{"title":"New meanings for an old debate","authors":"ROGER COTTERRELL","doi":"10.1111/jols.12539","DOIUrl":null,"url":null,"abstract":"<p>‘Why Must Legal Ideas Be Interpreted Sociologically? (1998) presented an argument about methods of juristic inquiry rather than about the nature of sociology of law. It claimed that juristic analysis of legal doctrine must be sociologically grounded. But such an analysis does not thereby become sociology of law, nor does it necessarily promote an instrumental or technocratic view of law. Jurisprudence and sociology of law have fundamentally different objectives. However, sociology, insofar as it is relevant to legal interpretation, should be seen as a study of social relations grounded in values, tradition and emotion, as well as instrumentality. As such, it is needed to inform juristic thought. Correspondingly, sociology of law should be concerned for its own purposes with conceptualising law, taking account of juristic ideas in doing so but not being confined by them.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S70-S75"},"PeriodicalIF":1.9000,"publicationDate":"2025-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Society","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/jols.12539","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
‘Why Must Legal Ideas Be Interpreted Sociologically? (1998) presented an argument about methods of juristic inquiry rather than about the nature of sociology of law. It claimed that juristic analysis of legal doctrine must be sociologically grounded. But such an analysis does not thereby become sociology of law, nor does it necessarily promote an instrumental or technocratic view of law. Jurisprudence and sociology of law have fundamentally different objectives. However, sociology, insofar as it is relevant to legal interpretation, should be seen as a study of social relations grounded in values, tradition and emotion, as well as instrumentality. As such, it is needed to inform juristic thought. Correspondingly, sociology of law should be concerned for its own purposes with conceptualising law, taking account of juristic ideas in doing so but not being confined by them.
期刊介绍：
Established as the leading British periodical for Socio-Legal Studies The Journal of Law and Society offers an interdisciplinary approach. It is committed to achieving a broad international appeal, attracting contributions and addressing issues from a range of legal cultures, as well as theoretical concerns of cross- cultural interest. It produces an annual special issue, which is also published in book form. It has a widely respected Book Review section and is cited all over the world. Challenging, authoritative and topical, the journal appeals to legal researchers and practitioners as well as sociologists, criminologists and other social scientists.
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