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Blackburn purely Sociology of Law Thoughts

Author: LiWenFeng
Tutor: ZhouZuCheng
School: Southwest University of Political Science
Course: Jurisprudence
Keywords: Black Purely Sociology of Law Justice differential treatment
CLC: D90-05
Type: Master's thesis
Year: 2008
Downloads: 187
Quote: 1
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Abstract

Black contemporary American law sociologist, purely representative of the Sociology of Law. Black an anti-traditional modes of sociological research that the sociology of law in the past for the purpose of the policy and guidance, confusing science and policy. Black sociology from the purely legal point of view, from the legal rules on the value of research and separated from the ideas in the study beyond value judgement, exclude psychological factors, objective factors and even the "people" themselves, as a legal phenomenon natural phenomena to be inspected. By psychology and sociology purpose of the exclusion from the law, such as natural phenomena, as research on the phenomenon law provides for a set of analysis, interpretation and forecasting changes in law objective and the general methods and theories in order to build a similar Theory of Natural Science purely sociological theory. In its representatives "of the operation of the law", Black from the social aspects of life in the macro study of the legal and stratification, morphology, cultural, social control and the relationship between the proposed law on the operation of their own conduct a series of propositions. These propositions are pursued by the scientific Black, to better predict and interpret the law in real life phenomena. Black think that the community is heterogeneous in nature, and thus the law, however, it is conducive to the powerful to the detriment of the weak. "The administration of justice in Sociological Perspective", a book, Black to his legal theory of the operation be put to use, opening up a case of the micro-sociological research field. Black pointed out that, because of the case between the parties differences in the social structure, causing the differential treatment of the judiciary. Therefore, in order to reduce and eliminate the differential treatment in the administration of justice, we must balance the social fabric of the case. Blackburn made several judicial reform: legal cooperation Associations, the Court of non-social characteristics and the non-law-based society. Black purely sociological theory of a scientific theory as the general characteristics: Falsification, universal, simple and true, is novel. Although too much to the pursuit of "pure" it is an overkill, but also a sociological study new legal meteorology, law research to inject new vitality into the law expanded the scope of the study to remind people not only to the norms of legal research, more attention should be paid to the law In real life what is the operation, the development of the rule of law so as to provide more comprehensive knowledge support. Blake’s contribution is enormous.Black paper is purely theoretical interpretation of Sociology, divided into four chapters:The first chapter of the introduction to the history of Western sociological changes and Black purely sociological theory of the formation. Black introduced the academic career, and through the development of the Western sociology carding on the ideological background of the Black and theoretical origins, as well as his theory of the formation process.Chapter II is the representative of the Black "operation of law" acts of detailed interpretation. Black social life is divided into five basic areas - layered, morphology, cultural, and social control, and make it into a universal variable, and the forecast for legal changes. Vertical stratified society marked relations and the level of social resources distribution. Horizontal shape social relations and marks the division of cohesion, unity of the state, such as the distribution of staff, it is the relationship between the universal variable distance. Culture embodies the symbolic aspects of the community, and the law a symbolic function, the changes in law and culture proportional to the degree of development. Organizations embodies the social collective, collective coordination between the need for government rules and management functions. Social control marked social life as a norm. Black type of the law, can be divided into penalties, compensation, treatment and mediation of the four, a strip of each form is converted into common variables.Chapter III of the "View of Sociology of justice" interpreted. Black to his legal theory applied to the operation of judicial practice and opened a case of the field of sociology. He believes that the differential treatment in the administration of justice, the case is determined by the social structure. The social structure of the case include: effect of opponents, lawyers effect, and the effect of third-party court expression. To reduce the differential treatment, it is necessary to balance the social structure of cases the differences, such as the organization of legal cooperation Associations, the Court of non-social characteristics and the non-law-based society.Chapter IV of the Black purely sociological evaluation. This chapter from a purely sociological theory of the methodology and the pursuit of judicial reform measures Black inspired and defects, starting with a detailed analysis and evaluation of the contribution of the Black and inadequate. Finally, the theoretical analysis of the Black Law on China’s research and the significance of judicial reform.

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