Reflections on the sociology of law:a rejection of law as 'socially marginal'

Donoghue, Jane (2009) Reflections on the sociology of law:a rejection of law as 'socially marginal'. International Journal of Law, Crime and Justice, 37 (1-2). pp. 51-63. ISSN 1756-0616

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Abstract

Rejecting the concept of law as subservient to social pathology, the principle aim of this article is to locate law as a critical matter of social structure – and power – which requires to be considered as a central element in the construction of society and social institutions. As such, this article contends that wider jurisprudential notions such as legal procedure and procedural justice, and juridical power and discretion are cogent, robust normative social concerns (as much as they are legal concerns) that positively require consideration and representation in the empirical study of sociological phenomena. Reflecting upon scholarship and research evidence on legal procedure and decision-making, the article attempts to elucidate the inter-relationship between power, ‘the social’, and the operation of law. It concludes that law is not ‘socially marginal’ but socially, totally central.

Item Type: Journal Article
Journal or Publication Title: International Journal of Law, Crime and Justice
Uncontrolled Keywords: /dk/atira/pure/subjectarea/asjc/3300/3308
Subjects:
Departments: Faculty of Arts & Social Sciences > Law School
ID Code: 66188
Deposited By: ep_importer_pure
Deposited On: 28 Aug 2013 13:59
Refereed?: Yes
Published?: Published
Last Modified: 01 Jan 2020 08:36
URI: https://eprints.lancs.ac.uk/id/eprint/66188

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