1. Law as an Intellectual Stepchild.
- Author
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Parsons, Talcott
- Subjects
- *
LAW , *SOCIOLOGICAL jurisprudence , *SOCIAL systems , *SOCIAL control , *ETHICS , *JUSTICE administration - Abstract
This article focuses on the relative neglect in the sociological study of law and legal systems. The emphasis on individualism and its negative effect on community appears in a variety of formulas, but they all have to do with the prominence of economic concerns, often of the "capitalistic" order, and with the "utilitarian" pursuit of self-interest. The general tone is pronounced pessimism about the prospects of the kind of society in which these characteristics are prominent. This is where law comes in. From a sociological point of view, law is significant, above all, as an institutional instrumentality of "social control." In the analytical sense, law is a phenomenon of the social system. The four trends of thought that will be discussed are concerned with four different primary aspects of the society as a whole. These aspects are, first, economic problems and structure; second, political; third, integrative aspects, which have to do with the "societal community" and, fourth, the problems of the fiduciary system, which focus to a certain extent on morality.
- Published
- 1977
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