Sociology is concerned with the study of social phenomena, such as the phenomenon of marriage or divorce, so the development of social studies that describe the state of society at a specific time makes it easier for the legislator to identify different social phenomena, and to set appropriate legal rules for them in a way that ensures the suitability of the legal base and the social phenomenon. Sociology is an indicative science, while the science of law is an indicative science

Yes, because the principle says among legal scholars and specialists that the legal rule is a social rule

Sociology of law has two aspects. The first one is the aspect of the legal scientist of sociology of law and the second one is the aspect of the sociologist of law. In the first case we are studying the law as a social phenomenon. In the second case we analysing the social phenomena that create the law (the social powers, the social classes etc). For me there is a deep link between law and sociology. For example, the results of a law or the needs that must be addressed by a new law are important elements of the legislative procedure and of the social sciences.

Law is a social phenomenon. The legitimacy of any legal system depends on social facts of recognition (whether out of approval or out of fear).

The rules of a legal system will tend to effect the social morality of the dominant groups within that society.

Similarly the interpretation of the rules recognised by a legal system will tend to reflect that dominant morality.

But, over time, there will be change. For example, when the U.K. Parliament enacted section 177 of the Housing Act 1996, most people, including the legislators, had in mind the problem of people who fled from their homes because of physical violence against them in the home. But Yemshaw’s case in 2011 showed that many had come to recognise that psychological violence is just as dangerous as physical violence. See https://www.supremecourt.uk/cases/docs/uksc-2010-0060-press-summary.pdf

Sangat erat sekali antara hukum dengan sosiologi, hukum berlaku buat masyarakat jadi peranan sosiologi sangat berguna sekali

Sociology and Law are two interwoven topics. Society is directly related to Sociology and in this matter, every society follows certain laws. Therefore, Laws are the essential part of the society. Sociology helps law to better understand society for smoother regulation and formation of laws

Dengan adanya sosiologi hukum terus berkembang di dalam masyarakat

As a law student I learned that there are many different perspectives which evolved on what the moral/epistemic/religious content of law may be and these have changed over the centuries. It might also be beneficial to consciously recognize the analysis of law should not be confused with the practice of it. Although, depending on the legal system there may be conscious efforts to consider sociological conclusions if the formulation of law(more likely in western systems), by both judges or legislatures. In terms of sociology's 'take' on the law; Emile Durkheim, Max Weber and Eugen Erlich each commented on the law as a social phenomena.

The discipline of sociology has occurred alongside other field of inquiry such as the 'philosophy of the law' which has questioned what constitutes 'laws' (as opposed to mere rules) and if these have a higher basis than human invention.

To make sociologist's perspective especially distinct to you it might be worth starting with a counterpoint account of law, such as natural law, so that the difference is easier to see. As modern students we also have bias in that we view law through the prism of modern thinking which is heavily influenced by sociology and relativism.

in English

Yes, there is [in the name of law, for sure] a role for sociology in formulating the legal base.

God has been [in the beginning of creation] given a package of law that needs to be obeyed by His creatures and the punishment for his transgressors.

however, the modification and legal formulation itself is portrayal larger determined by humans, and science that speaks of human roles in individuals, groups and society that dominates and dependency between them is sociology.

My opinion, the law dominated and influenced and dependent on human behavior. In other words, humans change, then laws change. Base legitimate came and was influenced by humans. Obviously, like the law of LGBT and marriage is a common variety of nations, isn't it? Some allow a fellow marriage and some are still gray until today as well as a country who consider LGBT as a crime and must be executed.

Yes, there is [in the name of humanity] a relationship between sociology and law. And of course after reading my statements upstairs, you can agree, right? Thank you

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in Bahasa Indonesia

Yes, there is [in the name of law, for sure] a role for sociology in formulating the legal basis.

Tuhan memang sejak awal penciptaan, memberikan paket aturan hukum yang harus ditaati oleh makhlukNya dan tentunya sanksi bagi pelanggarnya melalui utusan-utusanNya.

namun, modifikasi dan formulasi hukum itu sendiri secara porsi lebih besar ditentukan oleh manusia, dan ilmu yang bicara tentang peran manusia dalam individu, kelompok dan masyarakat yang saling mendominasi, mempengaruhi dan ketergantungan antara mereka adalah sociology.

Pendapat saya, hukum didominasi dan dipengaruhi dan bergantung pada pola dan perilaku manusia. Dengan kata lain, manusia berubah maka hukum juga berubah. Legal basis ikut dan dipangaruhi oleh manusia. Contoh yang jelas, seperti hukum tentang LGBt dan pernikahan sesama jenis di berbagai negara, berbeda bukan? Ada yang membolehkan pernikahan sesama jenis dan ada yang masih abu-abu sampai hari ini serta ada negara yang anggap LGBt sebagai sebuah kejahatan dan wajib dihukum mati.

Yes, there is [in the name of humanity] a relationship between sociology and law. Dan tentu setelah membaca pernyataan saya di atas, anda boleh sepakat bukan? Terima kasih

It is no secret to all legal scholars that there is a strong relationship between law and sociology, and there is also a science called legal sociology, which is that branch of sociology that studies law as an existing, effective and influential social system in the organization of society.

the base or the written law was always the custom conduct and behaviour of the people. be it in the ancient tribe, be it in the conduct at sea, or religious belief.

social conduct is also part of the law, because if a law is enacted which can not fulfil its social conduct it will be come a word on a paper and not be followed by the people it is supposed to regulate. in addition the state law takes some time the role of paternalism which is in cases where a default is recognized and the state has to intervene so Law is always influenced by sociology

sure, normative force of the factual, juergen habermas, there the law is just a result of societal facts; I'm more convinced that law has to be formulated according to Kant, set principles so that it can be applied for all (basically Kant said what law is about)

; huge amounts of law follow mor the the logic of Kant; but this implies also to first look at societal facts and from there you try to resolve conflicts, distribute value etc; then there has the ex post check whether the intendended societal objectiv of law has been achieved.

نعم يوجد علاقة وثيقة بين علم الاجتماع والقانون اذ تعد الدراسات الاجتماعية في غاية الأهمية من اجل فهم المجتمع وواقعه وبناء نظم قانونيه تسعى الي إصلاح المجتمع واسعاده.

Perhaps very important to make a connection between law and sociology when looking at power distribution (Habermas?) which then results in law. Sociology observes what is, legal analysis is concerned with what ought to be. But this will be different from the more modern role of sociology which is consulted by legal drafters and researchers to find the most organic solutions in legal rules to help enhance society, welfare , wellbeing etc. Often law was or still is simply the rules enacted by the ruling classes or person (s) and this serves to keep themselves powerful and serve their interests, not helping society. Very complex. Very human. Therefore we distinguish between law and ethics; legality and legitimacy. Not everything that's law is ethical or morally right. Law should also be more than just solidified social practice.

The making of law often in response to the political situation. The best laws are those that are made with thought and consideration of many things. Sociology should certainly be given more attention by legislators.

Thanks for your such a kind query. It is well established that society is directly related to sociology. A society is nothing but a jungle, without law. Law always reflects customes, citizens' psychology and norms of a society. To provide a comprehensive law, studying sociology is must.

شكرا لكم جميعا

Yes, there is role sociology can play in formulating Law. This is because the dictates of the society where sociology has basis that determines the law that should be made. After all, Society changes law and law regulates the society.

I think it is also useful to think about the theme in terms of the role of the judge in adapting law; it is the merit of Hermann Kantorowicz (free law doctrine) to have drawn the distinction between the complementary disciplines of jurisprudence (a science of values) and sociology (a science of facts), and to give a prominent role to judges in setting and elaborating values, so as to contribute to the development of law; thus it is the judge who will rely on to the societal facts. The opposite way of concept is the positivism, all has to be set down in law, and the law in itself is not an expression of values, it is just what the society has set here and now, there is no value judgment behind, ok I'm opposed to positivism and very much on the Kantorowicz side

شكرا جزيلا للاجابة

To me that is the basis of sociology or functional school of Law. Thanks

I mean sociological or functional school of law

I agree that there is a connection between Law and sociology. In fact, law, and sociology both explore the fundamental principles of justice, equity, and equality. While both disciplines consider the laws which apply to a variety of legal problems within the legal system, and enable to understand how the agreements between individuals and the relationship is regulated between the individual and the state, both also can consider the range of contemporary problems in society with a view to understanding how we seize society.

Actually, through an analysis of the models and structures in human relationships, human being is able to gain an awareness of how individual choices are concerned by a broad social potencies, and how they can be grabbed by locating them in their proper social situation. This could be by focusing on the relationship between law and society.

Both disciplines also tackle the issue of social order: how is human social behavior feasible? And what if sociology of law is the empirical social science whose object is social control? The combination between rules and their influences is complicated and should shape the core of theory in sociology of law.

ان قاعدة القانون هو المجتمع وبما ان علم الاجتماع هو علم يقوم بدراسة المجتمع اذن لابد ان يكون هناك علاقة بين القانون والمجتمع واستفادة القانون من نظريات علم الاجتماع

Yes, there is a relation between law and sociology. I am looking for a recently bibliography that shows us this relation with the judge decision.

I appreciate your information. I'm going to read about it. Thanks a lot.

Though i do not have a substantive answer on this but i would say yes sociology plays a bigger role in the field of legal issues . This is because in the social world, people will only live together if there are laws which guide them. Norms of the society arise from the legal field. Therefore if the field is weaker then there will be no society.

Yes, we are on the same thinking. I wonder if you can help me with any bibliography. I'd really appreciate it. Thank's a lot

Dear Jasim Mohammed,

I argue that sociology in general is less related to law than other social sciences branches - less than political science, less than public administration and less than economics. However, there is such discipline as sociology of law, which is directly tied to what You are asking.

نعم توجد علاقة وعلاقة وطيدة ايضا بين القانون وعلم الاجتماع وقد كان لي بحث جمعت فيه بين علم الاجتماع والقانون في المسائل المتعلقة بالطلاق خصوصا.وبظاهرة الطلاق.

Le sugiero indagar sobre el trialismo jurídico de Werner Goldschmidt y los trabajos actuales de Ciuro Cadani. Saludos.

Eduardo, le estoy muy agradecido pour su información. Dámaso

Al contrario un gusto poder hacer un pequeño aporte saludos

Yes, sociology has an important and essential role in drafting the legal basis, and with regard to the relationship of sociology to law, there are three very close. The sociology of law refers to the social study of the phenomena related to the law and the phenomena related to the law, where the law is usually depicted as the whole of the legal rules in society as well as the practices and institutions associated with these rules, for more, learn about the definition of legal sociology

Thanks a lot, Sagar. I will look about it.

A good analysis of these issues is provided by the following German-language contribution: Hubert Rottleuthner, Rechtssoziologie; in: E. Hilgendorf/ Jan C. Joerden (Eds.), Handbuch Rechtsphilosophie, pp. 70-75, Stuttgart 2017.

There are some connections. But it is very important to understand that the basis of law is justice. Sociology provides only a vision of static reality, and does not allow to make value judgements based on justice.