ABSTRACT
This chapter reviews how social scientists have tried to understand law since the study of law and society began during the nineteenth century. It discusses the difference between positive law and natural law and describes examples of how definitions of law affect conclusions regarding the existence of law in a society. The chapter outlines the major assumptions of functionalism, conflict theory, critical legal studies, critical race theory, and feminist legal theory. It also reviews the most important historical and contemporary explanations of law. Two chief proponents of legal formalism were John Austin and Hans Kelsen. Before discussing the various social science perspectives on law and society, it would naturally be helpful to have a precise definition of law. The chapter examines legal formalism, utilitarianism, historical school, legal realism, the early law and society movement. Two anthropologists examined several dozen accusations of various rule violations between 1870 and 1925.
