Sociologists and The Law

SOCIOLOGISTS AND THE LAW

Before proceeding with this review of the perspectives of the various academic disciplines, it might be helpful to briefly summarize the views of a leading pupil in the field of efficacious sociology, Edwin M. Schur, on the issue of why the oeuvre of fairness as a tender phenomenon has been chiefly overlooked by sociologists.

Given the importance of law in social life and the existence of a distinctively legal set of institutions, it is unsung how little interest there has been in the field of legal sociology. Schur (1968, pp. 5-8) identifies four factors which contribute to this relative lack of attention to law as a social phenomenon.

a. First, law is often seen by sociologists as a normative enterprise involved in establishing rules of proper conduct. Since some sociologists believe that, as social scientists, they must draw a firm line between what is (an empiric question) and what ought to be (a normative question) they have avoided the normative world of law.

b. Second, he argues that the social scientist has often been afraid to enter into the apparently impertinent world of the law. The overwhelming body of law, which exists, has been a barrier to many social scientists.

c.



Third, there is a tendency, says Schur, for American sociologists to perceive the study of legal phenomena as more appropriately within the plain of philosophers of law, the students of jurisprudence. In addition, many of these philosophers had also received legal rearing and were seen, therefore, as possessing a major advantage over American social scientists.

d. Finally, he suggests that the study of law as a social institution is often hindered by the lack of reciprocal respect among lawyers and social scientists. Hampered by different terminology and pursue different goals, lawyers and social scientists have...

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