chapter  Chapter Two
33 Pages

Systematic Sociology of Law (The Microsociology of Law)

WithGeorges Gurvitch, Alan Hunt

Systematic sociology of law has the task of studying the functional relationship between social reality and kinds of law. It is necessary to distinguish clearly between kinds of law, frameworks of law, and systems of law. In modern physics a distinction is made between "macro-physics", dominated by constants founded on the calculation of probabilities and "microphysics" of electrons, waves and "quanta", in which the indeterminate is infinitely greater. The general conditions to which a manifestation of social reality must correspond in order to produce law, i.e., to be a normative fact, are the same for microsociological elements, for real collective units and for all-inclusive societies. The horizontal classification of the forms of sociality develops on two different levels of profundity: direct, spontaneous sociality, and organized, reflected sociality. The microsociology of law is definitely possible under the sole supposition that the distinction between kinds of law, frameworks of law, and systems of law is clearly made.