Sociological Approaches to Law
Module 3
Law reflects society and governs how people
interact with each other. The state (which is part
of society) is responsible for maintaining law and
order.
o Sociology studies the state as a social
institution. It helps us understand how political
institutions, power, and authority work in
different political systems.
o Law is shaped by the needs and values of
society. It changes over time as society evolves.
This is why sociology is important for
understanding the purpose and function of laws.
o A specific branch of sociology, called the sociology of law, studies
how legal institutions work in society. This field helps us
understand why legal systems change and how they relate to
broader social trends.
o Sociology also looks at issues like social disorganization (when
society breaks down) and how this leads to problems like crime.
o Sociology examines how societies maintain order and social
control through laws, norms, and other methods.
o It looks at how different groups in society are organized and how
these groups relate to each other.
Lawyers and Sociological Knowledge
o A lawyer shouldn’t just be a technical expert who knows the laws and
procedures.
o Instead, a lawyer should also act like a “social physician” who understands
society’s problems and uses the law to help solve them.
o Justice Brandies once said that a lawyer who doesn’t understand economics or
sociology might become a “public enemy,” meaning that they won’t be effective
in serving the public if they don’t understand the social context of the law.
• Lawyers and judges need to understand social, economic, and political issues to handle
legal cases properly, especially in areas like constitutional law and labor law.
• Without this understanding, they will struggle to interpret laws in ways that are fair and
realistic.
• Knowing sociology is important for lawmakers, as they need to understand how laws will
affect society.
• It helps ensure that laws serve the public interest and lead to progress.
➢ Lawyers and judges who understand sociological aspects of law are better
equipped to interpret laws in ways that make sense in real life, not just in
theory.
➢ This helps ensure that the law is not just something written in books but
something that actually works for people
Sociological Perspectives to Law
• Durkheim observed that as societies develop, their laws change.
• In simpler societies, laws are repressive—meaning they focus on strict punishment
when people break the rules.
• As societies become more complex, laws become more about restitution—helping
to repair the harm done rather than just punishing people.
• This means that in complex societies, law focuses more on compensating the
victim rather than just punishing the wrongdoer.
Critique by Chamblis and Siedman:
• Chamblis and Siedman, two American researchers, disagreed with this in
some cases. They found that in simpler, preliterate societies, people have
close, personal relationships, so when someone is wrong, the focus is often on
compensation—restoring what was lost or fixing the harm done.
• But in large, modern societies, where relationships are more impersonal and
people don’t know each other well, the law tends to rely more on
repression—using the state or police to enforce rules and punish wrongdoers,
rather than focusing on compensation.
Karl Marx believed that the legal system in his time was designed to
protect the interests of powerful and wealthy groups.
According to him, the law was a tool that allowed these dominant
groups to keep their privileges and control the rest of society.
Marx imagined that in a future communist society, private interests
and personal wealth would be replaced by collective goals for the
common good.
In this society, there would be no need for the state or laws, as people
would manage themselves in small, self-governing communities,
where everyone worked together.
Max Weber’s theory of law is based on the concept of rational
legal authority.
This means that in modern societies, laws and legal systems are
designed to be logical, structured, and predictable.
Over time, these rational legal principles have become the
dominant way of organizing and managing legal systems.
• According to Weber, modern institutions like the state and judiciary operate
according to clear rules and procedures that are meant to be fair and efficient.
These systems rely on a few key elements:
• Hierarchical structure: Authority is organized in levels, where each person has
a specific role and responsibility.
• Division of work: Tasks are divided so that different people or departments
handle different parts of the work.
• Impersonal interactions: Decisions are based on rules, not personal
relationships or favoritism.
• Specific functions: Each part of the system has a clear and defined
role.
• Large-scale organization: Modern law is designed to handle complex
societies with many people.
