{"title":"Pitirim Sorokin’s sociology and German jurisprudence","authors":"A. Kraevsky","doi":"10.22363/2313-2272-2022-22-4-749-763","DOIUrl":null,"url":null,"abstract":"The article considers the connection between the social-legal theory of P.A. Sorokin and the main directions of the German jurisprudence in the 17th - early 20th century: natural-legal school, historical school, jurisprudence of interests and the theory of the revived natural law. The genesis of Sorokin’s sociological ideas is usually considered in the context of the general development of sociology in the second half of the 19th century - early 20th century. At the beginning of the 20th century, when Sorokin was turning into an independent scholar, sociological issues were discussed in the teaching of other disciplines, in particular legal ones, which Sorokin studied at the Faculty of Law of the Saint Petersburg University. Sorokin’s study of legal sciences, especially of criminal and state law, affected his further research. The author argues that some important aspects of Sorokin’s sociology of law are closely connected with the main directions of the legal thought of his time, in particular with the works of German jurists and philosophers of law. The ideas of all four directions of German jurisprudence are reflected in Sorokin’s works, primarily in the theory of organized groups as a basis of his sociology of law. The classic school of natural law is represented by the social contract theory and corresponds to the purposeful organization of groups. The concept of the organic development of law by the leader of the historical school F.C. von Savigny is reflected in the spontaneous organization of groups. The jurisprudence of interests with R. von Jhering’s idea of the struggle for law anticipated the idea of purposeful formation of law in a social conflict. R. Stammler’s concept of the revived natural law contains a general idea of the organizing role of law. The elements of the first three theories are used by Sorokin in his theory of the origin of organized groups, while Stammler’s idea is close to the general understanding of the social function of law by Sorokin and one of his teachers L.I. Petrażycki.","PeriodicalId":42659,"journal":{"name":"RUDN Journal of Sociology-Vestnik Rossiiskogo Universiteta Druzhby Narodov Seriya Sotsiologiya","volume":" ","pages":""},"PeriodicalIF":0.3000,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"RUDN Journal of Sociology-Vestnik Rossiiskogo Universiteta Druzhby Narodov Seriya Sotsiologiya","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.22363/2313-2272-2022-22-4-749-763","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"SOCIOLOGY","Score":null,"Total":0}
引用次数: 0
Abstract
The article considers the connection between the social-legal theory of P.A. Sorokin and the main directions of the German jurisprudence in the 17th - early 20th century: natural-legal school, historical school, jurisprudence of interests and the theory of the revived natural law. The genesis of Sorokin’s sociological ideas is usually considered in the context of the general development of sociology in the second half of the 19th century - early 20th century. At the beginning of the 20th century, when Sorokin was turning into an independent scholar, sociological issues were discussed in the teaching of other disciplines, in particular legal ones, which Sorokin studied at the Faculty of Law of the Saint Petersburg University. Sorokin’s study of legal sciences, especially of criminal and state law, affected his further research. The author argues that some important aspects of Sorokin’s sociology of law are closely connected with the main directions of the legal thought of his time, in particular with the works of German jurists and philosophers of law. The ideas of all four directions of German jurisprudence are reflected in Sorokin’s works, primarily in the theory of organized groups as a basis of his sociology of law. The classic school of natural law is represented by the social contract theory and corresponds to the purposeful organization of groups. The concept of the organic development of law by the leader of the historical school F.C. von Savigny is reflected in the spontaneous organization of groups. The jurisprudence of interests with R. von Jhering’s idea of the struggle for law anticipated the idea of purposeful formation of law in a social conflict. R. Stammler’s concept of the revived natural law contains a general idea of the organizing role of law. The elements of the first three theories are used by Sorokin in his theory of the origin of organized groups, while Stammler’s idea is close to the general understanding of the social function of law by Sorokin and one of his teachers L.I. Petrażycki.
期刊介绍:
The mission of the Journal is a broad exchange of scientific information, and of the results of theoretical and empirical studies of the researchers from different fields of sociology: history of sociology, sociology of management, political sociology, economic sociology, sociology of culture, etc., philosophy, political science, demography – both in Russia and abroad. The articles of the Journal are grouped under ‘floating’ rubrics (chosen specially to structure the main themes of each issue), with the following rubrics as basic: Theory, Methodology and History of Sociological Research Contemporary Society: The Urgent Issues and Prospects for Development Surveys, Experiments, Case Studies Sociology of Organizations Sociology of Management Sociological Lectures. The titles of the rubrics are generally broadly formulated so that, despite the obvious theoretical focus of most articles (this is the principal distinguishing feature of the Series forming the image of the scientific journal), in each section we can publish articles differing substantially in their area of study and subject matter, conceptual focus, methodological tools of empirical research, the country of origin and disciplinary affiliation.