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

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Reflections on the sociology of law: a rejection of law as 'socially marginal'. / Donoghue, Jane.
In: International Journal of Law, Crime and Justice, Vol. 37, No. 1-2, 03.2009, p. 51-63.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Harvard

Donoghue, J 2009, 'Reflections on the sociology of law: a rejection of law as 'socially marginal'', International Journal of Law, Crime and Justice, vol. 37, no. 1-2, pp. 51-63. https://doi.org/10.1016/j.ijlcj.2009.03.001

APA

Donoghue, J. (2009). Reflections on the sociology of law: a rejection of law as 'socially marginal'. International Journal of Law, Crime and Justice, 37(1-2), 51-63. https://doi.org/10.1016/j.ijlcj.2009.03.001

Vancouver

Donoghue J. Reflections on the sociology of law: a rejection of law as 'socially marginal'. International Journal of Law, Crime and Justice. 2009 Mar;37(1-2):51-63. doi: 10.1016/j.ijlcj.2009.03.001

Author

Donoghue, Jane. / Reflections on the sociology of law : a rejection of law as 'socially marginal'. In: International Journal of Law, Crime and Justice. 2009 ; Vol. 37, No. 1-2. pp. 51-63.

Bibtex

@article{75f72cd4ceb64efc9caddafbe7bba121,
title = "Reflections on the sociology of law: a rejection of law as 'socially marginal'",
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, {\textquoteleft}the social{\textquoteright}, and the operation of law. It concludes that law is not {\textquoteleft}socially marginal{\textquoteright} but socially, totally central.",
keywords = "Sociology, Law, Socio-legal, Social phenomenon",
author = "Jane Donoghue",
year = "2009",
month = mar,
doi = "10.1016/j.ijlcj.2009.03.001",
language = "English",
volume = "37",
pages = "51--63",
journal = "International Journal of Law, Crime and Justice",
issn = "1756-0616",
publisher = "Academic Press Inc.",
number = "1-2",

}

RIS

TY - JOUR

T1 - Reflections on the sociology of law

T2 - a rejection of law as 'socially marginal'

AU - Donoghue, Jane

PY - 2009/3

Y1 - 2009/3

N2 - 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.

AB - 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.

KW - Sociology

KW - Law

KW - Socio-legal

KW - Social phenomenon

U2 - 10.1016/j.ijlcj.2009.03.001

DO - 10.1016/j.ijlcj.2009.03.001

M3 - Journal article

VL - 37

SP - 51

EP - 63

JO - International Journal of Law, Crime and Justice

JF - International Journal of Law, Crime and Justice

SN - 1756-0616

IS - 1-2

ER -