Abstract

SILVA GARCIA, Germán. IS LAW JUST A FAIRY TALE? CRITICAL ANALYSIS OF COMPREHENSIVE SOCIOLOGY OF LAW. Novum Jus [online]. 2022, vol.16, n.2, pp.49-75.  Epub Dec 07, 2022. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2022.16.2.3.

This article deals with the role of legal sociology in the field of legal studies. Mainly, it examines the contributions of the sociology of law grounded in conflict theory, symbolic interactionism, and the theory of phenomenology. It presents a comprehensive and coherent theoretical framework that discusses macrosociology and microsociology theories from an integrated perspective, which enhances the possibility of describing and interpreting phenomena related to social structures and social actions that represent social reality as a continuum. The paper contends that the practice of law is often influenced by social factors that lead to outcomes not formally provided by legal rules. In other cases, rules and legal practices applied in specific social contexts to fulfill social functions generate unforeseen or unintended consequences among certain sectors of the population. The main conclusion highlights the importance of legal sociology in elucidating the true nature of the legal normative context in which society is nested.

Keywords : legal sociology; phenomenology; macrosociology; conflict theory; microsociology; micro-macro integration.

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