analysis and that every sociology must deal
with these questions. The sociology of law can rightly claim a unique
accomplishment in not evading but, on the contrary, explicitly taking up critical
problems for sociological theory and research that are posed by the normativity
of society.
n comparison with the classic sociological contributions, the modern
sociology of law has not been as convincing towards sociologist outside the
speciality area reaffirming the centrality of law to sociology as a whole. n that
respect, however, not only theoretical arguments are in order, for there are also
9 ktem, Niyazi. 1988. Hukuk Felsefesi ve Hukuk Sosyolojisi. stanbul: Beta.
6

institutional reasons why the sociology of law has remained somewhat on the
sidelines in sociological discourse. The peculiar problem is that the sociology of
law has remained confronted throughout its developement with the proliferation
of legal scholarship (in law) and the emergence and the progress of socio-legal
studies (in the social behavioral sciences). Especially in the view of the
successful developement of the law and society tradition as a multidisciplinary
field, the reality is that many sociologist of law sought shelter outside of the
disciplinary boundaries of sociology. Within the sociology of law, however, the
contributions to the study of law have been manifold, both in theorerical and
subtantive respects.
The developement of sociological jurisprudence and legal realism was
not primarily a function of the intellectual history of sociology and social
sciences but of a developement of the professionalization of law that also
affected the sociology of law and socio-legal studies. n terms of their respective
objectives, sociological jusrisprudence and sociology of law differ in terms of
their divergent attitudes towards the relation law and morality. Historically,
however, the modern sociology of law found in sociological jurisprudence,
unlike legal realism, a precursor that helped shape its directions. n this sence,
part of the developement of the sociology of law related more closely to the
social reality of law rather than the inlectual power of the sociological vision. n
fact, legal scholarship in th United States was so inlvolved with the social study
of law that it had even managed to appropriate some of the early European
sociology of law.
Sociology of law would also examine the empirical validity from one
rule or one statement of law so we could know whether they match or not with
the condition of society.10 Sociology does not give some value to law. Positive
behavior and deviation behavior has to be valued at the same level as the way of
sociology sees human behavior, nothing is always wrong and conversely,
nothing is always true. When an individual behaves way to far from the value of
society it doesnt mean that this individual did the wrong thing, instead we need
10 Lightman, J. B. 1942. American Sociological Review. ASA.
7

to examine why this individual did so. The main attention from sociology of law
is just from the explanation or description of object that we are examining on.
Sociology of law is a scientific study about social cases.
One of the sociology of laws mission is to predict and to explain every
law phenomenon and how one case law can enter the law system and what we
suppose to elaborate them so every events can be understood to solve. Sociology
of law also uses facts of environments live where the law takes a charges.
Moreover, sociology of law is not a work of sociology and out of
nowhere law comes in favor. So the sociology of laws expert is a jury not a
sociologist. It is because the sociology of laws experts must be able to know,
differentiate, read and understand every phenomenon of law as their studys
object. After that they are going to use law science approaches (dogmatic) to
study and analyze the phenomenon.
The development of a thought called sociological jurisprudence/law has
brought a new fresh science to the crystal of knowledge, sociology of law. So the
aim of law itself successfully can be achieved as John Locke said in one of his
book which states the existence of law which organize the citizens of a state to
be pleased with their own right
3. How Sociology of Law works?
Based on explanation above we can conclude that law is a social process
and moreover is an interaction process between individuals or actor in law,
society as observer, controller and also as programmer.11 Social process is the
influence of any aspect reaction in the humans live. In that process social
interaction take the main place to play.
In the social interaction there is a significance of contact reaction or
inter-simulation and response of individuals or groups. Interaction has
correlations with social norms to create solicitous, well-ordered, clear and
sureness, however inside of social interaction itself there no such certainty.
Therefore, to answer all of the problems sociology of law is always needed. The
presence of sociology of law all the social problems among society will be
11 Muchtasar, Rizal. Sociology of Law in a Morality Dimension in Indonesia/ Sosiologi

Hukum dalam Dimensi Moralitas di Indonesia.


8

observed, noted, elaborated and be explained. Sociology of law is so applicable


in the previous law system which has been already existing in a state. For
instance, in a common law system and civil law system.
Common law system can be explained as law which is made according
to the custom or tradition that occur in the society and also judge decisions
determine this system. In the past the common law system had so many
unwritten rules and regulations, but nowadays these rules and regulations are
written and the codification of these rules and regulations were made.
Civil law system was occurred in Europe which was made according to
the codification of law that was done by an institution and this institution for
some certain purpose is being authorized by the state, also the source of civil law
is taken from the social event. Usage and habit that occur in and accepted by the
society if there is no or if there will be no any classification with ordinance or
act of law this usages and habits are the oldest law in the society that ever exist. 12
Moreover, sociology of law has given a bright solution to solve law problems
and for sure it has also given good deeds for human being in a sovereign country
with tons of problems.

Conclusion
Law is a set of regulation and rules, both written or unwritten which
basically have to be known as a common knowledge by citizens in the social
live. Relation between law and society are inseparable which cannot be tore
apart one to each other. To satisfy the main necessity in order to achieve the
function of law in the society, which not only has function as a set of regulation
systems ruling in the society, doctrine, and rule or principle which been made
and announced by state or legal institution, but also the process in the making of
law itself through the use of power. The experts of law thought that there should
be a social-based law system because law itself is a social tool.
12 Syauqi, Achmad. 2012. History of Civil Law and Common Law System and Its Relation

of Law Development in Indonesia/ Sejarah Civil Law dan Common Law System,
Hubungannya dalam Perkembangan Hukum di Indonesia. Mataram: Universitas Negeri
Mataram.
9

Sociological movements in law that emerged in the years after world


war II, especially in the United State, was primarily a product of the legal
profession in legal scholarship. These scholars sought to found a tradition of
sociological jurisprudence and other perspectives of legal scholarship informed
by social science in order to articulate an interest in the effects of law on society
and conversely, the influences of social events on substantive and procedural
aspect of law. In 1907 Max Weber had found Sociological thought which states
that social interaction is an attribute of human behavior. Therefore, researches in
social science including law science toward the individual behavior and the
cause of social interactions emergence will have a lot of advantage to the
development of knowledge.
Sociology of law is a development of a perspective called sociological
jurisprudence. Established by Harvard law professor Roscoe Pound which at the
next level sociology of law well be the approach in the research of law. Law
sciences approach will contribute to the internal consistency of law by offering
intellectual grounding to as well as practical training in the law. Philosophical
perspectives of law are engaging in a normatively oriented quest to search for an
ultimate justification of law. And empirical study of law is to examine the
characteristics of existing system of law.
The main attention from sociology of law is just from the explanation or
description of object that we are examining on. Sociology of law is a scientific
study about social cases. One of the sociology of laws mission is to predict and
to explain every law phenomenon and how one case law can enter the law
system and what we suppose to elaborate them so every events can be
understood to solve. Sociology of law also uses facts of environments live
where the law takes a charges. The application of sociology of law can be found
in the common law and civil law system. For instance, in common law and civil
law system we will see that the system leads us to the observation of social
behavior which has a very strong relation with sociology of law.

10

Bibliographical

Deflem, Mathieu. 2008. Sociology of Law: Visions of Scholarly Tradition.


Cambridge: Cambridge University Press.
Hetharia, Melisa. The Function of Law According to Roscoe Pound. Depok:
Library of University of Indonesia.
Hyden, Hakan and Per Wickenberg. 2008. Contributions in Sociology of Law.
Lightman, J. B. 1942. American Sociological Review. ASA.
Muchtasar, Rizal. Sociology of Law in a Morality Dimension in Indonesia/
Sosiologi Hukum dalam Dimensi Moralitas di Indonesia.
ktem, Niyazi. 1988. Hukuk Felsefesi ve Hukuk Sosyolojisi. stanbul: Beta.
Syauqi, Achmad. 2012. History of Civil Law and Common Law System and Its
Relation of Law Development in Indonesia/ Sejarah Civil Law dan
Common Law System, Hubungannya dalam Perkembangan Hukum di
Indonesia. Mataram: Universitas Negeri Mataram.
www.law.yale.edu downloaded in 2015, Dec 27th at 13.47
www.sociology.org.uk/tmmeth1.doc downloaded in 2015, Dec 28th at 19:21
Yasuaki, Onuma. 2003. International Law in and with International Politics:
The Function of International Law in International Society. EJIL.

11

Contents
Abstract1
Background...................................................................................................................
Purpose of Writings........................................................................................................
Discussions....................................................................................................................
1.

The Development of Law Science.............................................................................

2.

From Sociological Jurisprudence to Sociology of Law..................................................

3.

How Sociology of Law works?.................................................................................

Conclusion....................................................................................................................
Bibliographical............................................................................................................

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