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individual or exceptional cases, the sociologist primary source of law, and the law as a
is often interested in the general characteris- sealed system consisting in successive layers
tics of social phenomena and looks for of rationally interconnected rules, decisions
repeated patterns of social behaviour. This is and principles, which can and should be
in turn directed towards producing a general studied in reference to law’s internal logic
knowledge of society, i.e., social theories. (Kelsen, 2001). In contrast, the sociological
Individual cases in themselves and for them- standpoint views legal rules as a sub-category
selves are often of little value to the sociolo- of social norms and the legal system as a set
gist. It means that when sociologists and of socially constructed institutional practices,
other social scientists conduct case studies, which, like knowledge, permeates all walks
they try to go beyond the specific properties of social life and, directly or indirectly, forms
of that particular case by connecting it to all collective social action. In its radical
some broader social concern. Thus, sociol- form, the sociological standpoint rejects the
ogy and law are founded on two different primacy of the State as a source of law and
approaches or epistemes. This can also be argues that the centre of gravity of law has
said about the relationship between sociol- always been in social relations and processes
ogy and medicine. Yet, there is less tension (Ehrlich, 1936; Griffiths, 1986; Gurvitch,
between the sociology of medicine and the 1947). Irrespective of how we compare
medical profession than there is between law the epistemes of law and sociology, the
and sociology. Sociologists of medicine have socio-legal field appears as being constituted
much to say about the social roots of health by tension between a legal and a sociological
and illness, but they do not suggest that med- image of society. The epistemic tension
ical doctors use sociological theories and causes disputes between sociology, legal
concepts in their diagnosis and treatment of studies and jurisprudence on how to view and
physical disorders and disease. In contrast, study law, but also forms the debates within
the sociology of law can appear to be claim- the socio-legal field on, for example, how to
ing that it understands law better than law understand, conceptualize and study law
understands itself and to be telling lawyers sociologically. As we shall see in Part Two,
how they should understand, conceptualize, some sociological studies adopt a ‘legal cen-
apply and practice law (Banakar, 2000; tralist’ view and conceptualize law in terms
Nelken, 1998). of positive or State law, other research
The sociology of law is thus a meeting approaches adopt a broader perspective, or a
place for two different standpoints on the legal pluralist view, by treating law as a spe-
role of law in society. These two standpoints cial form of social organization.
can be described at the level of social action The recognition of the diversity of forms
by focusing on how an ideal typical lawyer of law has always been the cornerstone of the
and sociologist would perceive the relation- sociology of law and marks the place where
ship between law and society. At this level it diverges from, and challenges, traditional
the question becomes if, and how, a legal legal scholarship and much of jurisprudence.
image derived through processing individual However, even those socio-legal schools
cases and shaped by a pragmatically oriented which adopt a pluralistic concept of law con-
practice of law can be integrated with a soci- tinue to interact with, and be influenced by,
ological image aspiring towards generalizable positive (official) law through their rejection
knowledge of society and formed through of the State as the main source of law
social scientific curiosity. Alternatively, we (Griffiths, 1986). This concern with official
can compare the two standpoints at an insti- forms of law, admittedly, links the sociology
tutional level by exploring the discourses of law with jurisprudence and legal studies,
of law and sociology. In its extreme form, on the one hand, and with legal practice, on
the legal standpoint regards the State as the the other, but it does not bring them together.