Beyond Theoretical Postulates: Concretizing the Field of Sociology of Law

The article discusses the potential for the field of sociology of law (SoL) to complement legal science in studying the law and as a science of its own. SoL and legal science study two different realities of law: one based on internal operations, practices, concepts, and perceptions, the other focusing on law's interaction with its societal environment. The knowledge interest of SoL is the background or genesis of law and the functions and consequences of legal regulation. The article argues that instead of integrating SoL and legal dogmatic, SoL could fill gaps that legal dogmatic leaves behind due to epistemological shortcomings in explaining legal practice. The article emphasizes that law is not one indivisible entity which is the tendency in most SoL. It consists of different types of legal norms all with their own characteristics. The article introduces the concept of intervening law, which regulates labor, environment, consumers, and the like in relation to protections of different kinds. Intervening regulation indicates a transitional society and heralds the need for a new societal formation. Finally, the article introduces and points out Norm science as a complement to social sciences putting forward motives as explanatory of human behavior. Another advantage is that Norm science acts as a synthesizing tool affording interdisciplinarity.

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Publication Details

Journal
International Journal of Law and Society
Published
2025-05-09
DOI
https://doi.org/10.11648/j.ijls.20250802.14
Primary Topic
Law in Society and Culture
Type
article
Field-Weighted Citation Impact
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article

Beyond Theoretical Postulates: Concretizing the Field of Sociology of Law

Håkan Hydén
International Journal of Law and Society
Law in Society and Culture
article

Beyond Theoretical Postulates: Concretizing the Field of Sociology of Law

Håkan Hydén
article en

Abstract

The article discusses the potential for the field of sociology of law (SoL) to complement legal science in studying the law and as a science of its own. SoL and legal science study two different realities of law: one based on internal operations, practices, concepts, and perceptions, the other focusing on law's interaction with its societal environment. The knowledge interest of SoL is the background or genesis of law and the functions and consequences of legal regulation. The article argues that instead of integrating SoL and legal dogmatic, SoL could fill gaps that legal dogmatic leaves behind due to epistemological shortcomings in explaining legal practice. The article emphasizes that law is not one indivisible entity which is the tendency in most SoL. It consists of different types of legal norms all with their own characteristics. The article introduces the concept of intervening law, which regulates labor, environment, consumers, and the like in relation to protections of different kinds. Intervening regulation indicates a transitional society and heralds the need for a new societal formation. Finally, the article introduces and points out Norm science as a complement to social sciences putting forward motives as explanatory of human behavior. Another advantage is that Norm science acts as a synthesizing tool affording interdisciplinarity.

International Journal of Law and SocietyVol. 8(2)
Lund University (SE)
Openalex Percentile: Top 81%
Law in Society and Culture
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Beyond Theoretical Postulates: Concretizing the Field of Sociology of Law — Håkan Hydén · International Journal of Law and Society (2025) | TGRS Research Map | TGRS