chapter  Chapter Three
26 Pages

Differential Sociology of Law (Jural Typology of Particular Groupings)

WithGeorges Gurvitch, Alan Hunt

Just as the systematic sociology of law had to begin with a classification of the forms of sociality, differential jural sociology must begin with a classification of the types of groups or real collective units, as functions of which the reality of law will be studied. Every all-inclusive society shows us a complete web of real collective unities, a macrocosm of groups, each of which constitutes a microcosm of forms of sociality. The majority of groups, whether organized or not, have available for the maintenance of their unity only conditional constraint, because their members may more or less freely retire from the group and thus escape measures of compulsion. The organized group is unitary when its organization represents either a direct synthesis of forms of sociality, or when sub-organizations existing within it play only a subordinate role, the central organization dominating them. As sources of jural frameworks mystic-ecstatic groups are subject to the influence of contradictory factors.