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Reflections on the Methodological Issues of the Sociology of Law

Banakar, Reza LU (2000) In Journal of Law and Society 27(2). p.273-295
Abstract
The general focus of this paper is on the methodological limitations of the sociology of law in capturing the law’s ‘truth’ as its practitioners experience it. The paper starts with arguing that the law does not have a monolithic ‘truth’. Some aspects of its ‘truth’ are produced through its own recursively sealed operations, while its other aspects are generated with reference to empirically grounded knowledge, which potentially links the discourses of law and sociology. Notwithstanding this discursive kinship, the sociological studies of the law’s internal processes cause difficulties even to those scholars who are versed in substantive law. To expound this problem, the sociology of law is compared with medical sociology and attention is... (More)
The general focus of this paper is on the methodological limitations of the sociology of law in capturing the law’s ‘truth’ as its practitioners experience it. The paper starts with arguing that the law does not have a monolithic ‘truth’. Some aspects of its ‘truth’ are produced through its own recursively sealed operations, while its other aspects are generated with reference to empirically grounded knowledge, which potentially links the discourses of law and sociology. Notwithstanding this discursive kinship, the sociological studies of the law’s internal processes cause difficulties even to those scholars who are versed in substantive law. To expound this problem, the sociology of law is compared with medical sociology and attention is drawn to the way sociology copes with the ‘truth’ of medicine. The final part of the paper initiates a quest for possible solutions to the methodological problems of the sociology of law by placing them in the context of the ongoing conflicts and competitions of the field of science (Less)
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author
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Methodology, Sociology of Law, Sociology of Medicine, Socio-Legal Research, legal studies
in
Journal of Law and Society
volume
27
issue
2
pages
273 - 295
publisher
John Wiley & Sons
external identifiers
  • Scopus:0042279866
ISSN
0263-323X
language
English
LU publication?
no
id
77d2772d-4c00-41fa-b7a8-ecf7161bb242 (old id 3632396)
alternative location
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1777211
date added to LUP
2013-04-11 12:42:05
date last changed
2017-01-01 07:57:29
@article{77d2772d-4c00-41fa-b7a8-ecf7161bb242,
  abstract     = {The general focus of this paper is on the methodological limitations of the sociology of law in capturing the law’s ‘truth’ as its practitioners experience it. The paper starts with arguing that the law does not have a monolithic ‘truth’. Some aspects of its ‘truth’ are produced through its own recursively sealed operations, while its other aspects are generated with reference to empirically grounded knowledge, which potentially links the discourses of law and sociology. Notwithstanding this discursive kinship, the sociological studies of the law’s internal processes cause difficulties even to those scholars who are versed in substantive law. To expound this problem, the sociology of law is compared with medical sociology and attention is drawn to the way sociology copes with the ‘truth’ of medicine. The final part of the paper initiates a quest for possible solutions to the methodological problems of the sociology of law by placing them in the context of the ongoing conflicts and competitions of the field of science},
  author       = {Banakar, Reza},
  issn         = {0263-323X},
  keyword      = {Methodology,Sociology of Law,Sociology of Medicine,Socio-Legal Research,legal studies},
  language     = {eng},
  number       = {2},
  pages        = {273--295},
  publisher    = {John Wiley & Sons},
  series       = {Journal of Law and Society},
  title        = {Reflections on the Methodological Issues of the Sociology of Law},
  volume       = {27},
  year         = {2000},
}