Sociology and the Law

This article examines the study of the sociology of law and how law impacts various subareas of sociology. A range of subareas of sociology that are most likely to be affected by laws is provided. The impact of law on marriage and various family issues including divorce, marriage rights, and abortion are discussed. Areas of sociology that will be increasingly affected by laws in the future are examined including environmental sociology and public health sociology.

Keywords: Environmental Law; Family Law; Formal Law; International Law; Problem Solving Courts; Public Health Law; Rule of Law; Social Problems

Overview

Societies have had laws for thousands of years and many of the concepts of law from the earliest civilizations, including those of the Roman Empire, have influenced the evolution of modern law (Ehrlich, 1922; Radin, 1925). Modern civil societies live under the rule of law, in which laws are publically disclosed and equally applied. The laws set the limits of the government's power as well as the responsibilities of the government to protect the rights of citizens (Manne, 1997; Jayakumar, 2009). Thus, in a civil society the government's power should be limited by the requirements necessary to maintain order while protecting individual rights (Sysoyeva, 2009).

One of the key functions of formal law is to help maintain the status quo in a society. One of the key functions of the law making process in democratic societies is to evolve and adapt the law based on democratic principles (Itzkowitz, 1988). In the 21st century, the relationship between law and sociology is constantly expanding. Law in most industrial nations is pervasive with virtually every aspect of society and human relationships governed by some form of law or government regulation whether constitutional, civil, criminal, or commercial. Economic globalization is in turn being met with an increasingly complex set of international laws and relationships between the legal systems of trading partners and financial centers.

Sociology & the Law

As modern law became more pervasive, aspects of social life and the law became more interactive. Laws influence behavior and regulate activity, and in democratic states those groups or classes impacted by laws can, in turn, influence the scope and intent of the law (Sunstein, 2007).

The study of the sociology of law and the relationship between law and society in sociological theory dates back to the works of Max Weber, Emile Durkheim, and Talcott Parsons. Now, the study of the sociology of law which focuses on the relationship between law and society is pursued around the world. The study of law and crime has long been of interest to sociologists and has been the subject of a large body of research and theory development. The interaction between law and society means that most things that sociologists study are impacted by some type of law. Those sociological subject areas which are most likely to be impacted by laws include:

  • Organizations,
  • Industry,
  • Science,
  • Politics,
  • Behavior,

• Groups,

  • Social organization,
  • Occupations,
  • Urban environments,
  • Medical,
  • Marriage and family,

• Aging,

  • Crime, and

• Race.

There are numerous categories of law in civil societies which apply to the entire gamut of human activity and correspond to a wide range of individual and group behavior. Laws apply to all social institutions, markets, industries, groups, and the lives of individuals. They govern individual, group, and organizational behavior and can impact the nature of economic, political, and social networks (Mohr & White, 2008). As time goes by this becomes more complicated; in the late 1900s and early 2000s there has been a huge increase in the volume of legislation that creates or amends laws (Toulson, 2006).

In totalitarian societies as well as those societies that are dominated by religious beliefs there are also a wide range of laws governing the personal and public lives of individuals as well as economic and political activities. In these societies, however, there is far less influence by the citizenry on the laws that are established (Lubonja, 2001; Davis & Robinson, 2006). The long list of specializations within legal practice helps to illustrate how pervasive law is in society and the various areas in which sociologists will encounter law as a factor of human behavior.

In the United Sates, the legal profession is also stratified in ways other than by specialization. Graduates of top law schools most often end up working for large and sometimes national or global law firms. Graduates from local law schools, or those serving a state or urban area, most often end up working in smaller firms focusing on localized or personal issues (Jonakait, 2007).

The U.S. Court System

The structure of the court system in the United States is a factor in how the justice system is administered. There are multiple court systems in the United States as well as numerous specialized courts. The Federal court system deals with cases involving Federal law while state, county, and municipal courts deal with cases involving laws established and administered by those levels of government. In addition to divisions by levels of law, courts are also specialized by types of law and cases that they adjudicate. Family law, which comprises a large percentage of cases at the local level, has a specialized family court in many jurisdictions. A similar structure exists for dealing with legal matters regarding child welfare and juvenile crimes. There are also international courts and tribunals that address a wide range of general legal issues as well as special circumstances such as war crimes that occur around the world (Pellet, 2008).

During the last two decades some specialized courts have become focused on problem solving when dealing with social problems such as substance abuse, domestic violence, or family problems. These courts show a high level of collaboration with social service agencies and mental health care providers to address widespread problems in society (Coulter, & et al., 2005; Mirchandani, 2008; Wolf, 2008).

Applications

Areas of Sociological Study Impacted by Law

In several areas of sociological study the impact of law can substantially change the lives of participating research subjects. As sociology focuses on the study of people and their relationships, it is inevitable that modern law will impact these relationships (Fairchild, 1932). However, the role of sociology in examining institutions, laws, or social programs and to what extent practitioners should be actively involved in the change process remains controversial (Grasmick, et al., 1983; Neeley, 2008).

Aging & the Elderly

An example of a field of study where laws have significantly impacted the lives of study participants is the study of aging in society. The lives of the aging people in most industrial societies are greatly changed by public laws and the assistance programs that those laws create or govern. In addition, the study of aging in society has produced a wide range of results that drive advocacy and influence legislation (Doron & Hoffman, 2005). As a result of such research, numerous laws at the federal level and state level have been amended to assure protection of older people in matters of health, finance, and level of care when it is needed (Arnason, et al., 2001).

Marriage & Family

The long standing field of the study of marriage and family covers a social institution that has been reshaped by laws and caused the lives of individuals to be greatly affected by them. The so-called traditional view of the family structure consists of a husband, a wife, and their biological children; this has historically been a dominant family structure across races and cultures within the United States. Informal arrangements of a similar structure have been recognized as common-law marriages by most states (Joslin, 2009). As of October of 2013 there are fourteen US states that grant and recognize same-sex marriage: California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and Washington, in addition to the District of Columbia.

There are numerous federal laws which impact families, some of which are within the federal court's jurisdiction. However, the United States Supreme Court still holds that laws that cover domestic relations should be set by state legislatures. (Elrod, 2009; Moloney, 2009).

Through the 1900s, there was considerable social change in the American family, some of which was enabled or driven by legislation such as women's suffrage and Roe v. Wade. As women's rights became legally recognized, the distribution of wealth in the country also changed and the economic status of women was improved (Weisberg, 1975; Joslin, 2009). The law has also controlled or granted, the freedom of women to choose or not choose motherhood and the law has governed the methods they have available for birth control. Abortion has been an issue in the United States since the mid-twentieth century, which has helped to shape perspectives toward sexuality, marriage, family, politics, economics, individual freedom, the role of the state, and the significance of religious beliefs (Tamney, et al., 1992; Kelley, et al., 1993).

The law has also attempted to maintain control over who can be married. The same-sex marriage movement and the social controversy over controlling the definition of marriage and family has become a heated controversy. Restricting marriage rights and legislating who can marry controls the legal and economic protection of marriage, which is at the center of the controversy ("Same-sex," 1996; Knauff, 2006). Activists and advocates for and against same-sex marriage have taken their fight to the media, town hall, stockholder meetings, the courts, and the polling place. There has been a great deal at stake for both sides. Those in favor have sought legal status, social recognition, financial benefits, and emotional security. Those opposed to same-sex marriage have fought for a traditional, heterosexually-oriented definition of marriage and family, sexuality, and social stability to be maintained (Shepard, 2007; Dickens, et al., 2009). The debate is far from over.

The conflict of same-sex marriage is deeply rooted in beliefs, mores, and norms. Societies and laws have been slow to change in accepting homosexuality (Mercier, 2008). This was also the circumstance in interracial relations and interracial marriages for over one hundred years (Novkov, 2008). Change, however, has come and there is a greater acceptance of gays and lesbians in many countries.

Divorce

The law also controls how people can end their marriages through divorce. California was a leader in establishing the concept of "no fault" divorce, which allows couples to dissolve their marriage based on irreconcilable differences without proof of fault or misdeed by either party. Most other states have enacted similar laws but the controversy over the effectiveness or positive or negative impact of the laws is still debated (Joslin, 2009). Divorce impacts couples, children, and extended families, and can bring a variety of problems for the participants. Some still blame divorce for moral decay, social disorder, and the destruction of family values (Adams & Coltrane, 2007).

The demographics of the United States have certainly changed and many of the arguments about divorce may not be keeping up with changing times. Divorce rates are down significantly and cohabiting has become more widespread ("The State of Divorce," 2007). In addition, trends in divorce have also shifted and couples are getting divorced at a later age, which can have a significant impact on the quality of life for older women (Wilson, 2008).

Viewpoints

Sociology & the Law are Nearly Inseparable

Law and social life including marriage and family as well as a wide range of social topics will remain intertwined and hold significance for the sociological researcher. This makes the future of sociology and the law inseparable. New areas of sociological study such as environmental sociology and public health have been experiencing new rounds of legislation which affect the fields every year. These areas and their legal aspects are inseparable and high on the agenda of social, political, and economic activities of the 21st century.

Environmental Sociology & the Law

Early inclusion of environmental concepts and concerns in sociology can be found in the work of Emile Durkhiem, Karl Marx, and later Patrick Geddes. As with law, societies, groups, and individuals have a constant relationship with the environment and nature. This is true regardless of how immediate or pervasive the relationship may feel to an individual or to what extent group dynamics are influenced by the environment or attitudes towards the environment (Canan, 1996).

Environmental trends such as pollution and global warming are putting public health at risk and could undermine the economic sustainability of numerous countries. This is a global issue with which all societies are confronted and all governments will need to create new laws or amend old laws in order to address it (Haluza-Delay & Davidson, 2008). The growing number of laws and regulating agencies around the world has made environmental management both logistically and legally complex. Trans-border environmental issues are also a growing concern and treaties as well as international laws are beginning to work toward solutions (Tseming & Percival, 2009).

Sociology, as well as other social sciences, will have a difficult time avoiding studying how environmental issues are impacting their realms of study (Catton & Dunlap, 1978). The law will drive environmental change, making environmental-related law a key concern across disciplines (Warren, 2005). The changes that will occur will range from individual responses or consumption patterns, group and subculture attitudes and actions toward the environment, and organization management and goal setting in light of environmental laws, all of which will be studied by sociologists.

The impact of environmental laws on human behavior will also open new locations for study around the world. As nations move through various phases of industrialization, civil society responses to environmental law will also evolve. This provides both an opportunity and a challenge for sociologists to study cross-cultural localized responses to a global problem (Vail, 2007). The relationship between laws and polluting behavior or attitudes toward environmental protection and compliance with or ignoring of environmental laws is worthy of attention (Dell, 2009).

Public Health Sociology & the Law

Several nongovernment organizations are actively pursuing an agenda of improving public health globally (Meier, 2007). As health agencies and policy makers address health issues there will be new laws and old laws will be amended, as happened with tobacco use laws in the later 20th century. There is also an interest in how law and society may interact to help improve overall health of a nation's population.

The list of health issues is long but obesity is close to the top since large portions of the populations of many countries have had significant increases in body weight over the last three decades. Anti-obesity legislation and regulation is likely to target the food industry.

Another issue to be addressed is the disparity in health care services across the population. Addressing both the issues of obesity and the availability of health care services will require considerable social change and very significant changes in law (Meier, et al, 2009). These changes in law will need to occur in many countries and in turn may impact international laws and treaties (Hirsch, 2005).

Globalization and the ease of movement for people and products around the world brings with it several potential health problems including the rapid spread of disease. The H1N1 virus, for example, caused confirmed outbreaks of disease in more 168 countries and overseas territories around the world, according to the World Health Organization, bringing the term pandemic into everyday life. Of course, pandemics have occurred numerous times throughout history including the plague, smallpox, and Spanish influenza; each had a devastating impact and killed millions of people. The potential severity of a pandemic is certainly a social issue and health care concern but it is also a legal issue with which policy makers and legislators around the world grapple (Myongsei, et al., 2004).

Public health laws are often designed to address problems that may contribute to the spread of disease. The prevention of a pandemic may require changes in the law as well as how the movement of people and products are managed. Such laws can change basic behaviors and may help to prevent a pandemic. However, if a pandemic does occur there may be very swift changes in laws that can radically change and control social behavior. Managing social distance may require quarantines and closures of public facilities and could become common and enforced through marshal law procedures. Fear and panic could thus prevail (Bell, et al., 2009; Wolfe, 2009).

Other public health laws are designed to more directly stop the spread of disease. One of the ways that governments worked to stop the spread of smallpox was through a mandatory vaccination program. Such programs can cause considerable backlash from religious groups who do not believe in such treatment or from political factions that contend the government should not have such power. This was the case concerning the mandatory vaccination laws passed by the state of Massachusetts which were eventually upheld by the Supreme Court of the United States (Curran, 1971).

Conclusion

Law is the foundation of modern societies, which makes the sociology of law an important field of study. The pervasiveness of law also poses other challenges to sociologists. Law influences social behavior in several areas, especially in institutions which societies believe are central to their existence. Those who study marriage and the family, for example, are confronted with volumes of law that can influence the structure of families as well as the behavior of individuals within the family. Sociology will surely continue to be influenced by law in most areas.

Terms & Concepts

Family Law: Laws which focus specifically on family issues, structures, and behaviors.

Formal Law: Documented laws enforced through a public, government supported and judicial process.

Government Regulation: Practices and standards established and enforced by government agencies to monitor public laws.

International Law: Laws that are agreed upon through treaty or reciprocal agreements that govern cross-border activities and actions.

Rule of Law: Legal systems where laws are established through a democratic process, are documented and made public, and apply to all citizens equally.

Trans-border Environmental Issues: Environmental problems or actions that impact multiple countries because of the inability to prevent the impact including such conditions as floods, downstream pollution, or air pollution.

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Smith, D. (2007). Gender essentialism in a radical movement: Men, women and the politics of same-sex marriage. Conference Papers — American Sociological Association, 2007 Annual Meeting, 1. Retrieved February 2, 2010 from EBSCO online database, SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=34595972&site=ehost-live

Sunstein, C. (2007). Incompletely theorized agreements in constitutional law. Social Research, 74, 1-24. Retrieved February 2, 2010 from EBSCO online database, SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=25004214&site=ehost-live

Studholme, M. (2007). Patrick Geddes: Founder of environmental sociology. Sociological Review, 55, 441-459. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=25945017&site=ehost-live

Sysoyeva, L. (2009). Russian democracy in the vacuum of civil society. Santalka, 17, 41-49. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=40838891&site=ehost-live

Tamney, J., Johnson, S., & Burton, R. (1992). The Abortion Controversy: Conflicting Beliefs and Values in American Society. Journal for the Scientific Study of Religion, 31, 32. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=9607300861&site=ehost-live

The state of divorce: You may be surprised. (2007). Time, 169, 16. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=25127314&site=ehost-live

Toulson, S. (2006). Law reform in the twenty-first century. Legal Studies, 26, 321-328. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=22308698&site=ehost-live

Treviño, A. (2001). The sociology of law in global perspective. American Sociologist, 32, 5-9. Retrieved February 2, 2010 from EBSCO online database, SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=5375239&site=ehost-live

Tseming, Y., & Percival, R. (2009). The Emergence of Global Environmental Law. Ecology Law Quarterly, 36, 615-664. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=44858109&site=ehost-live

Vail, B. (2007). Illegal waste transport and the Czech Republic: An environmental sociological perspective. Czech Sociological Review, 43, 1195-1211. Retrieved February 2, 2010 from EBSCO online database, SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=28725434&site=ehost-live

Warren, W. (2005). Hierarchy theory in sociology, ecology, and resource management: A conceptual model for natural resource or environmental sociology and socioecological systems. Society & Natural Resources, 18, 447-466. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=16968570&site=ehost-live

Watson, D. P. (2012). The evolving understanding of recovery: What does the sociology of mental health have to offer? Humanity & Society, 36, 290–308. Retrieved November 4, 2013 from EBSCO Online Database SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=86974955

Weisberg, D. (1975). Alternative family structures and the law. Family Coordinator, 24, 549. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=4700430&site=ehost-live

Wilson, C. (2008). Divorce traps for older women. American Journal of Family Law, 22, 73-80. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=31888957&site=ehost-live

Wolf, R. (2008). Breaking with tradition: Introducing problem solving in conventional courts. International Review of Law, Computers & Technology, 22(1/2), 77-93. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=31747805&site=ehost-live

Wolfe, N. (2009). Preventing the next pandemic. Scientific American, 300, 76-81. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=36868211&site=ehost-live

Wray, B. (2009). Screening desire: Same-sex-marriage documentaries, citizenship, and the law. Canadian Journal of Law & Society/Revue Canadienne Droit et Societe, 24, 1-21. Retrieved February 2, 2010 from EBSCO online database, SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=41562012&site=ehost-live

Zanetti, O. (2009). Greening the law. New Internationalist, , 21-24. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=44186838&site=ehost-live

Suggested Reading

Andrini, S. (2004). Max Weber's sociology of law as a turning point of his methodological approach. International Review of Sociology, 14, 143-150. Retrieved February 2, 2010 from EBSCO online database, SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=13355073&site=ehost-live

Baumgartner, M. (2001). The sociology of law in the United States. American Sociologist, 32, 99-113. Retrieved February 2, 2010 from EBSCO online database, SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=5376799&site=ehost-live

Baurmann, M. (2012). A sociological speculation about law and ethics. Analyse & Kritik, 34, 285–297. Retrieved November 4, 2013 from EBSCO Online Database SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=85692076

Black, D. (1979). Common sense in the sociology of law. American Sociological Review, 44, 18-27. Retrieved February 2, 2010 from EBSCO online database, SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=14753551&site=ehost-live

Dilcher, G. (2008). From the history of law to sociology: Max Weber's engagement with the Historical School of Law. Max Weber Studies, 8, 163-186. Retrieved February 2, 2010 from EBSCO online database, SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=39771464&site=ehost-live

Donoghue, J. (2009). Reflections on the sociology of law: A rejection of law as 'socially marginal'. International Journal of Law, Crime & Justice, 37(1/2), 51-63. Retrieved February 2, 2010 from EBSCO online database, SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=38315199&site=ehost-live

Frezzo, M. (2011). Teaching and learning guide for: Sociology and human rights in the post development era. Sociology Compass, 5, 395–398. Retrieved November 4, 2013 from EBSCO Online Database SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=66588524

Gottfredson, M., & Hindelang, M. (1979). Theory and research in the sociology of law. American Sociological Review, 44, 27-37. Retrieved February 2, 2010 from EBSCO online database, SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=14753552&site=ehost-live

Guibentif, P. (2002). The sociology of law as a sub-discipline of sociology. Portuguese Journal of Social Science, 1, 175. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=9541448&site=ehost-live

Horwitz, A. (1983). Resistance to innovation in the sociology of law: A response to Greenberg. Law & Society Review, 17, 369-384. Retrieved February 2, 2010 from EBSCO online database, SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=11832069&site=ehost-live

Llewellyn, K. (1949). Law and the social sciences — especially sociology. American Sociological Review, 14, 451-462. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=12842415&site=ehost-live

Sahni, I. (2009). Max Weber's sociology of law. Journal of Classical Sociology, 9, 209-233. Retrieved February 2, 2010 from EBSCO online database, Academic Search Complete. http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=43405062&site=ehost-live

Timasheff, N. (1941). Fundamental problems of the sociology of law. American Catholic Sociological Review, 2, 233-248. Retrieved February 2, 2010 from EBSCO online database, SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=17175957&site=ehost-live

Yarbrough, M. (2007). The grip of "legal consciousness": Theoretical and methodological elaborations of the law-culture-society nexus. Conference Papers — American Sociological Association, 1. Retrieved February 2, 2010 from EBSCO online database, SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=34596067&site=ehost-live

Essay by Michael Erbschloe, M.A.

Michael Erbschloe is an information technology consultant, educator, and author. He has taught graduate level courses and developed technology-related curriculum for several universities and speaks at conferences and industry events around the world. Michael holds a Masters Degree in Sociology from Kent State University. He has authored hundreds of articles and several books on technology.