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p. 905. Law and societylocked

  • Raymond Wacks

Abstract

‘Law and society’ examines the sociological approach to law, focusing on the two giants of social theory — Émile Durkheim and Max Weber. It also explains the Marxist materialist account of law and discusses two leading social theorists, Jürgen Habermas and Michel Foucault. A sociological account of law normally rests on three closely related claims: that law cannot be understood except as a ‘social phenomenon’, that an analysis of legal concepts provides only a partial explanation of ‘law in action’, and that law is merely one form of social control. This sociological approach has exerted a considerable influence, often unacknowledged, on the philosophy of law.

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