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more often referred to as socio-legal studies. At first, jurists and legal philosophers were suspicious of sociology of law. Kelsen attacked one of its founders, Eugen Ehrlich, who sought to make clear the differences and connections between positive law, which lawyers learn and apply, and other forms of 'law' or social norms that regulate everyday life, generally preventing conflicts from reaching barristers and courts.[231] Contemporary research in sociology of law is much concerned with the way that law is developing outside discrete state jurisdictions, being produced through social interaction in many different kinds of social arenas, and acquiring a diversity of sources of (often competing or conflicting) authority in communal networks existing sometimes within nation states but increasingly also transnationally.
Max Weber in 1917, Weber began his career as a lawyer, and is regarded as one of the founders of sociology and sociology of law. Around 1900 Max Weber defined his "scientific" approach to law, identifying the "legal rational form" as a type of domination, not attributable to personal authority but to the authority of abstract norms.[233] Formal legal rationality was his term for the key characteristic of the kind of coherent and calculable law that was a precondition for modern political developments and the modern bureaucratic state. Weber saw this law as having developed in parallel with the growth of capitalism.[230] Another leading sociologist, Émile Durkheim, wrote in his classic work The Division of Labour in Society that as society becomes more complex, the body of civil law concerned primarily with restitution and compensation grows at the expense of criminal laws and penal sanctions.[234] Other notable early legal sociologists included Hugo Sinzheimer, Theodor Geiger, Georges Gurvitch and Leon Petrazycki in Europe, and William Graham Sumner in the U.S.

Social law is a unified concept of law, which replaces the classical division of public law and private law. The term has both been used to mean fields of law that fall between "core" private and public subjects, such as corporate law, competition law, labour law and social security,[1] or as a unified concept for the whole of the law based on associations.[2] In reaction to classical jurisprudence in the 19th century, legal scholars questioned a rigid divide between private law and public law. The German legal philosopher, Otto von Gierke worked to develop a comprehensive history and theory of "social law" (Soziales Recht). Key tenets of Gierke's work were adopted and brought into English jurisprudence by Frederick W. Maitland. In France, Léon Duguit developed the concept of social law in his 1911 book, Le droit social, le droit individuel et la transformation de l’état. A common thread has been an attachment to social justice in a democratic society.[3] This became central to the thinking of American legal realists during the Lochner era of the early 20th century. Contents 1 See also 2 Notes 3 References 4 External links See Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy.[1][2] It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology.[3][4] Philosophy of law can be sub-divided into analytical jurisprudence and normative jurisprudence.[5] Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action.[5] Contents 1 Analytical jurisprudence 2 Normative jurisprudence 3 Philosophical approaches to legal problems 4 Notable philosophers of law 5 See also 6 References 7 Further reading 8 External links Analytical jurisprudence Analytical jurisprudence seeks to provide a general account of the nature of law through the tools of conceptual analysis. The account is general in the sense of targeting universal features of law that hold at all times and places.[6] Whereas lawyers are interested in what the law is on a specific issue in a specific jurisdiction, philosophers of law are interested in identifying the features of law shared across cultures, times, and places. Taken together, these foundational features of law offer the kind of universal definition philosophers are after. The general approach allows philosophers to ask questions about, for example, what separates law from morality, politics, or practical reason.[6] Often, scholars in the field presume that law has a unique set of features that separate it from other phenomena, though not all share the presumption. While the field has traditionally focused on giving an account of law's nature, some scholars have begun to examine the nature of domains within law, e.g. tort law, contract law, or criminal law. These scholars focus on what makes certain domains of law distinctive and how one domain differs from another. A particularly fecund area of research has been the distinction between tort law and criminal law, which more generally bears on the difference between civil and criminal law.[7] Several schools of thought have developed around the nature of law, the most influential of which are: Natural law theory, which asserts that law is inherent in nature and constitutive of morality, at least in part.[8] On this view, while legislators can enact and even successfully enforce immoral laws, such laws are legally invalid. The view is captured by the maxim: an unjust law is not a true law, where 'unjust' means 'contrary to the natural law.' Natural law theory has medieval origins in the philosophy of Thomas Aquinas. In late 20th century, John Finnis revived interest in the theory and provided a modern reworking of it.[9] Legal positivism, which is the view that law depends primarily on social facts.[10] Legal positivism has traditionally been associated with three doctrines: the pedigree thesis, the separability thesis, and the discretion thesis.[2] The pedigree thesis says that the right way to determine whether a directive is law is to look at the directive's source. The thesis claims that it is the fact that the directive was issued by the proper official within a legitimate government, for example, that determines the directive's legal validity—not the directive's moral or practical merits. The separability thesis states that law is conceptually distinct from morality.[2] While law might contain morality, the separability thesis states that "it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though

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