The Sociology of Law as an Empirical Theory of Validity

Abstract

Contrary to current tendencies, the founders of sociology as a discipline regarded the sociology of law as an integral part of social theory. Law and its historical variations were treated by them as a constitutive component of social life. This can be demonstrated especially with regard to Émile Durkheim and Max Weber. It also provides an opportunity to highlight the differences between these authors, not only in methodological but also in substantive terms. In the essay it is shown how both authors treated law in comparative and developmental perspectives and varied in assessing the role of penal law and human rights in the course of history. Connections to the current theoretical debate in Germany are also drawn.