Sociology of law
The sociology of law studied as a sociological discipline the interaction of legal and social reality. In contrast to the law, the sociology of law is understood as an empirical science and continues to review its theoretical theses one the methods of empirical social research. With regard to their object of study it takes in addition to the legal system and the existence of other social structures of order note. Significant research problems arise from the distinction between social and legal norms and the factual Zweistämmigkeit the emergence of the legal system, which is apparently only partially due to social norms. In contrast to the dogmatic oriented jurisprudence sociology of law understands law as a phenomenon of social reality that is constructed by social behavior patterns and relationships, stabilized or modified existing power and domination.
The social sciences found in the 1970s in various places moving into the jurisprudential studies, partly because the political control of society was addressed by the law. Some universities tested a social-scientific legal education, which, however, was unable to prevail against the classical model of dogmatic trained lawyers. The institutional affiliation of the Sociology of Law as a ( perceived) marginal science was so little and is still guaranteed. The sociology of law is enshrined at the German universities traditionally in the jurisprudential and not in the social science disciplines. Established in Germany since about the 1970s at the universities, the tension between law and society in the Anglo-American academic discussion has a comparatively larger value ( Law and Society Movement). Since 1989, the International Institute for the Sociology of Law exists.
Two paradigms
The classical sociology of law moves between two paradigms: the " sociological jurisprudence " and the disciplinary sociological analysis, the " sociology of law ".
Still stands above all the name Eugen Ehrlich for sociological jurisprudence. It is an attempt to get on the understanding of the relationship between law and society a better law. The sociology of law, however, regards itself as a sub-case of the general sociology, which wants to describe and understand " law " as a social phenomenon.
Today, the research goes beyond the interactions between law and society through classical sociological approaches. " Sociology of Law " is considered by many in the sense of Anglo-American Law and Society Research or the socio - legal studies understood as a discipline not bound (trans -disciplinary ) project, which encompasses the entire spectrum of social law research. This is based on the finding that disciplinary approaches to research, understand the law as a social phenomenon and investigate the relationship between law and society, are necessary contingent, benefit from each other just in their pluralism, and not infrequently a change or extension of the " own " professional field of view contribute.
Research into legal reality in this sense include ( socio - legal research ) in addition to the classical sociological and empirical approaches, among others, the (legal) anthropology, ethnology, cultural studies, gender studies, economics, political science, social history and psychology and management sciences. There is a close relationship between the sociology of law and legal theory.