Law is one of the fundamental things that define how people live. Furthermore, it has evolved significantly over the years. One of concepts that is often discussed when examining the idea of law is the sociology of law. The sociology of law can be described as a subfield of law which revolves taking interdisciplinary approach to towards the understanding of the legal systems that are used in a country ( Alexander, 2010 ). In addition, it borrows form the concepts of sociology and uses them to explore some of the fundamental issues that are relevant to the legal system. Through the understanding of the ideologies of Marx, Durkheim, and Weber, it is possible to create a unique understanding is law based on sociology.
Karl Marx provided an excellent avenue through which the idea of law can be understood. In addition, he explored the reality of law by examining how it relates to the social world in which people live. According to him, the history of every society relates to the struggle between people from different social classes. Those who belong to the high social classes owned the systems of production and influenced the manner in which the society was governed. In addition, they were always interested in safeguarding their positions by sponsoring and supporting those who could provide favorable environment for them to operate and carry out their business operations ( Feldman, 1991 ). It is for this reason that Marx argued that the law was created to protect the rich members of the capitalistic society from the wrath of the less privileged members. The constant conflict between the two social classes necessitated the formation of a legal system that could provide the frameworks needed to deal with the issues affecting them. Under this conflict approach, law is perceived to be solution to the problems in the society.
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Another individual who contributed to the understanding of the sociology of law was Émile Durkheim. He took a functionalist approach when analyzing the subject of law and how it was created and use in the society. Durkheim argued that a normal society was larger than the sum of all it parts. In other words, he believed that a society could only be formed when all the greater components that influenced how people lived were brought together to ensure that there was some degree of harmony. In such as system, the behavior of individual members could not be the same as the collective behavior of the entire community. This meant that analysts needed to study collective behavior using an approach that was different from the ones adopted when dealing with individual behavior or traits. The communal requirements and beliefs formed what he called the collective conscience. Being a believer in social integration, Durkheim argued that there was a need to create a system that could influence the behaviors of various people. In addition, he argued that the systems that were created in the society to achieve predictability would help determine the manner in which people acted.
Max Weber also provide vital insights on the subject of law and how it should be understood from a sociology perspective. Weber is considered to be one of the people who occupy a critical position in the development and advancement of sociology. His works are not merely historical. Instead, they continue to be used in a way that helps people understand the social processes in the community ( Feldman, 1991 ). Weber’s ideologies often emerge in almost all discussions revolving around sociology. Weber also focused on exploring the social structures, religion, polity, and law issues that affected the way people lived. In some instances, he focuses on legal structures and social issues that shape the direction taken by members of given community. At the center of his argument was the role of capitalism in the society and how it affected the development of legal structures. Weber stated that capitalism was developed to protect the interest of the influential members of the society and ensure that the less privileged continued to provide cheap labor. Weber noted that law developed because of the conducive environment that was created by the idea of capitalism. Through the inclusion of legal systems, the capitalists were able to separate the working class from the rest of the community.
Marx, Durkheim, and Weber’s works provide excellent ideas that can help understand the idea of sociology of law. From their work, it is evident that law was a concept developed to protect the social structures and institutions in the society ( Feldman, 1991 ). Furthermore, the legal systems that have been created in various parts of the world were largely the outcome of capitalism. Through the formulation of various laws, it was possible for those in power to protect their interests. In addition, the laws created a system where the people who tried to oppose the agreed principles and ways of life would be punished. This system that is created to punish some people while at the same time benefiting others is controversial. Furthermore, it continues to attract the interest of experts and scholars who strive to find the most appropriate definition of sociology of law.
The ideologies that Marx, Durkheim, and Weber’s provided are the same as those of Black Kings and Rajneeshe. I feel that in all these cases, attempts were being made to show that laws and legal systems are the fundamental products of the contemporary society. In all the five instances, the assumed democratic nature of the current world means that legal discourse will be influenced by the manner in which people understand and discuss issues related to law. In such instances, the law is conceived to be an element that should benefit those who abide by it ( Sterling & Moore, 1987 ). In addition, it is a concept that provide a framework for punishing the people who do not comply with the agreed ways and principles of living in the community. Critics, however, believe that such an understanding of the law can prove to be problematic. In particular, it is a system that appears to be unjust since it is tailored in a way that punishes those who abide by it while at the same time punishing those who do not follow it. A better way to analyze and understand the system is to examine the manner in which the law relates to social institutions and the society in general as examined by previous scholars and experts.
I also believe that the kind of systems that is discussed by the scholars have some similarities to the rules followed in a gang. In most gangs, it is those authority who dictate the kind of laws that will apply. This is the same thing with the capitalist system where the owners of means of production have the powers to determine how people are governed. As a result, number of moral issues may arise. They include the issues related to equity, equality, and justice. Since such laws are largely dictated by the ruling class, concerns may also be raised regarding their appropriateness and how they can be applied. In some instances, the blatant failure of the leaders to follow the same laws that they create can cause tension and moral conflicts. It is also worth stating that determining how a system of order is law and not any other thing may not be easy. However, the difference can be detected by looking at the extent to which the systems enabled people to live in harmony. Durkheim stated that since every individual member of the society acted differently, it was not easy to ensure that thy lived in harmony ( Alexander, 2010 ). Therefore, it was necessary to understand the possible causes of the diverse individual behaviors that were being witnessed in the community and find ways through which people could be motivated to act in a predictable and similar manner. The understanding of such factors may help differentiate a legal system from other components of the society.
The ideas that Marx, Durkheim, and Weber provide critical insights that helps in defining sociology of law in a manner that is different from the Black King definition. In the black King definition, law is largely considered to be a framework that is put in place to protect all members of the society. In other words, sociology of law within the context of Black King relates to the idea of creating legal framework and system that will protect social institutions and ensure that people live a normal and effective life. This contrast with Marx, Durkheim, and Weber’s ideas which illustrate that law tends to revolve around protect one group while at the same time hurting others.
Reference s
Alexander, M. (2010). The New Jim Crow: Mass Incarceration in the Age of Colorblindness . New York: New.
Feldman, S. (1991). An Interpretation of Max Weber's Theory of Law: Metaphysics, Economics, and the Iron Cage of Constitutional Law. Law & Social Inquiry, 16 (2), 205-248.
Sterling, J., & Moore, W. (1987). Weber's Analysis of Legal Rationalization: A Critique and Constructive Modification. Sociological Forum, 2 (1), 67-89.
