New meanings for an old debate

Abstract ‘Why Must Legal Ideas Be Interpreted Sociologically? (1998) presented an argument about methods of juristic inquiry rather than about the nature of sociology of law. It claimed that juristic analysis of legal doctrine must be sociologically grounded. But such an analysis does not thereby become sociology of law, nor does it necessarily promote an instrumental or technocratic view of law. Jurisprudence and sociology of law have fundamentally different objectives. However, sociology, insofar as it is relevant to legal interpretation, should be seen as a study of social relations grounded in values, tradition and emotion, as well as instrumentality. As such, it is needed to inform juristic thought. Correspondingly, sociology of law should be concerned for its own purposes with conceptualising law, taking account of juristic ideas in doing so but not being confined by them.