법사회학에 있어서의 행동이론

The Behavior Theory in Sociology of Law - D. Black's Theory -

The main purpose of this paper is to examine basic arguments and theoretical meanings of the behavior theory focused on Donald Black's view. From the point of view of Donald Black, the law stands for governmental social control of executive institution and the governmental social control means a rule and a action against an aberration. In considering legal behavior in social, individual itself and psychological properties are excluded because it is achieved in social level. The change of the law is expected and explained systematically in correlation with five variations, such as stratification, morphological variables, culture, organization and social control, if all else constant is fixed. This behavior theory partly coincides with legal action of social community responding the social control. But how inherent subjective factor of human behavior is incorporated with the cognition maintaining objectivity still come into question. Therefore sociological study on the law need to adhere standpoint how to integrate outside and inside viewpoints observing human behavior or social relationship.