도이치 법사회학의 흐름

A Perspective on the Stream of the German Sociology of Law

This article ist giving a outline of the german sociology of law. The german legal sociology began at the end of the 19th century, and her discipline gat an academic citizenship in the legal science at the beginning of the 20th century. There are three great theoretical architects in the early stage of german sociology of law, namely Max Weber, Eugen Ehrlich, and Hugo Sinzheimer. They all were devoted to study the legal problems of the industrial capitalism. However their scientific interest was totally different. Weber was interested in the legal process of rationalization, Ehrlich aimed at clearing the role of the living law(in german, das lebende Recht) in the social life, Sinzheimer made an academic effort to humanize the labor problems in capitalist society by dint of the labor legislation In 1960s and 1970s Judicial Reform, the empirical investigation was used as a method of facts finding and a acute criticism against the legal practice. Consequently, sociological method was mobilized and the period of the Renaissance of the sociology of law came up. In the post-modern era, the sociology of law becomes shaken in her scientific foundation.