In search of law: sociological approaches to law

In this major new work on the sociology of law Vilhelm Aubert, the leading European scholar in this field, skilfully combines a theoretical analysis of the meaning and purposes of law with recent empirical findings derived from sociological research.
Aubert starts by tracing the historical development of the concept of law, assessing the alternative definitions of the major schools of legal theory. He finds that throughout legal history law has maintained two distinct roles: as a coercive force arising from the power of the state, and as 'natural law', a more fundamental expression of human needs and hopes. Its coercive component has been gradually formalized by the legal profession into a sophisticated set of techniques. Its wider social aims are, to a certain extent, represented in existing legislation but, as Aubert asks, does this really mean that lawyers should be the sole guardians of the rule of law?
Aubert argues that law must have a broad ideological foundation and strong links with other disciplines, such as sociology, which are also concerned with the protection of civil rights and the creation of a just and equitable society. He shows that law and sociology offer complementary approaches: whereas lawyers aim to resolve conflicts between people, sociologists study such conflicts as symptoms of underlying social forces. Also, sociological research can provide vital feedback on the effectiveness of legal methods and institutions and on the need for new legislation.