Sistemas Jurídicos: Elementos para un Análisis Sociológico PDF

# SISTEMAS JURÍDICOS: ELEMENTOS PARA UN ANÁLISIS SOCIOLÓGICO ## André-Jean Arnaud, María José Fariñas Dulce ## Segunda edición ## Universidad Carlos III de Madrid. Boletín Oficial del Estado The cover of the book shows a red cover with a large, white outline of the letter 'C' toward the bottom c...

# SISTEMAS JURÍDICOS: ELEMENTOS PARA UN ANÁLISIS SOCIOLÓGICO ## André-Jean Arnaud, María José Fariñas Dulce ## Segunda edición ## Universidad Carlos III de Madrid. Boletín Oficial del Estado The cover of the book shows a red cover with a large, white outline of the letter 'C' toward the bottom center of the cover. The text above the 'C' reads: "**SISTEMAS JURÍDICOS: ELEMENTOS PARA UN ANÁLISIS SOCIOLÓGICO**" and is centered on the cover, the text slightly above the 'C' and aligned to the left is: "**ANDRÉ-JEAN ARNAUD**, **MARÍA JOSÉ FARIÑAS DULCE**, **Segunda edición**" and slightly below the 'C' and aligned to the left is: "**UNIVERSIDAD CARLOS III DE MADRID. BOLETÍN OFICIAL DEL ESTADO**" ## Introduction The text discusses the concept of "function" and its application to the study of legal systems, and further uses this study to identify the underlying roles that law plays in society. The text discusses how law is used in a range of contexts and how the various functions of law help to shape social relations and maintain order and cohesion. It emphasizes that the function of law is not merely to resolve conflicts, but to shape and guide all areas of social life. The text examines the various functions of law from the sociological perspective of these four functions: the integration of society, control of social behavior, the resolution of conflicts, and the regulation of social behavior. ## CONCEPTS AND PARADIGMS OF A DEVELOPED LEGAL SOCIOLOGY ### 1.1.2 The function of social integration or social control * The function of social integration has always been attributed to law by functionalist authors, especially Parsons and Bredemeier. The assignment of this function to law implies starting from the basic presupposition of all functionalist theory, which is that of social system equilibrium (order and peace). * Law contributes to achieving that equilibrium by controlling, integrating or mitigating social conflicts and imbalances. It is a subsystem of social control, responsible for communicating the social norms to its users. Law is considered the most powerful tool of social control. * Law serves to integrate, regulate and determine social behaviours, and has a more restricted meaning for Parsons and other Functionalist authors. Parsons and other Functionalist authors argue that the control exercised by law is intended to correct 'deviant behavior'. * The authors suggest that the question of how law operates regarding 'deviant behavior' can be explained across two distinct approaches. The first approach proposes that deviant behavior is the result of social deviance, with two explanations for this, which can be explained as either a 'violation' or a 'structural anomie. The second approach views deviant behavior as a product of the social control process. The text uses this view of social control to explain the use of 'labelling' or 'stigmatisation' as the result of the social control process. The concept of a 'deviant role' is introduced to explain the behavior as a result of the role assigned by the control process. ### 1.1.3 The function of conflict resolution * The text explores the function of resolving conflicts as described by American jurist, Karl Llewellyn. Llewellyn views this function from a purely judicial perspective. The text further discusses how Parsons and Bredemeier understand conflict resolution as 'conflict resolution' in a purely functionalist sense. The text moves on to discuss how contemporary understandings of conflict resolution view conflict as inherent to social interaction and therefore the goal of law in these instances should be towards guiding or 'managing' the conflict, rather than resolving the issues. ### 1.1.4 The function of social regulation or orientation * This social function of law is viewed from a temporal perspective, viewing law as a precursor and a guide to social structure. Llewellyn defines this function as one that provides a form of social guidance, directing behaviour to avoid conflicts. The text then introduces other authors who argue that the role of law is to stimulate and encourage those behaviors that would reduce social conflict and discourage behaviors that lead to conflict. ### 1.1.5 The function of legitimizing social power * The text discusses how law is used to legitimize the decision-making processes that occur in society. The text discusses the work of Llewellyn and Rehbinder in understanding how law serves to legitimize actions and the power structures and institutions that govern society. ### 1.1.6 The promotional function of law * This function describes how law is used to incentivize or promote desired behaviors. The text introduces the concepts of distribution and promotion as key processes that play a role in the function of law. The text clarifies how the promotional function is not entirely new, but rather a change in how law operates to enact its role in society. The text uses the example of the welfare state to analyze how law can legitimize and promote social welfare. ## 1.2 FUNCTIONALIST PARADIGMS The text discusses how functionalism is a general conception of society, and how it is applied to law. The functionalist paradigm, developed by Parsons, attempts to show the underlying structural and functional elements of social systems. The text briefly discusses the two main pillars of the functionalist paradigm in terms of Durkheim's view of society and Weber's understanding of social systems to distinguish between social philosophy and the scientific method of understanding society. It emphasizes that the text focuses on the second pillar of the functionalist paradigm. ## 1.2.1 The 'structural functionalism' of Parsons The text discusses the key features of the functionalist perspective as developed by Parsons. The text explains how Parsons' understanding of functionalism attempts to explain the structure and the function of social systems. The text notes how Parsons' view has become a key paradigm in the development of social theory,