{"title":"没时间了?回到科特雷尔和尼尔肯的辩论","authors":"DAVID NELKEN","doi":"10.1111/jols.70002","DOIUrl":null,"url":null,"abstract":"<p>These brief comments revisit my side of the argument in the so-called Cotterell–Nelken debate in the light of responses from two younger scholars. I suggest that the debate presupposed a considerable level of shared commitment to studying sociology's relationship to law, together with some disagreement about what was required for sociology of law to be truly reflexive about the limits of its own intellectual resources.</p><p>Amongst the valuable points made by the commentators on our debate is the idea that Cotterell's concern was more to understand the role of the various participants who make and use law, whereas Nelken was more interested in exploring how discourses reproduce themselves. Going forward, I suggest that there is considerable scope for bringing these concerns together through empirical research into the various ways legal institutors and procedures embrace or reject ‘scientific’ forms of expertise, including those generated by the social sciences.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S62-S69"},"PeriodicalIF":1.9000,"publicationDate":"2025-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.70002","citationCount":"0","resultStr":"{\"title\":\"Out of time? Going back to the Cotterrell–Nelken debate\",\"authors\":\"DAVID NELKEN\",\"doi\":\"10.1111/jols.70002\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>These brief comments revisit my side of the argument in the so-called Cotterell–Nelken debate in the light of responses from two younger scholars. I suggest that the debate presupposed a considerable level of shared commitment to studying sociology's relationship to law, together with some disagreement about what was required for sociology of law to be truly reflexive about the limits of its own intellectual resources.</p><p>Amongst the valuable points made by the commentators on our debate is the idea that Cotterell's concern was more to understand the role of the various participants who make and use law, whereas Nelken was more interested in exploring how discourses reproduce themselves. Going forward, I suggest that there is considerable scope for bringing these concerns together through empirical research into the various ways legal institutors and procedures embrace or reject ‘scientific’ forms of expertise, including those generated by the social sciences.</p>\",\"PeriodicalId\":51544,\"journal\":{\"name\":\"Journal of Law and Society\",\"volume\":\"52 S1\",\"pages\":\"S62-S69\"},\"PeriodicalIF\":1.9000,\"publicationDate\":\"2025-07-08\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.70002\",\"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.70002\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Society","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/jols.70002","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Out of time? Going back to the Cotterrell–Nelken debate
These brief comments revisit my side of the argument in the so-called Cotterell–Nelken debate in the light of responses from two younger scholars. I suggest that the debate presupposed a considerable level of shared commitment to studying sociology's relationship to law, together with some disagreement about what was required for sociology of law to be truly reflexive about the limits of its own intellectual resources.
Amongst the valuable points made by the commentators on our debate is the idea that Cotterell's concern was more to understand the role of the various participants who make and use law, whereas Nelken was more interested in exploring how discourses reproduce themselves. Going forward, I suggest that there is considerable scope for bringing these concerns together through empirical research into the various ways legal institutors and procedures embrace or reject ‘scientific’ forms of expertise, including those generated by the social sciences.
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.