Foundations Of Sociology

Overview: Law is defined instrumentally Law makes available tools, resources, symbols and languages useful in the construction of social order. Law is a moral mirror reflecting ways of being, social relations and conception of value and rigth the sources of which lie outside law

 Traced
Roscoe

back to middle of 19th Century.

Pound- Social control through the systematic application of the force of politically organized society.

 According

to Pound, Sociology of Law is concerned with:

Legal order- a regime of adjusting relations and ordering conduct by the systematic application of the force of a politically organized society. Authoritative guides and principles to the determination of disputes in a society, a code of percepts based upon accepted ideals Judicial and administrative process Character or legislation and not types of legal system.

 Closeness
Maine

between law and religion

considered that all early law was characterized by lack of differentiation between legal and religious rules. Mayne- Hindu Law is based on immemorial customs, which existed prior to, and independent of, Brahminism.

J.D.

Max Weber refers to dominant priesthood which was able to regulate the whole range of life ritualistically and thus to a considerable extent control the entire legal system.

 New

cultural values and ways of life. New forms of economic activities. Development of industry, trade, urban centers and Western education
All this brought about change in opinion which ultimately affected law through the growing body of legislation.

Since 19th century Rationalization of Law Systematic legislation in relation to customary and traditional law. Separation of Law from religion and morality. Shift from status to contract in which individual rather than family is the basic legal entity.

 In

some advanced societies law, religion and morals are largely fused. Moral rules still largely influenced by religious conceptions. In India changes in law resulting from economic development and spread of modern social and political doctrines.

 Significance

of law rests upon moral sentiments. Law is influenced by institutional arrangements of society. Law bring about the precision of rules and and sanctions. Law brings about certainty in human behaviour which cannot be attained through other types of social control.

 Sociology:

A Guide To Problems and Literature, T.B. Bottomore A Sociological Interpretation of the Relationship Between Law & Society, Susan S. Silbey