The Influence of Sociology on American Jurisprudence from Oliver Wendell Holmes to Critical Legal Studies
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Issue Date
1994-04-01Author
Trevino, A. Javier
Publisher
Department of Sociology, University of Kansas
Type
Article
Rights
Copyright (c) Social Thought and Research. For rights questions please contact Editor, Department of Sociology, Social Thought and Research, Fraser Hall, 1415 Jayhawk Blvd, Lawrence, KS 66045.
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Show full item recordAbstract
This paper analyzes the distinctive influence that sociology has had on legal scholarship during the past century. It examines some of the more significant contributions that sociology has made to four of the major jurisprudential "movements" of the twentieth-century: Holmesian legal science, sociological jurisprudence, legal Realism, and Critical Legal Studies. In essence, this paper shows how sociology has: (1) contributed to the language of the law some of its more important concepts, (2) given jurisprudence penetrating insight inlo the social dynamics of the law, (3) revealed the close relationship which exists between law and the other social institutions, (4) provided jurisprudence with a positivistic, structural methodology by which to study the law, and (5) inspired a legal approach that is perspectival and hermeneutical in orientation.
Citation
Mid-American Review of Sociology, Volume 18, Number 1&2 (WINTER, SPRING, 1994), pp. 23-46 http://dx.doi.org/10.17161/STR.1808.5111
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