U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

SOCIOLOGISTS' CONCEPTUALIZATIONS OF LAW - A MODEST PROPOSAL FOR PARADIGM REVISION (FROM STRUCTURE, LAW, AND POWER - ESSAYS IN THE SOCIOLOGY OF LAW, 1979, BY PAUL J BRANTINGHAM AND JACK M KRESS - SEE NCJ-64050)

NCJ Number
64051
Author(s)
W JEFFREY
Date Published
1979
Length
14 pages
Annotation
A REVISED PARADIGM FOR CONCEPTUALIZING THE LAW SHOULD FORCE SOCIAL SCIENTISTS TO MORE ACCURATELY ANALYZE HOW THE LEGAL SYSTEM WORKS AND GAUGE HUMAN RESPONSES TO CHANGES IN THE SYSTEM.
Abstract
FOR TOO LONG, SOCIAL SCIENTISTS HAVE USED THE PHRASE 'THE LAW' TO CONNOTE NOT ONLY OFFICIAL UTTERANCES WRITTEN DOWN IN STATUTE BOOKS OR AS JUDICIAL OPINIONS BUT ALSO THOSE ACTIONS TAKEN BY THE POLICE, JUDGES, COUNSELLORS, PROSECUTORY PERSONNEL, AND OTHER CRIMINAL JUSTICE AGENTS. THIS PRACTICE HAS CLOUDED THE CITIZENS' UNDERSTANDING OF WHAT THE LAW IS AND WHAT AGENTS OF THE LAW DO; IT HAS CONFUSED RESEARCH AND ANALYSIS INTO THE SOCIOLOGY OF THE LAW. THE REVISED PARADIGM WOULD REQUIRE THE TWO-WORD PHRASE 'THE LAW' TO BE USED ONLY IN REFERENCE TO THESE LEGAL INSTRUMENTS OF INFLUENCES ON MEMBERS OF A SOCIETY. OTHER STEREOTYPES AND CONCEPTS THAT NEED TO BE RE-EXAMINED ARE THE BELIEF THAT LAW IS A COMMAND THAT CRIMINAL JUSTICE AGENTS WORK TO OBEY (THESE AGENTS RATHER REACT TO AND COPE WITH A SITUATION), THAT LAW IS PRESCRIPTIVE, AND THAT LAW IS DESCRIPTIVE. CRIMINOLOGISTS AND SOCIOLOGISTS SHOULD AVERT THEIR ATTENTION FROM THE POINTLESS EXERCISE OF DETERMINING WHAT THE LAW IS AND HOW IT AFFECTS HUMANS AND CONCENTRATE INSTEAD ON WHAT THEIR FELLOW HUMANS DO TO AND WITH LEGAL RULES. FOOTNOTES ARE PROVIDED. (DAG)

Downloads

No download available

Availability