Law

=== Sociology ===
{{main|Sociology of law}}

The sociology of law examines the interaction of law with society and overlaps with jurisprudence, philosophy of law, social theory and more specialised subjects such as [[criminology]].{{sfn|Cotterrell|1992}}{{sfn|Jary|Jary|1995|p=636}} It is a transdisciplinary and multidisciplinary study focused on the theorisation and empirical study of legal practices and experiences as social phenomena. The institutions of [[Social constructionism|social construction]], [[social norms]], dispute processing and [[legal culture]] are key areas for inquiry in this knowledge field. In the United States, the field is usually called law and society studies; in Europe, it is more often referred to as socio-legal studies. At first, jurists and legal philosophers were suspicious of sociology of law. Kelsen attacked one of its founders, [[Eugen Ehrlich]], who sought to make clear the differences and connections between positive law, which lawyers learn and apply, and other forms of 'law' or social norms that regulate everyday life, generally preventing conflicts from reaching lawyers and courts.<ref>Ehrlich, ''Fundamental Principles'', Hertogh, ''Living Law'', Rottleuthner, ''La Sociologie du Droit en Allemagne'', 109, Rottleuthner, ''Rechtstheoritische Probleme der Sociologie des Rechts'', 521</ref> Contemporary research in the sociology of law is concerned with the way that law develops outside discrete state jurisdictions, being produced through social interaction in social arenas, and acquiring a diversity of sources of authority in national and transnational communal networks.{{sfn|Cotterrell|2006}}

[[File:Max Weber 1917.jpg|thumb|[[Max Weber]] in 1917. Weber began his career as a lawyer, and is regarded as one of the founders of sociology and sociology of law.]]

Around 1900, [[Max Weber]] defined his "scientific" approach to law, identifying the "legal rational form" as a type of domination, not attributable to personal authority but to the authority of abstract norms.{{sfn|Rheinstein|1954|p=336}} Formal legal rationality was his term for the key characteristic of the kind of coherent and calculable law that was a precondition for modern political developments and the modern bureaucratic state. Weber saw this law as having developed in parallel with the growth of capitalism.{{sfn|Cotterrell|1992}}{{sfn|Jary|Jary|1995|p=636}} Another leading sociologist, [[Émile Durkheim]], wrote in his classic work ''The Division of Labour in Society'' that as society becomes more complex, the body of civil law concerned primarily with restitution and compensation grows at the expense of criminal laws and penal sanctions.{{sfn|Cotterrell|1999}}{{sfn|Johnson|1995|p=156}} Other notable early legal sociologists included [[Hugo Sinzheimer]], [[Theodor Geiger]], [[Georges Gurvitch]] and [[Leon Petrażycki]] in Europe, and [[William Graham Sumner]] in the U.S.{{sfn|Gurvitch|Hunt|2001|p=142}}{{sfn|Papachristou|1999|pp=81–82}}