O direito moderno sob a ótica dos clássicos da sociologia: Análises e questionamentos

Abstract

In this article, we intend to undertake an analysis of modern law, working from three classical, sociological approaches (the Weberian, Durkheimian, and Marxian perspectives) to the field of law. We will seek to specify the different sociological interpretations, discussing them departing from the political and social relations established between civil society, the State and the political ideologies that solidify the current configuration of the law. In this manner, and given that one deals with foundational visions, they interest us as much for what they propose as for what they cannot respond to, claiming a continuity with contemporary, juridical sociology, with a special attention given to the Brazilian case. As such, we intend to demonstrate the paradigmatic place that the sociology of law has possessed since its formation and how the law, as a sociological theme, is present at the foundation of the discipline.