《THE SOCIOLGY OF LAW AN INTRODUCTION》

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Introduction: Theory and Method in the Study of Law1

1 The Social Basis of Law17

Folkways and Mores19

Law and Culture22

Ehrlich's Polemic Against Legal Positivism27

Law as the Framework of Social Life31

Empirical Studies of the 'Living Law'34

Mere Polemic?37

The Problem of the Concept of Law40

2 Law as an Instrument of Social Change48

Modern Law and Modern State49

Social Change51

The Limits of Effective Legal Action54

Making People Good Through Law?57

Legislative Strategies for Promoting Social Change61

Some Prerequisites for Effective Legislation64

Limitations of 'Law and Social Change' Studies68

3 Law as an Integrative Mechanism73

Function and Purpose in Law74

A Law-centred Conception of Social Cohesion: Pound76

Law and Solidarity in Modern Society: Durkheim79

Universal Functions of Law?: Llewellyn82

Social System and Social Structure: Parsons84

The Autonomy of Law in Western Society87

The Legal Profession and Its Functions90

The Legal System as a Sub-System of Society93

Law and Equal Opportunity: An Empirical Test of Parsonian Theory95

Functionalism as Social Theory98

The Integrative Functions of Law100

4 Law, Power and Ideology104

The Consensus Constituency104

Symbolic Functions of Law108

Marx: Repressive and Ideological Functions of Law112

Law, Class and Power116

Law and Ideology120

Legal Individualism125

Law in Corporate Society130

State and Individual138

The Problem of Economic Determinism141

5 The Acceptance and Legitimacy of Law146

The Experience of Law: Positivist Approaches and KOL Studies147

Legal Socialisation150

Deterrence and Compliance with Law152

Microsociological Approaches: Phenomenology and Ethnomethodology154

Instrumental Acceptance of Law: Max Weber158

Legality and Legitimacy162

The Meaning of the Rule of Law168

The Transformations of Modern Law: Discretionary, Mechanical and Particularised Regulation171

Sociological Explanations of Changes in the Form of Western Law177

Legal Legitimacy After the Rule of Law?178

Ideology, Personal Values and Support for Law180

6 Professional Guardianship of Law188

What is a Legal Profession?189

Professional Unity and the Stratification of Legal Work194

Official Values of Legal Practice197

Client Interests and 'Public Interest'201

Professional Knowledge205

The Effects of Lawyers on the Law210

7 Judges, Courts, Disputes216

Concepts of Judge and Court218

Courts and Disputes222

Judicial Behaviour and Organisational Studies of Higher Courts228

Phenomenology, Ethnomethodology and Studies of Interaction and Organisation in Lower Courts234

Ideological Functions of Courts237

Judge and State245

Judicial Hierarchies as Administrative Systems249

Courts as Policy Makers253

Postcript on Functional Analysis of Courts257

8 The Enforcement and Invocation of Law259

Institutional Commitments to Legal Doctrine260

Enforcing Law and Invoking Law262

Opportunity and Incentive to Invoke Law264

Types of Enforcement Agencies271

Regulatory Agencies and Their Strategies274

Regulatory Agencies and Their Environment279

Regulation and 'Real Crime'285

Police and Law288

Police Work and Police Organisation294

Police Culture298

Enforcement and Law301

9 The Prognosis for Law303

The Scope of Law and Legal Authority305

Informalism, Delegalisation and Access to Law309

State, Civil Society and the Diffusion of Power and Control313

The Breakdown of Legal Autonomy?317

The Future of Legal Individualism321

The Democratisation of Law323

Notes and Further Reading333

Abbreviations367

References368

Index393