chapter  Chapter Five
17 Pages

Genetic Sociology of Law

WithGeorges Gurvitch, Alan Hunt

Genetic sociology of law must renounce the evolutionist prejudice which believes that the "germ" of an uninterrupted unilinear development of jural institutions may be found in primitive society and which confuses problems of the legal typology of societies with that of their origin. The two problems proper to genetic sociology of law are a study of regularities as tendencies of change within each type of legal system and a study of the factors of such regularities of transformation in the life of law in general. Religion, morality, and knowledge, as collective mentalities, beliefs and behaviors, have in common with law the fact that they, are particularly linked to the symbolic and spiritual levels of social reality. In developed societies, where religion, morality, and law are sufficiently distinct from each other, the connection between jural reality and effective morality are particularly intense. Collective psychology indirectly influences law through religion, morality, knowledge, and even through economics and the morphological basis of society.