Sociology of Law as an Independent Legal Discipline

...

The third main direction includes the study of the effectiveness of legal norms, in the process of which sufficiency or inadequacy of legal means chosen to achieve the stated goals is revealed.

In the literature there is also a narrow and broad concept of the sociology of law. After all, among social phenomena there are also those whose legal nature immediately becomes understandable. These include the law, judicial or administrative decisions, and the like. Such phenomena in the sociology of law are qualified as primitive legal phenomena. They are obviously legal, since it is they who create the right or, as it is still right, identify themselves with the right.

Therefore, in a narrow sense, the sociology of law is limited to studying and researching the functions and actions of the law, its prestige, knowledge of the law, the representation of the broad masses about judges, their social origin, the slowness of justice, and the like. It is the narrow approach to understanding the sociology of law that limits the majority of lawyers. However, in contrast to this approach, there must also be a broad concept that includes in sociology the rights of all social phenomena in which there is a legal element, even if it is not expressed in its pure form, but intersects with others.

Thus, in a broad sense, the sociology of law encompasses minor phenomena, such as family, property, contracts, responsibility, etc. [4, 32].

Sociology of law, as an independent legal discipline, seeks to know the actual social reality to the extent that it is associated with a legal factor. And also this science strives to know the law in its operation, namely, to establish an industry in which rapid or slow legal changes prove to be effective. Here the main thing is to identify the legal toolkit that leads to the corresponding changes in consciousness, the sphere of economic relations, relations between people, to establish indirect negative consequences that the law can create. Particular attention in the sociology of law is devoted to the study of the effectiveness of laws and individual norms, as well as to the basic social functions of law - regulative, educational, planning and forecasting, the study of public opinion about law and justice, the prestige of the legal profession [7; C. 6].

Thus, the sociology of law as an independent legal science explores the interrelations and interaction of legal and non-legal factors. Consequently, legal phenomena (legal factors) are of interest to the sociology of law (unlike traditional jurisprudence), not in themselves, but in their connection with non-legal factors, and non-legal factors are significant for the sociology of law (in contrast to general sociology) only in Connections, interactions with legal phenomena. Social factors that interact with legal phenomena, as well as the mechanism and patterns of such interaction are the most important element of the study of the sociology of law. But in this context it is necessary to associate the sociology of law with interdisciplinary science, because at the present stage of development of legal thought a new view on the sociology of law is formed as a legal discipline, in which the emphasis is on its legal component, studying in the unity of the socially philosophical and special sociological levels:

A) the social conditionality of law, its institutions and norms, the laws of action on the right of the whole system of material and spiritual factors;

B) the mechanism of the law in society, the patterns of the impact of law and law enforcement activities on various aspects of social life;

C) the effectiveness of the law, its institutions and norms in the regulation of social relations.

Therefore, I would like to emphasize the independent status of this science and the legal direction of its subject, which consists in studying the influence of social factors on the formation and development of law and the effectiveness of the operation of legal norms in the regulation of social relations. That is, we have two components, but organically related parts of the subject of research of this science, interact with each other, influence each other and are among themselves in an inextricable dialectical connection.

LIST OF USED LITERATURE

1. Kornev A.V. Sociology of law. Uch. - Moscow: Prospekt, 2015. - 336s.

2. Kudryavtsev VN and others. Specific sociological methods of scientific research in law: Problems of methodology and methods of jurisprudence. M., 2014 - 205 with.

3. Sociology of law. A manual under the general editorship of A. N. Djuzhi. - К., 2004 - 286 с.

4. Sociology of Law: Textbook / VD Vodnik, Yu. I. Zolotareva, GP Klimova, N.P., Osipova, OV Serdyuk; Ed. N. P. Osipova. - M.: Right, 2007. - 232 with.

5. Carbonie J. Legal sociology: Per. With fr. / Trans. And entry. Art. V. A. Tumanov. - M.: Progress, 2006. - 352 p.

6. Toshchenko Zh. T. Sociology. General course. - second ed., Ext. And pererab. - M.: Yurayt-M, 2011. - 284 with.

7. Marchuk V. P. Evgeni Ehrlich: pages of life and work / Erlichov's collection. Issue. 1. - Part., 2015. - P. 6-8