Page 100 - The ISA Handbook in Contemporary Sociology
P. 100

9781412934633-Chap-05  1/10/09  10:21 AM  Page 71





                                         LAW THROUGH SOCIOLOGY’S LOOKING GLASS                71


                    (Gurvitch, 1947: 241; for a similar conclu-  professional interest is a powerful incentive
                    sion see Habermas, 1996: 66).           for individual researchers in academic fields
                      If sociology and jurisprudence can com-  such as law and sociology, but leads to disci-
                    plement each other, why do they not join  plinary isolation once each discipline has
                    forces to establish  the science of law?  developed its own ‘stakes’ and internal
                    Possible answers to this question can be  ‘structure of the distribution of the specific
                    found by examining, as we did in Part One,  capital’ (Bourdieu, 2004: 59). Law and
                    sociological and legal epistemes and demon-  sociology have long established their own
                    strating that law and sociology make sense  academic forms of capital that exist inde-
                    of, and orient themselves towards, the social  pendently of the ‘stakes’ in other fields of
                    world using different sets of concepts and  research, and this relieves them of the need to
                    ideas. Irreconcilable as these sociological  compete with each other. The preoccupation
                    and legal ideas might appear on the surface,  of academic lawyers and mainstream sociolo-
                    they all represent forms of knowledge   gists with their own ‘scientific stakes’ has
                    acquired by observing and examining the  been at the expense of paying sufficient
                    social (rather than physical or supernatural)  attention to epistemological debates and
                    conditions. Why is it then that the epistemic  exchanges, which form the interdisciplinary
                    tensions nonetheless appear to pose insur-  lifeline of socio-legal research.
                    mountable obstacles to bringing law and   Socio-legal research appears to have no
                    sociology together? To answer this question,  alternative but to create and establish its own
                    we need to consider the politics of academia  forms of capital, which will potentially trans-
                    in addition to the epistemic differences. For  form it into a discrete discipline independent
                    example, why could H. L. A. Hart not admit  of law and sociology. However, the most
                    that he had read Max  Weber on Law in   valuable asset of socio-legal research lies in
                    Economy and Society and was indebted to  its ability to offer an added value to both law
                    Weber for his internal account of legal rules  and sociology by highlighting issues that nei-
                    (Lacey, 2004)? Also, why do some promi-  ther law nor sociology can articulate or study
                    nent philosophers of law, such as Dworkin,  alone. Also, it can provide this added value as
                    regard sociological and historical studies of  long as it remains an interdisciplinary space
                    law which view the law from without as ‘per-  which offers relief from the methodological
                    verse’, while failing to recognize that internal  constraints of other disciplines (Banakar and
                    studies of the law which ignore questions  Travers, 2005).  Thus, socio-legal research
                    about the social properties of the law and the  finds itself in a paradoxical situation. It needs
                    external manifestations of the law are also  to create its own ‘scientific stakes’ in order to
                    ‘impoverished and defective’ (Dworkin,  become independent of both law and sociol-
                    1986: 14)? I suggest here that the answers to  ogy, which are no longer interested in episte-
                    these questions reveal as much about the con-  mological confrontations. At the same time,
                    struction and distribution of ‘scientific  it needs to safeguard its interdisciplinary
                    stakes’ in academia (Bourdieu, 1975) as  character in order to continue the epistemo-
                    about the theoretical make-up of sociology,  logical debates which law and sociology no
                    legal studies and jurisprudence. The tension  longer pursue.  This paradoxical situation
                    between law and sociology is, thus, as much  brings uncertainty to socio-legal research,
                    about academic competition between disci-  discouraging those who seek the academic
                    plines and fields of research as about epis-  security and identity of established disci-
                    temic conflicts.                        plines, but posing an exciting challenge to
                      Academic competition should be viewed  those who wish to explore the socio-legal
                    in the context of power relations in academia  issues which lie beyond the disciplinary
                    and as a means of obtaining or maintaining  boundaries of law and sociology. Socio-legal
                    access to financial resources, such as fund-  research is still in the initial stages of its
                    ing, grants, posts, contracts, etc. This type of  development. The realization of this paradox
   95   96   97   98   99   100   101   102   103   104   105