Pitirim Sorokin’s sociology and German jurisprudence

IF 0.3 Q4 SOCIOLOGY
A. Kraevsky
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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.
Pitirim Sorokin的社会学和德国法理学
本文论述了索罗金的社会法学理论与17—20世纪初德国法学的主要方向:自然法学派、历史学派、利益法学和复兴的自然法理论之间的联系。索罗金社会学思想的起源通常是在19世纪下半叶至20世纪初社会学总体发展的背景下考虑的。20世纪初,当索罗金成为一名独立学者时,在其他学科的教学中讨论了社会学问题,特别是索罗金在圣彼得堡大学法学院学习的法律学科。索罗金对法律科学,特别是刑法和州法的研究影响了他的进一步研究。作者认为,索罗金法律社会学的一些重要方面与他那个时代的法律思想的主要方向,特别是与德国法学家和哲学家的著作密切相关。德国法学四个方向的思想都反映在索罗金的著作中,主要体现在作为其法律社会学基础的有组织群体理论中。自然法的经典学派以社会契约理论为代表,与群体的目的性组织相对应。历史学派领袖冯•萨维尼的法律有机发展观体现在群体的自发组织中。利益法学与R·冯·杰林的法律斗争思想共同期待着在社会冲突中有目的地形成法律的思想。斯塔姆勒复兴自然法的概念包含了法律组织作用的一般概念。索罗金在其关于有组织群体起源的理论中使用了前三种理论的元素,而斯塔姆勒的思想接近索罗金和他的一位老师L.I.Petrażycki对法律社会功能的一般理解。
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来源期刊
CiteScore
0.80
自引率
20.00%
发文量
53
审稿时长
12 weeks
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.
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