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A more complete picture of the relationship legal education, judicial administration, and
between law and society emerges once the political discussion of law. It helped com-
sociologist recognizes that law’s internal plete the realist shift of law school textbooks
operations and processes are in constant from cases to material and notes. It achieved
interaction with, and inseparable from, the recognition in the law through the creation of
extra-legal factors which constitute its social the significant social science functions
environment. within the court system’ (Simon, 1999: 144).
Having said that, Simon admits that the
Law and Society project still ‘finds itself not
only incomplete but also increasingly uncer-
Law and Society studies
tain about its identity or future’ (Simon,
Law and Society, as I am using the term here, 1999: 144).
is primarily an American movement, which
was established after the Second World War
through the initiative mainly of sociologists Sociological jurisprudence
who had a vested interest in the study of law
(Friedman, 1986). The only difference Sociological jurisprudence is also closely
between the sociology of law and Law and linked with the sociology of law and Law and
Society is that the latter does not limit itself Society studies. It is, however, of much ear-
theoretically or methodologically to sociol- lier date than the Law and Society movement
ogy and tries instead to accommodate and more interested in legal theory and legal
insights from all social science disciplines. education (see Ehrlich, 1936; Gurvitch,
Not only does it provide a home for sociolo- 1947; Petrazycki 1955; Pound, 1943). It is
gists and social anthropologists and political often associated with Roscoe Pound
scientists with an interest in law, but it also (1870–1964), who is also known as a promi-
tries to incorporate psychologists and econo- nent philosopher of law, and through him
mists who study law. with the American legal realist movement.
Although Law and Society has in principle However, there are historical and theoretical
relied on and used all social sciences, it has reasons for including a number of European
nonetheless received more input from main- scholars such as the Polish-Russian jurist
stream sociology, social anthropology and Leon Petrazycki (1867–1931) and the
political science than from other social sci- Austrian jurist Eugen Ehrlich (1862–1922)
ence disciplines. Psychology or economics, under this rubric. These scholars were critical
in particular, have had only a marginal of analytical jurisprudence for its conceptual
impact on the development of the movement, formalism and neglect of empirical facts
partly due to the fact that they early such as the role of social forces in creating
on formed their own Law and Psychology the legal order and shaping legal behaviour.
and Law and Economics associations They also argued that legal research, legal
and journals. An excellent example of education and judicial decision-making
research in the Law and Society tradition is should adopt the methods and insights of
to be found in Order Without Law, where social sciences in order to counterbalance
Robert C. Ellickson (1991) uses different this shortcoming.
social scientific ideas, including economic The founders of sociological jurispru-
theories, to study how residents of Shasta dence distinguished themselves from main-
County, a rural area in California, resolve a stream sociologists, such as Emile Durkheim
variety of disputes that arise from trespassing and Max Weber, in one important way. While
by cattle and fence-tending. mainstream sociologists have used law to
Law and Society has, according to study social developments and issues arising
Jonathan Simon, brought about ‘change in out of the rise of modernity, Petrazycki,