A CRITICAL REVIEW AND ASSESSMENT OF THE SOCIOLOGY OF LAW

Abstract

Literature in the sociology of law has been increasing but, as yet, this growth has been accompanied by few theoretical assessments of the field or the state of knowledge which has been produced.! This paper will be concerned with such an assessment. In particular, I am interested in delineating the theoretical underpinnings of the sociology of law as exhibited in the works of sociologists and sociological jurisprudents. From such a review I will demonstrate the linkage between particular theoretical assumptions about the world and the laws place in it, and present day research. Finally, in commenting upon one theme in current research, I hope to indicate the extent to which its limitations are a function of a particular world view and to suggest a different set of theoretical assumptions which would lead to markedly different research endeavors. In sum, I will be concerned with the relationship between theory and research and the limitations imposed by particular theories in the sociology of law today.