ABSTRACT

The purpose of this book is to introduce the sociology of law by providing a coherent organization to the general body of literature in that field. As such, the text gives a comprehensive overview of theoretical sociology of law. It deals with the broad expanse of the field and covers a vast amount of intellectual terrain. This volume is intended to fill a gap in the literature. Most textbooks in the sociology of law are insufficiently theoretical or else do not provide a paradigmatic analysis of sociological theories.

The content of this text consists of discussions of the works of scholars who have contributed the most to the cumulative development of the sociology of law. It surveys the major traditions of legal sociology but is not wedded to any one particular theoretical approach. Both the "classical," or nineteenth-century, and "contemporary," or twentieth-century, perspectives are covered. The reader will see that nineteenth-century thought has directly influenced the emergence of twentieth-century theory.

One unique feature of this book is that key sociological and legal concepts, presented in bold print and italics, are defined, described, and illustrated throughout. Although the nature of the subject matter is highly theoretical and, at times, quite complex, Trevino values every effort to present the material in the most straightforward and intelligible form possible without compromising the integrity of the theories themselves. In short, this book aims to accomplish three objectives: inform about the progressive advancement of sociological theory, teach the reader to analyze the law as a social phenomenon, and develop in the reader a critical mode of thinking about issues relevant to the relationship between law and society.

chapter 1|12 pages

The Sociology of Law

chapter 2|23 pages

Foundational Works on Law and Society

chapter |8 pages

Ancient Law

BySir Henry Maine

chapter |6 pages

Laws

ByHerbert Spencer

chapter |5 pages

Folkways and Mores

ByWilliam Graham Sumner

chapter 3|21 pages

The Sociological Movement in Law

chapter |4 pages

The Path of the Law

ByOliver Wendell Holmes

chapter |9 pages

A Survey of Social Interests

ByRoscoe Pound

chapter |4 pages

Some Realism about Realism— Responding to Dean Pound

ByKarl N. Llewellyn

chapter 4|35 pages

The Marxian Perspective

chapter |12 pages

Debates on the Law on Thefts of Wood 1

ByKarl Marx

chapter 1635|43 pages

The Weberian Perspective

chapter |3 pages

Categories of Legal Thought

ByMax Weber

chapter |11 pages

The Concept of Legitimation in the Sociology of Law

ByAlan Hyde

chapter |13 pages

Max Weber on Law and the Rise of Capitalism

ByDavid M. Trubek

chapter 6|42 pages

The Durkheimian Perspective

chapter |12 pages

The Evolution of Punishment

ByEmile Durkheim

chapter |11 pages

Law and Durkheimian Order: An Empirical Examination of the Convergence of Legal and Social Definitions of Law

ByLonn Lanza-Kaduce, Marvin D. Krohn, Marcia Radosevich, Ronald L. Akers

chapter 7|23 pages

Structural-Functionalism

chapter |5 pages

The Law and Social Control

ByTalcott Parsons

chapter |10 pages

Three Levels of the Functioning of Law

ByAdam Podgorecki

chapter 8|24 pages

Conflict Theory

chapter |8 pages

A Sociological Analysis of the Law of Vagrancy

ByWilliam J. Chambliss

chapter |10 pages

Law as a Weapon in Social Conflict

ByAustin T. Turk

chapter 9|24 pages

Critical Legal Studies

chapter |10 pages

Form and Substance in Private Law Adjudication

ByDuncan Kennedy

chapter |14 pages

An Essay in the Deconstraction of Contract Doctrine

ByClare Dalton

chapter 10|8 pages

Sociology of Law at Century’s End