Sociology of law: Overview

Question 1

What is the sociological perspective?

Answer 1

• Focus on social structure, social stratification, social function

i.e. One institution (legal, cultural, etc) may exert greater politico-economic influence than another (includes problems of class conflict, sex, race, etc), and these institutions may be analysed in terms of their particular social function

Question 2

What were Tonnies’ 2 types of society?

Answer 2

1. Gemeinschaft
   • Community
   • Based on shared, common interests
   • Private and public indistinguishable
2. Gesellschaft
   • Association
   • Atomistic individuals
   • Private and public interests separate

Question 3

What type of society did Kamenka and Tay add to Tonnies’ types?

Answer 3

Bureaucratic-Administrative

Question 4

What are Nonet and Selznick’s 3-fold classification of laws?

Answer 4

1. Repressive law
2. Autonomous law
3. Responsive law