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Reflections on the sociology of law: A rejection of law as ‘socially marginal’

journal contribution
posted on 2023-06-08, 14:14 authored by Jane Donoghue
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

History

Publication status

  • Published

File Version

  • Published version

Journal

International Journal of Law, Crime and Justice

ISSN

1756-0616

Publisher

Elsevier

Issue

1-2

Volume

37

Page range

51-63

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2013-01-16

First Compliant Deposit (FCD) Date

2013-01-16

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