The Law and Society Reader II
Author
: Erik Larson and Patrick Schmidt
Subject
: Sociological jurisprudence, Law—Social aspects United States, National Conflict and Human Rights, Justice
Summary :Many students find themselves drawn to law as a topic or field of study. They often see in
law an ability to right injustices, perceiving in law the advantages of independence, logic,
and structure, which combine to promise the “correct” outcomes. From this perspective,
law appears as a sanctuary from the dirtiness of politics, the ambiguity of culture,
the self-interest of economics, and the messiness of social relations. The kind of legal
education provided in many countries has done little to discourage students from their
belief that law rises above these potential contaminants and remains pure. We may be a
long way removed from the view that the laws of a nation are the expression of the will
of a divine creator, but for many the appeal to law remains rooted in the belief of the
distinctiveness of law as a pursuit. If anything, from this perspective, the study of political,
cultural, economic, and social processes is most useful for how it can illuminate
the problems that law should address. Indeed, a century ago, many reformers—the legal
realists—turned to social science as one way of giving law exactly that sense of direction.
Over the 20th century, however, the social sciences evolved and legal scholars
changed their approach. Careful empirical research and new veins of theoretical insight
complicated our understanding of law in the hands of people. Law, all but the most resolute
will concede, is not as independent as once envisioned. As law actually operates,
it remains connected to the messiness of the daily life of politics, culture, economic
activity, and social relations. The belief that law is somehow majestically separate and
uniquely powerful still influences the rhetoric of law and, through that rhetoric, aspects
of how the law works in action. There is drama in the portrayal of law in fictional entertainment
and in media reports of factual cases. But when we tear off the veneer of
appearances, we open up a world that needs and welcomes any disciplinary or interdisciplinary
approach that can help us understand how law works in society This research tradition of social science concerned with law has long been a recognized
field of scholarly inquiry, although it has been formally organized for only
about half of a century. Founded in 1964, the Law and Society Association serves as a
scholarly community for people from diverse disciplinary backgrounds who seek to
bring their intellectual perspectives to the study of law. As an interdisciplinary community,
the Law and Society Association draws together legal scholars, social scientists
of all stripes (including sociologists, political scientists, anthropologists, psychologists,
linguists, and economists), and humanists (notably historians, philosophers,
and scholars of literature).
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