Sociologising Tendencies in our Philosophy of Law?

In the philosophy of law, sociologisation is the acknowledgement of the inherent social nature of law. The only discipline for which this social world is the subject is macro-sociological legal theory. Historical research in law also builds on the societal context. Legal anthropology and the study of folk law see this social world as a product of a given culture at its birth, in an undifferentiated social milieu. All such directions are parallel, each with its own right to explain the complexity of law. The most complete legal picture is perhaps provided by the simultaneity of three strands. The Viennese school presents law, first and foremost, in its identity as a set of rules made normative. Kelsen’s doctrine is a mapping out of the interrelationships that logically bind together into a coherent whole the totality of the legal developments of a territory of any size and of any duration, in principle each act within it, from the creation of rules to their application and their enforcement in the law’s name. Scandinavian realism pioneered in pointing out that the text does not stand alone, but functions in tandem with the one who speaks and uses it. With this insight, driving and operating factors such as education, socialisation, instinctive response construction, routinisation, ideological enclosure can be identified in the actual use of such sets of signs, which is now capable of functioning and operating like automatisms. Finally, the social space of law, in its infinite context of movement and interaction, with its sources of dynamism and historically changing poles, has been studied with the greatest impact by Marxism.