The collection of authoritative norms and rules, which can be called “law” in the sense that the members of the organization regulate their behavior toward each other, is too heterogeneous to be the subject of a single legal Science. The sociology of law will involve a study of the sources of law in the sense of how certain rules are formulated or formed as rules by the sociologist.[1]
Law is a means of controlling interests and reconciling interests according to the needs of the social order.[2] Sociology of law is a specialty of the discipline of sociology. The sociology of law has an area of application in contemporary law. However, it is necessary to be intertwined with the classical period to find an area of practice in contemporary law. It forms the first foundations of modernization theories that were popular in the second half of the 20th century. Marx, Durkheim, Weber are classic sociologists. Today it is still the advice of these sociologists (books, lyrics, etc.) are used. We might amplify the argument in this way.
Contemporary law means the present and prevailing law. For example, when a contract is to be made and construed with reference to contemporary laws and usages means a contract is to made and interpreted according to laws and usages that are prevailing then. The first argument that can be put forward is that contemporary law needs the help of sociology in this sense. Sociology will also help us in the field of contemporary law, both through fundamental analysis and with a broad perspective.
The problem can also be addressed from another angle. For example, it would not be right to evaluate sociological facts in the context of classical law, but classical law and sociology in current issues are not just facts. Lawyers and sociologists should also look at the case from this point of view. The sociological review of classical and contemporary law is crucial for the future. This Union of law and sociology is valuable in this sense. That is, neither sociology in contemporary law alone nor sociology in classical law alone is meaningful. In classical and contemporary law, sociology is like two pieces of the puzzle that complement each other. We see the global value of this situation in the book ‘Global Scripts: the Production, export, and import of a New Legal Orthodoxy.’[3]
Along with all these ideas, sociology plays an important role in the state. This makes sociology stronger in law. Because the constitution is related to the state administration, and this sociological factor that strengthens the state administration also strengthens the constitutional law.
Sociology has been an important factor from the past to the present. All this relating to how important sociology is in the context of the law. People have formed an important base in law by synthesizing various views. Many sociologists and jurists attach importance to sociology in classical and contemporary law. The sociological examination of classical and contemporary law is very important for the future. This synthesis of law and sociology is valuable in this sense.
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KAYNAKÇA
[1] P. H. PARTRIDGE. Australasian Journal of Philosophy. Australian National University Published online: 15 Sep 2006.
[2] AKI, Emine İrem. AMERİKAN HUKUKİ REALİZMİ ÇERÇEVESİNDE HUKUKİ BELİRSİZLİK
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