SALESIAN UNIVERSITY OF BOLIVIA

RIGHT

DOSSIER
GENERAL SOCIOLOGY AND LAW
Second semester

Teacher:
Lic. JACQUELINE TEREZA REYNOLDS
AGUILAR.

Management I - 2011
PRESENTATION
 Higher Education in Bolivia is a latent need that deserves adequate and relevant
responses in the academic life of students. It is for this reason that I allow myself to present
to the students of the Law degree this DOSSIER for the subject of General Sociology and
Law, prepared in accordance with the requirements demanded by the Directorate of
Planning, Educational Projects, Post-Graduate and Evaluation from the Salesian University
of Bolivia.

The objective of this Dossier is to present to the students in advance the topics that
are going to be developed in classes and that each one has the material for studies prior to
the advancement of the subject, preparation for the exams and consultations for the
completion of work and Bibliography

The Dossier likewise has the topics developed and agreed upon with the teachers in
the area, that is, competent with the Discipline Plan presented to the Course Directorate in a
timely manner.

I feel that students are the ones who give meaning and life to the professional
fulfillment of teachers, that is why I allow myself to dedicate the effort involved in
preparing this present to all my students, expressing my desire for constant improvement
and success in their lives. university and professional.

That is why, my university friend, I invite you to read the content of these pages as
preparation for your professional life, and remember that the best friend and teacher are the
books that help you open your mind and spirit and project your future life accordingly. to
the professional demands that our society requires: “BE GOOD PROFESSIONALS AND
HONEST CITIZENS”

INDEX
UNIT 1:
GENERAL SOCIOLOGY
P. 17 - 21

UNIT 2:
SOCIOLOGY OF LAW
P. 22 - 23

UNIT 3:
SOCIAL DEVELOPMENT OF LAW
P. 24 - 27

UNIT 4:
SOCIOLOGY OF LAW IN THE MODERN AGE
P. 28 - 33

UNIT 5:
SOCIOLOGICAL THEORIES OF LAW
P. 34 - 37

UNIT 6:
LEGAL PHENOMENA AND THE SOCIOLOGY OF LAW
P. 38 - 40

UNIT 7:
METHOD OF THE SOCIOLOGY OF LAW
P. 41 - 42

UNIT 8:
LEGAL METHODOLOGY
P. 43 - 44

Salesian University of Bolivia

Right
 DISCIPLINE PLAN
MANAGEMENT I – 2008

YO. IDENTIFICATION DATA

 UNIVERSITY INSTITUTION: Salesian University of Bolivia

 RECTOR: Rev. Q. Ph.D. Thelian A. Cortes Crown
 CAREER: Right
 CAREER DIRECTOR: Lic. Susan Mabel Vargas Salazar
 TEACHER: Lic. Jacqueline T. Reynolds Aguilar.
 SUBJECT LEVEL: Second semester
 SUBJECT: General Sociology and Law
 INITIALS: RIGHT – 123
 PARALLEL 2-A1
 E-MAIL: jtreynolds.a@gmail.com

II. OBJECTIVES OF THE SUBJECT

 GENERAL

Develop basic and fundamental knowledge in a direct relationship between social

reality and the universal legal reality of our environment. Know the theoretical-practical
interrelation between the social sciences and particularly, between Sociology and Law.

 SPECIFIC

- Develop investigative skills in the student, applying analysis methodologies in

reflection and understanding of the thematic axes of legal sociology.

- Capture the interest of the student so that they cultivate the habit of scientific
analysis of social data for a correct understanding of general sociology and law.

- Carry out analysis of the Bolivian situation: on historically determined social

facts, within the context of the science of sociology and law.

 ADDITIONAL

Implement the Salesian Style in the teaching-learning process, emphasizing the

basic pillars: REASON, LOVE AND RELIGION.
 III. CONTENTS

 MINIMUM OFFICIAL CONTENTS.

Sociological perspective. Origins of sociology. Concepts, division. Object of

sociology. Augustus Comte. Its development. Spencer sociological doctrines. Durkheim.
Tonnies. Social organization and culture. Social organization and culture. Social
institutions. Sociological doctrines. Political doctrines. Marxist Conception and others.
Contribution of legal doctrines: Hans Kelsen. Pure theory of law. Constitutional ideology.
Ihering and the end of law. Dugüit: law as a rule of social life. Weber the social sciences,
the State and the Law. Sociological Methods and Schools. The social organization.
Institutions linked to social formation and social integration: universal and National.
Current universal and Bolivian sociological aspects. Your analysis. Legal sociology.
Background. Legal Sociological Schools. Representatives. Analysis of different theories
about law from the points of view: ethical, social, historical and different social
philosophical currents.

 ANALYTICAL CONTENTS

UNITS AND
ANALYTICAL CONTENT OF THE SUBJECT

UNIT I
GENERAL SOCIOLOGY

The founders of sociology and legal thought. Legal utopianism. Saint Simon. Industrial society and law. Comte. Organic Empiricism. Spencer. The
founders of the sociology of law. Law and social behavior. Erhlich. Law as a social fact. Durkheim... Legal psychology. Pedrazycki.. Epistemology
and Law. Hägenstrom. Empiricism and Law. Pound.

UNIT II
SOCIOLOGY OF LAW

Sociology of law. Law as a social rule. Science of society. Sociology and Law. sociology of law and legal dogmatics. Legal axiology and social
reality. Concepts and definition of the sociology of law.

UNIT III
SOCIAL DEVELOPMENT OF LAW

Culture, community and law. Custom and archaic law. Normative syncretism of primitive society. Religious formalism of primitive normativity.
Legality in primitive society. Law as social control. Primary Forms of Legal Institutionalization.

UNIT IV
SOCIOLOGY OF LAW IN THE MODERN AGE

Influence of Positivism in the development of Legal theory. Analytical Positivism or analytical jurisprudence. Legal finalism. R. Vo Ihering. The
Jurisprudence of interests. Tübingen School. Kelsen's Pure Theory of Law
UNIT V
SOCIOLOGICAL THEORIES OF LAW .

Law as a group conviction. Ehrlich. History and Law. Gierke. Realistic Legal Solidarity. Duguit. Theory of the Institution. Hauriu. Legal pluralism.
Gurvich. Rationality and law. M. Weber. Function and right. Functionalism and law. North American functionalism. Pearson. Sociological Theory
of Conflict. Behavioral phenomenology. Rationalism and law Recaséns Siches.

UNIT VI
LEGAL PHENOMENA AND THE SOCIOLOGY OF LAW.

Facts, forms and legal relationships. Classification of legal phenomena. Legal systematics. Infralegal phenomena. Folk law. Temporality of the
legal system. The sociology of law as a theoretical science of reality. Social life and positive law.

UNIT VII
METHOD OF THE SOCIOLOGY OF LAW

General principles. Method and technique. Method and Science.. Method and History. General rules of the Method. Need for the Method.. the
sociological explanation. Sociological laws.

UNIT VIII
LEGAL METHODOLOGY.

The Law Method. The sources of socio-legal knowledge. Sources in the field of law. Source appropriation techniques. Statistical sources.
Economic documentary sources. Method in Law. Grammatical method. dogmatic method. Method of free interpretation. Ethological method.

 EXECUTION SCHEDULE AND MEANS USED

UNITS MEDIA AND TECHNIQUES

Execution Advanced
AND
Schedule Percentage USED
ANALYTICAL CONTENT

07 – February
Presentation and introduction of the
subject.

UNIT I
GENERAL SOCIOLOGY

The founders of sociology and legal thought. Legal

utopianism. Saint Simon. Industrial society and law.
Comte. Organic Empiricism. Spencer. The founders of the 100% Internet - Whiteboard – Markers
12 - February
sociology of law. Law and social behavior. Erhlich. Law as
to the
a social fact. Durkheim... Legal psychology. Pedrazycki..
February 19th
Epistemology and Law. Hägenström. Empiricism and Law.
Pound.

21 - February 100% Data Show

to the UNIT II
26 – February SOCIOLOGY OF LAW

Sociology of law. Law as a social rule. Science of society.

Sociology and Law. sociology of law and legal dogmatics.
Legal axiology and social reality. Concepts and definition
 of the sociology of law.

UNIT III
28 - February SOCIAL DEVELOPMENT OF LAW
Whiteboard and Markers
to the 50%
06 - March Culture, community and law. Custom and archaic law.
Normative syncretism of primitive society.

06 - March FIRST PARTIAL WRITTEN EXAM

UNIT III
CONTINUATION
11 - March
to the Graph paper - Slate
Religious formalism of primitive normativity. Legality in 50%
18 - March Markers
primitive society. Law as social control. Primary Forms of
Legal Institutionalization.

UNIT IV
SOCIOLOGY OF LAW IN THE MODERN AGE
20 – March
Influence of Positivism in the development of Legal theory.
to the 100% PowerPoint
Analytical Positivism or analytical jurisprudence. Legal
27 – March
finalism. R. Vo Ihering. The Jurisprudence of interests.
Tübingen School. Kelsen's Pure Theory of Law

UNIT V
SOCIOLOGICAL THEORIES OF LAW .
01 – April
to the 505050% Video – Graph paper - Markers
Law as a group conviction. Ehrlich. History and Law.
08 – March
Gierke. Realistic Legal Solidarity. Duguit. Theory of the
Institution. Hauriu. Legal pluralism.

10 – April SECOND PARTIAL ORAL EXAM

UNIT V
CONTINUATION
15 – April
Gurvich. Rationality and law. M. Weber. Function and
to the
right. Functionalism and law. North American 500% PowerPoint
22 - April
functionalism. Pearson. Sociological Theory of Conflict.
Behavioral phenomenology. Rationalism and law Recaséns
Siches.

UNIT VI
LEGAL PHENOMENA AND THE SOCIOLOGY OF
LAW.
24 – April
to the 50% Whiteboard and Markers
Facts, forms and legal relationships. Classification of legal
13 - May
phenomena. Legal systematics. Infralegal phenomena. Folk
law. Temporality of the legal system.

15 – May THIRD PARTIAL ORAL EXAM

 UNIT VI
20 – May
CONTINUATION
to the 50% Paper graphs and markers
The sociology of law as a theoretical science of reality.
29 - May
Social life and positive law.

UNIT VII
03 – June METHOD OF THE SOCIOLOGY OF LAW
to the
100% PowerPoint
12 - June General principles. Method and technique. Method and
Science.. Method and History. General rules of the
Method. Need for the Method.. the sociological
explanation. Sociological laws.

UNIT VIII
LEGAL METHODOLOGY.
17 – June
to the The Law Method. The sources of socio-legal knowledge. 100% Whiteboard and markers
19 – June Sources in the field of law. Source appropriation
techniques. Statistical sources. Economic documentary
sources. Method in Law. Grammatical method. dogmatic
method. Method of free interpretation. egological method.

24 – June FINAL EXAM DEFENSE OF JOBS

V. TEACHING METHODS:
 SALESIAN STYLE.
 COOPERATIVE LEARNING GROUPS
 INFORMATION AND COMMUNICATION TECHNOLOGY
 RESEARCH WORK INSIDE THE CLASSROOM
 RESEARCH WORK OUTSIDE THE CLASSROOM

EVALUATION METHODOLOGY

Three PARTIAL evaluations:

1st. Partial 25% - (5% Reading Control, 5% Classroom Work, 5% Practical Work and 15%
individual evaluation)

2nd. Partial 25% - (5% Reading Control, 5% Classroom Work, 5% Practical Work and 15%
individual evaluation)

3rd. Partial 25% - (5% Reading Control, 5% Classroom Work, 5% Practical Work and 15%
individual evaluation)

Ev. Final 25% - Individual evaluation

 TOTAL 100%

BIBLIOGRAPHY

- BARRENECHEA ZAMBRANA, Ramiro: “SOCIOLOGY”, La Paz, 2000

- DURKHEIM, Emilio: “SOCIOLOGY AND PHILOSOPHY”, Ed. Kraft
Ltda., Bs.As. 1968.
- GREEN AND JOHNS: “INTRODUCTION TO SOCIOLOGY”, Ed. Labor,
Spain, 1969
- HUANCA AYAVIRI, Felix: “LEGAL POSITIVISM AND INTRODUCTION
TO THE SOCIOLOGICAL ANALYSIS OF LAW”, Ed. Law and Society,
2006.
- MARX, Carlos and others: “THE NATIONAL QUESTION AND THE
FORMATION OF STATES”, Ed. Astrea, Bs. As., 1980
- PEDRO R., DAVID: “LEGAL SOCIOLOGY”, Ed. Astrea, Bs. As., 1980
- RITZIER, George: “CONTEMPORARY SOCIOLOGICAL THEORY”, Ed.
McGraw/Interamericana de España, 1995.
- VILLARROEL CLAURE, Ramiro: “SOCIOLOGY OF LAW”, Ed. Youth,
La Paz, 1993.
- WEBER, Max: “ECONOMY AND SOCIETY: OUTLINE OF
COMPREHENSIVE SOCIOLOGY”, Economic Culture Fund, 1979.

TEACHING SIGNATURE. Vo.Bo. Career Director Vo.Bo. Academic secretary

CI 1145902.-Ch.
 UNIT I
GENERAL SOCIOLOGY.
1. The Founders of Sociology and Legal Thought.
Sociology is a science that develops with the establishment of industrial society, a
relationship between economy - society. Due to this sense of social development, the
methodical approach of the social sciences changes, which jumps from an abstract formal
field to social facts and whose science is sociology.
Treves (1998) defines the relationship between Law and Society: Law is a product of
society that must be taken from men of law to entrust it to technicians, industrial producers.
Modern society is an industrial structure arising from scientific progress.
1.1 Saint Simon (1760-1825).
Son of the French Revolution, he conceived the revolution as a class struggle between
nobility, bourgeoisie and the dispossessed, critical of the society of his time, committed to
social reform, establishing a methodical direction of social research based on a philosophy
of the history that discovers the basis of society as an organization of social strata, which
serves as the basis of the State, whether of the Feudal (community) or Industrial (societal)
type; develops the thesis that the social process goes through two organic stages and a
critical one, the first with a harmonious deployment of life with fair and balanced ideas that
organize social existence. Criticism arises with the convulsion of that system due to
contradictions and divergences, society collapses.
One measure to achieve a solution to the needs of the poorest is to replace the traditional
legal system with a new type of organization of industrious men, that is, producers
(businessmen and workers). Organize a new structure that would have the purpose of
organizing itself as an industry, replacing the political parliament made up of the three
chambers, made up of the best men who are called to fulfill the functions of great leaders of
humanity in the hands of the entire world.
1.2 Auguste Comte (1798-1857).
Comte considered it necessary to organize a philosophical system of a new spiritual and
intellectual State of man that would allow him to create the new industrial society. Comte is
based on the theories of Montesquieu. Condorcet and Saint Simon that allow him to build
his own theory on the "Law of Evolution of Humanity", and that defines it in three
fundamental stages of the development of society: The Theological Stage, (where the
explanation of things and events is made in reference to supernatural and invisible beings or
forces). The Metaphysical Stage (where civil authority and the State are strengthened
against spiritual power) by resorting to abstract entities. And finally, The Positive Stage
(where the laws of relationships between facts are established from observation in industrial
society.
1.3 Herbert Spencer (1820 - 1903).
It develops an empirical - positivist method based on the organism, social evolution
occurs through phenomena of the struggle for existence and the survival of the fittest.
Evolution is a universal phenomenon, it occurs in the inorganic, organic and superorganic
world (society. Life is born from the world and from it the organisms that are perfected,
culture is the highest manifestation of super organic specialization.
The process of evolution drives social development between societies or between social
groups; there is a balance in the form of a struggle for the existence and habitual activity of
society. The development of society begins in its most primitive phase, the tribe
consolidated by a kinship where social stability increases as kinship relations become more
defined and extensive, these ties make disjunction difficult, men leave this state to Through
war, forming the first inequalities in the social organism, this process is created and shapes
the political structure of military-type societies, the final heterogeneity of this evolutionary
process is the Industrial State.
The Legal System is a product of cultural evolution, with law being a cultural instrument
to guarantee freedom, since society exists for the good of its members. Spencer's extensive
work covers other topics related to the Sociology of Law such as the evolution of the
family, the legal situation of women and children, the evolution of property, and the
development of political institutions. The old conception considers the Law as what is
mandated first by the revelation of God and secondly by the Kings designated or
recognized by God.
 1.4 The Founders of the Sociology of Law.
The Sociology of Law implies that the subject of its study is Law and that it is treated as
sociological knowledge since the legal phenomenon is an expression of reality and that it is
learned methodically and materially by sociology, as a social fact Law is a form of
coexistence between men, it is a concrete form that crystallizes uses, customs and traditions
of the social structure.
Law and social behavior, Eugen Ehrlich (1862-1918) is one of the founders of the
Sociology of Law, he proposes his theory intermediate between Juris prudencia and pure
sociology. His theory systematizes the Law as it is manifested in judicial decisions, it is the
law of social behavior.
1.5 Emile Durkheim (1858 -1917).
Durkheim's approach is based on the fact that law is a social fact, where the contract is
not only an agreement of wills but is divided into the Legality of Contracts; The Quality of
Consent and its Validity; The Responsibility of the parties and the Limitations of the
parties. According to Durkheim's conception, social values are coercively applied rules that
encompass three specifications of Legal Axiology:
a) The problem of jurisprudence
b) The problem of sanction
c) The definition of the mandatory mandate of the standard.
In every society there is a disintegration or social anomie (no norm, absence of norms)
where criminality is reflected by the behavior of the individuals of a certain society where
this type of behavior is manifested.
1.6 León Petrazycki (1867-1931).
It introduces psychological theory to legal positivism and is one of the attempts achieved
in that conceptual line. Following an exposition by Sorokin in his book Contemporary
Sociological Theories, we can point out that its theoretical basis is based on the "attitude"
and "motivation" of man, whose "socialization" is the source of legal ideas. For this reason,
the unilateralism of legal dogmatics was undone to undertake the function of an empirical
science of Law, whose central point is that its reality is a psychological order based on the
factors of emotional attraction and repulsion.
The influence of Law on this human behavior is manifested in three ways:
a) In a defined motivation of man's behavior.
b) In their training through the repetition of the forms of conduct required by Law.
c) In physical coercion to follow the forms of conduct established by Law. Law is an
energy that sets human machinery in motion and controls its movements.
1.7 Axel Hagenstrom (1868 -1939).
He was a great promoter of the Scandinavian Sociology of Law and founder of the
famous Uppsala School. This theorist denies the possibility of the absolute nature of value
judgments and the rejection of all metaphysics.
 The Scandinavian legal movement at the beginning of the century constitutes realism,
rejecting natural law metaphysics and formalist positivism and presents the theory of law as
the result of a process of collective psychology. It starts from this approach by coming to
the conclusion that concepts that are not susceptible to empirical verification are arbitrary
creations that arise from the erroneous use of language, superstition, magical practices and
fantastic objectification. of feelings in contrast to the scientific knowledge of Law that is
achieved only by considering it as a "factum", that is, as an empirical reality, as a fact.
Positive Law is summarized in a set of rules that state bodies dictate to ensure certain
advantages to subjects: rules that, in turn, condition and define those state bodies. The
jurist, in his contact with social reality, has to insert himself in the "Constructive Legal
System" and will consider his contribution to legislation in the sense that the law must
ensure the maximum benefit to society.
1.8 Reoscoe Pound (1870 - 1964).
The most prominent spokesperson for the North American Sociological School of Law
and one of its theoretical foundations distinguishes between rationalism and empiricism.
Within the philosophical line of empiricism, he maintains that Law must be scientifically
apprehended by experimental methods, which is a factual category.
The task to be carried out is to study the legal order as "social engineering" and not
discuss the nature of Law: think about interests and demands rather than subjective law.
Pound considers Law as a useful instrument to improve, through conscious and intelligent
effort, the social and economic order.
 UNIT II
SOCIOLOGY OF LAW
1. General Sociology and Sociology of Law.
The emergence of the Sociology of Law is recent; Its scientific profile as an autonomous
discipline was outlined at the beginning of this century through the titles of the works of
Carlo Nardi-Greco and Eugen Ehrlich, with the names of Legal Sociology and Sociology of
Law respectively.
This socio-legal discipline gains a place among the sciences of society from the moment a
sociological definition of the legal norm is admitted:
a) Law as a Social Rule.
b) The science of society
c) Sociology and Law
d) Sociology of Law.
2. Sociology of Law and Legal Dogmatics.
The science of law or legal dogmatics studies the law established by the legislator "here"
and "now" analyzes it as the current normative element without investigating its supposed
foundations. It studies the rules of law in their virtuality to explain the special content of a
given legal order.
3. Legal Sociology and Philosophy of Law.
The sociology of law arises, therefore, as an autonomous detachment from the philosophy
of law and that defines for legal philosophy the knowledge of what the law should be and
that defines for legal philosophy the knowledge of what the law should be and for the
sociology of law the factuality of the legal order. Legal philosophy has as its field of action
a priori and purely rational speculation of law.
4. Differentiation and Correlation of the Sociology of Law with other Legal
Disciplines.
a) With the History of Law.
b) With Legal Ethnology.
c) With Legal Anthropology.
5. Legal Axiology and Social Reality.
The sociology of law is connected with legal science, given that both disciplines study the
same object, that is, the current legal system of a society. However, the methodological
perspective is different, since legal science apprehends Law as a phenomenon given once
and for all. Legal sociology, on the other hand, studies law as a phenomenon of social
relationship and interrelation.
6. Social Nature of Legal Facts.
Law is a social phenomenon but it also constitutes the armor of society. With certainty we
can affirm accordingly with what has been said that what defines a social group is not its
religion or its customs, but its law. The role of the sociology of law is to understand the
study of the legal phenomenon in society from a specific point of view:
a) The Legal Phenomenon as a Social Fact.
b) Law as Social Coercion.
c) Social Coercion and Legal Consciousness.
7. Concepts and Definitions of the Sociology of Law.
The Sociology of Law is that part of the sociology of the human spirit that studies the full
reality of law starting with its tangible and externally observable expressions in effective
collective behaviors and in the material base.
 UNIT III
SOCIAL DEVELOPMENT OF LAW
1. Culture, Community and Law.
It is an axiomatic principle of sociological science that "there is no people without
culture." In humanity, differences can be made between peoples with reference to the
direction, peculiarities and level of their sociocultural process, and that is why we can
affirm, with Dittmer (1975), that even among primitive peoples who are at the lowest
cultural level and highly civilized peoples, there are only differences of degree and never of
essence.
Among these manifestations of human production, the economic function stands out,
which, due to its primary nature, constitutes the social base par excellence. The primitive
human group or "natural community entity" is the hypothesis of the collective (temporary)
appropriation of the land and its use, that is, the realization of acts and thoughts for the
objective of survival; This original collectivity (community of blood, language, customs,
traditions, uses) is the first assumption of the appropriation of the objective conditions of
their life and of their self-reproduction and objectification.
Custom and Archaic Law is an exclusively social formation and for this reason it assumes
the human community. Law therefore supposes social groups even if they are not organized
by close ties, since never in history has there existed a completely disorganized community.
Law is custom backed by coercive obligation.
2. Normative Syncretism of Primitive Society.
The weighing of the fair and the unfair of the collective conscience; primitive man does
not escape that assessment. Although this ideal is written as a codified law in modern
society, it is also true that in archaic societies it is found in a diffuse state, immersed in
indifferent institutions.
In these archaic societies, certain crimes are considered sins because they constitute
offenses against the invisible powers that animate the outside world and attract punishment
regardless of any human intervention. This religious element that permeates the regulations
gives it a formalist characteristic. The Law is at the same time, religion, sacred text and set
of rites, in short it becomes a magical interdiction.
For example, the mythical character of Manu, to whom Vedic mythology attributes
having been born from the head of Brahma and whose famous code that regulates the Caste
system prevailing today in India that legislates a complete range of legal, moral,
administrative and economic.
3. Legality in Primitive Society.
The lack of abstract aptitude in the mentality of primitive man led him to explain the
world through plastic images that were recorded in the mnemonic repository of oral
tradition. They were material acts, words, symbols and conventions that physiognomized
the obligatory customs, the imperative behaviors of society; It was enough to practice one
of those acts to give rise to a legal relationship.
 Therefore, the moral and legal phenomenon will be recognized by the presence of the
notion of good and evil, previously defined and always sanctioned: what they say is moral
is moral; what they say is Law is Law; and what they say is good is good.
Law as social control is when the differentiation of social regulations occurs, expressed as
"social control through the systematic application of force, that is, in an institutionalization
of custom as regulated uniformity where a social norm is legal if its infringement or non-
compliance provokes the application - as it threatens or actually threatens the physical force
of the individual or a group that possesses the socially recognized privilege of said
application.
4. Primary Forms of Legal Institutionalization.
From the point of view of sociology, laws are a product of culture that expresses the way
in which society organizes its coercive force to avoid, correct, and punish violations of
prescribed norms.
In the area of primitive law, the law is not legislated, the law is immersed in the set of
customs, but its existence implies an institutionality where men resort to define disputes
and differences "ubi ius iudex." These are unwritten customs that will remain in force in the
conscience and memory of the tribe through oral tradition as responsibility, effective
authority and the application of Customary Law that will give rise to:
a) To primitive legal praxis.
b) To the law and legal behavior in archaic society.
5. Primitive Legal Procedures.
Legal norms are part of culture, they are patterns of behavior in which people frame their
behavior to organize their lives in lines of reference that give them certainty about their
rights and obligations and about the behavior of their fellow human beings. This entire
legal process takes place within the scope of culture, which in turn generates precepts and
postulates that are elementary functions of Law as a normative support for society.
a) Establish what is allowed and what is prohibited.
b) Support the power vested in a personal or collective authority.
c) Restore social harmony.
d) Redefine the relationships between subjects and social groups.
6. The Archaic Legal System.
Entering the field of procedural institutionalization in primitive society, we have that, as
in modern Law, infractions and disputes are the most fruitful sources of legal praxis
"infraction is the mother of the law, as necessity is the mother of ingenuity"; Precisely
because there is an infringement, the Law exists to control the antagonism of interests and
ensure that it does not degenerate into an open struggle.
The Law comes into action when there is a conflict of interest. The Law proves when
there is "Pending Iitis." Other testing procedures that emerge when primitive man cannot
reach the facts through direct procedures are of a supernatural order, for example:
a) Divination.
 b) The Conditional Anathema.
c) c) The Ordeal.
d) The oath.
Retribution, revenge or composition is also manifested in these archaic societies:
a) The Principle of Remuneration.
b) The Institution of Revenge.
c) Composition or Compensation.
8. Principle of Talion.
Talion is a law widely spread in the customary law of archaic peoples. The meaning of
social practice of Thallium and its validity in archaic societies, seems to be a procedure
designed to limit the disproportionate revenge that counter-revenge generates and replace it
with a compensatory means that is proportional revenge, which induces an element of
equality. rational and an outline of criteria of justice.
We have an example of this institution: "when men fight and injure a pregnant woman
and she miscarries but does not die, the guilty party will be punished according to what the
woman's husband imposes and the judges decide; but if there is death, then he will pay life
for life, an eye for an eye, a tooth for a tooth, a blow for a blow" (Exodus). This biblical
precept clearly highlights that Thallium is a remunerated principle whose purpose is not to
prevent crimes, but to compensate offenses.
9. The Sanction and Penalty.
The sanction is linked to responsibility insofar as it consists of the obligation to repair and
satisfy the loss caused by the inferred evil or the original damage. The consequence of
unfulfilled responsibility is the sanction, which is like the coercive arm of the obligation to
repair. The sanction in this sense will guarantee the execution or omission of an act
intended to carry out the obligation or make the person responsible liable for punishment.
Basically the sanctions are ordered according to their formal or material expression:
a) Formal Sanctions. (In repressive or criminal sanctions; in remunerative or
rewarding sanctions).
b) Material Sanctions. (in mystical sanction; in legal sanction; in ethical sanction or
in moral sanction; in satirical sanction).
 UNIT IV
SOCIOLOGY OF LAW IN THE MODERN AGE
1. Influence of Positivism on the Development of Legal Theory.
We understand Positivism to be the line of philosophical thought that defines knowledge
as expression or result of expression. However; as Science is the cognitive branch that
bases its fundamental contents on the management of empirical data that are translated into
systems and theories.
Positivism, as the antithesis of metaphysical conceptualism, confines itself to the data of
experience, moves away from the lofty heights of the spirit and descends to the empirical
reality of facts. This new conception of the world: analytical, philosophical and sociological
at the same time, is the product of an entire historical thought process and was preceded by
a scientific preparation that served as a methodical basis such as: Positivist Empiricism;
Social Causality and Positivism and Law.
2. Analytical Positivism or Analytical Jurisprudence.
Analytical positivism or analytical jurisprudence deals with the study and interpretation
of legal norms, which are dictated and imposed by the State. It defines law as an imperative
mandate of public power and the law is an act of will of the sovereign. It is aimed at
specifying the general concepts of Law through the classification of positive legal rules.
2.1 The Analytical School of J. Austin (1790 - 1859)
He conducted his theory by establishing a sharp differentiation between Law and Ethics;
He conceptualized the science of Law as an autonomous and independent discipline of
Positive Law. He also considered that legislation was a manifestation that served as a
parameter to measure the positive or negative assessment of the principles on which
Positive Law was based.
In Austin's theoretical perspective, the sovereign elaborates and imposes positive law, this
is established by a person or sovereign body for the individuals or members of the political
society (Congress) over which the sovereign or supreme social power prevails. . Laws are a
mandate, but not all mandates are laws. General and universal laws, an occasional or
particular mandate is not law.
2.2 Social Regulation, Law and Public Power.
This School starts, therefore, from the concept "Elaborated Law" and strives to analyze
and systematize it. Analytical jurisprudence delves into the labyrinth of semantics to define
forensic terms, such as Subjective Law, duty, obligation, responsibility, damage, injury.
This school also marks the difference between written Law and unwritten Law, between
Law in the formal sense and the meaning of concepts such as mandate, superiority,
sovereignty.
This school is obsessed with classification, whoever can properly classify the Law will be
a knowledgeable scholar in the theoretical field as well as in legal practice.
3. Legal Finalism R. Van Ihering (1818 -1892)
This author considers that the foundation of Law is not a logical idea, but an idea of force,
hence he wrote, that justice, which holds in one hand the scale where the Law is weighed,
holds in the other the sword that serves to do so. cash. He maintains that Law without force
is an empty man, it is impotence, and that the sword without the scale is brute force.
For this school, a legal norm is that provision that entails state coercion, the coercion
exercised by the State, the State is the sovereign holder of this coercion.
3.1 Mandate and Standard.
In this theory it is clearly established that not all imperative mandates of the State are
legal norms. Concrete imperatives must be distinguished from abstract imperatives and it is
the latter that have the status of law. Orders or mandates are not legal norms precisely
because they are singular, the law to be such, the law has to be general, uniform and equal.
3.2 State Power and Law.
Law is an action of state power directed towards an end, that purpose is the soul of the
Law whose objective is: to consecrate, through the legal system, the security of common
life, according to the principle of social utility that reconditions individual interests. of the
social purposes of Law, a relationship that involves the double meaning of Law, objective
and subjective.
4. The Jurisprudence of Interests - Tübingen School.
This school proposes the ultimate goal and essential meaning of all legislation, which
consists of adequately regulating interhuman relations. He rejects general concepts as the
basis of legal norms and maintains on the contrary that such a basis must be analysis of the
different interests at play or in conflict in legal problems. Therefore, for this school, Law is
essentially a regulatory complex that represents values.
5. The Pure Theory of Law - Hans Kelsen (1881 - 1973)
Kelsen uses a purely legal method as a starting point to reach the conclusion that his
object of knowledge (The State) is nothing more than Law. Below we enter into a tight
summary of Kelsen's legal theory, mentioning its most important aspects:
a) Fundamental Assumptions: Kelsen does not constitute a general systematization
of Law, but rather a theory of Positive Law that seeks only and exclusively its object, about
what Law is and how it is, but not about how it should be or how it should be created. It is
the science of law and not the politics of law.
b) The Purity of the Method: Law is an object that belongs to the normative world;
For this reason, the science of Law must be constituted as an exclusively legal discipline.
The legal-normative essence of Law is its form and not its content. Law is Law and nothing
else.
c) "Be" and "Should Be": Constitutes two categories 1) The world of being as a
category that equally encompasses the factual and the physical. 2) The world of what ought
to be, governed by its own logical system that includes the scope of regulative meanings, to
which Law belongs. Normative disciplines that express prescriptive rules of a specific
behavior, of a "ought to be."
d) Identity between State and Law: Which is the expression of the will of the
State. The State subject is a legal personality created by Law, whose will, whose normative
will can be imputed by virtue of the legal norm that implicitly or explicitly involves the
imposition of a sanction for non-compliance. If the State is a normative system, it cannot be
other than the positive legal order, since it is impossible to admit alongside it the validity of
any other order.
e) Fundamental Norm and State Sovereignty: It is a characteristic of the power of
the State, that is, of the legal order, sovereignty is a quality of this that assumes it is valid
and current. In a supreme order above which there is no other superior.
The fundamental norm represents, as a common source, the link between all the various
norms that make up a certain order. The fundamental norm is a legal order is the supreme
rule according to which the precepts of such order are established and annulled, that is, they
acquire and lose their validity.
f) The Hierarchy of Norms: The dynamic nature of the regulatory system regulates
its own creation because a legal norm determines the way in which it is created. This link
between creative norm and created norm establishes the nexus of supra and subordination.
The creative norm is superior to the created one; this relationship determines the normative
hierarchy.
6. Sociological Positivism.
Sociological positivism focuses its object of knowledge through the study and description
of the concurrent social forces that influence the development of Law. Its starting point is
not the analysis of legal rules but the factors that produce them, that is, the positive norm
developed or issued by the bodies that create the Law, investigating its sociological order.
6.1 Social Struggle, Supremacy and Power - Luis Gumplowiez (1838 - 1909).
He elaborates his doctrine as a positive interpretation of the law that he considers
essentially an exercise of State power. He begins his thesis by supporting the idea that
social relations are unique facts and different from other phenomena, because they
correspond to a specific category: Humanity. He elaborates his doctrine as a
a) Struggle of Races and Law: in this confrontation, the strongest race subjugates the
weakest and organizes a stabilizing and perpetual power to consolidate its dominance. Only
the State has decisive influence on the destinies of people in the history of the world. The
Law is one of the instruments to achieve that objective.
b) State Power and Law: Law is universal, the opposite of freedom and equality and it
has to be serious that way naturally. Law is the dominion of the strong and the few over the
weak and many and as such, it is necessarily an expression of inequality and social
differentiation.
6.2 Legal Relativism - Gustav Radbruch (1878 - 1949)
This author maintains two fundamental ideas: methodological dualism (difference
between "is" and "ought") and the axiom that values cannot be proven but only manifested
(relativism).
Radbruch raises the need for a functional and sociological legal science in opposition to
formalist analysis. This approach defines as a recipient of two realities: nature that is blind
to values, and that systematizes natural scientific thought; and the kingdom of values,
whose estimative summit is Religion as the supreme affirmation of what is a
transpersonalized community.
Law is only a phenomenon of culture (cultural axiology) and a fact related to value. Law
is an attempt to realize the idea of justice, but an attempt that can be achieved or failed. The
Law may be unjust, but it is the law insofar as its content is fair.
Law is a set of general regulations for human life in common; Like the normativity of
society, the law cannot be abandoned to the diversities of opinion of the subjects, since
above all it has to be a precept, an order.
6.3 Sociological Jurisprudence - Roscoe Pound (1840 - 1924).
Sociological jurisprudence is justified by its pragmatism leading to valuing theories as
useful instruments in line with their results. From there he projects his eminently
sociological methodology to link law with other social phenomena through aphoristic-
doctrinal formulations that are offered as rules of theoretical foundation.
Such are, for example: that laws and judgments have consequences on social life; that the
transformations of society determine the evolution of law; that the effectiveness of legal
rules depends on the degree of support they find in public opinion.
The merit of this school is to have inserted law into the general sociological category of
Social Control. Pound configures Law as a set of rules of social control superior in
hierarchy to other types of control because it is the main and most perfect.
Jurisprudence, for Pound, is a science of social engineering that deals with that part of the
field of human affairs in which results can be achieved through the ordering of human
relations by the action of organized political society. This school takes Law as an
instrument for the realization of social purposes: In this sense, law is a means to improve
the social order, whose goal is to elevate human faculties to their maximum expression and
the supreme control of nature.
 UNIT V
SOCIOLOGICAL THEORIES OF LAW.
It emerged as a positive philosophy of social facts with Auguste Comte. This
consequence of man as a political animal arises and develops in Greco-Latin antiquity
through the sophisticated elaboration, the work of Plato and Aristotle, a dialectical
environment where the connections that choose politics with law are confronted and whose
doctrinal theoretical result It is the social science that marks the course of sociological
knowledge that culminates with scientific quality in the 19th century.
Modernity and the separation of Law and the State are marked by Nicolás Machiavelli
and Law becomes an autonomous object of knowledge, theorizing justice so as not to lose
its ontological condition, which is to be a normative element of interhuman relations. The
following are precursor movements in the development of the sociology of law: the
elaboration of Montesquieu; The school of Natural Law; The school of German
Romanticism and the school of English Utilitarianism.
1. The School of Natural Law.
In the Middle Ages, the church with its dogmas predominated in the actions of human
beings. Knowledge was the word of God, against this system Protestantism emerged in the
16th century, there were two predominant reasons for not agreeing with Catholicism.
Enervate the spiritual order of Catholicism, and another directed at the earthly and
privileged existence of feudalism.
1.1 Rationalism and Law.
Reason predominates because it characterizes Protestant theology as well as the theorists
of natural law. Natural law says that man is a free and independent being with the capacity
to agree and establish relationships with other men through the rights granted by God to
man, which are inalienable and natural. So we can say that this statement could not occur in
feudalism due to its characteristics (totalitarianism) in the spiritual sense.
1.2 Grotius, Hobbes, Rosseau. (1959 -857)
This theory of natural law is no less erroneous than useless and dangerous, especially for
public law. For example, Hugo Grotius states that natural law exists at any time. This
author is forced to separate the science of law from theology. For his part, Hobbes indicates
that man is a selfish and evil being and that the state of nature is a war of all against all.
And finally Rosseau says that at this stage it is a period of total happiness.
1.3 Locke and Montesquieu. (1632 -1704)
He theorizes to avoid autocracy and despotism based on the premise of a natural state of
man that is one of perfect freedom and equality. Natural Law that also makes it independent
of the authority or will of another and establishes that social coexistence is defined by
respect for the life, health, freedom and property of others. Man enjoys all the rights and
privileges of the law of nature and possesses not only the power to preserve his property,
his life, liberty and property, but also to judge and punish others for infractions of said law.
1.4 The Power of Community.
 Locke, unlike Hobbes, maintained that the principals did not hand power over to the
sovereign, but to the community. And the community is persistent, the government is
perishable, the political community will be able to choose between three Aristotelian
options: Monarchy, Oligarchy or Democracy, or combine such forms at convenience in
Locke's concept, the best political form is the limited constitutional monarchy, where He is
the great theorist of the legal limitation of public power: the State cannot exercise absolute
power over individuals.
1.5 Montesquieu's Legal Sociology. (1689 -1755)
Describes the interdependence that exists between law and social life. The nature of
human laws is subject to all accidents and to vary as the will of men changes, which would
mean that Montesquieu would be one of the founders of the Sociology of Law.
The core of Montesquian theory is to establish a parallel between civil and political
freedom and the factors of the natural environment, race and economic, social and religious
customs. The substance of this doctrine is, on the one hand, human value as the essence of
freedom, from which political laws emerge; and on the other hand the theory of the division
of powers, a system of political organization that guarantees freedom from tyranny. It was,
therefore, about cleaning up the absolute power of the state by separating the executive,
legislative and judicial powers.
1.6 Law and General Will.
The concept of law, its legitimacy is born from the general will and therefore its
generality is based on the fact that it is a mandate from the people for all the people; laws
for everyone because it is an act of sovereignty that obligates or favors everyone equally.
All in all, it must be said that Rousseau's inspiration left its mark on the constitutional
structure of the modern age where the protection of natural rights is the driving force of the
legislature, with the exception that the Democracy proposed by Rosseau is a direct, pure
Democracy, in which the people are the supreme legislator.
1.7 The Historical School of Law.
Legal romanticism, more than a theory, is a way of being: the state is deified with Hegel,
the positive philosophy of Comte states that all phenomena obey scientific laws, property
stumbles with Proudhon who attacks individual rights, Marx uses dialectics materialist as a
revolutionary lever to transform the bourgeois world into socialist. Darwin demonstrates
the principle of evolution in the human species as a result of natural selection of the fittest.
Freudian Psychology is even introduced into dreams, verifying the formation of character
as an effect of the subconscious. Science has taken hold of the origins and ends of the
visible and invisible world, of the intimate self and destiny.
2. Utilitarianism. (1748 -1832)
Law is a legal complex of mandates provided by the sovereign power of the state through
its legislated body. The principle of utility or utilitarianism is that principle that approves or
disapproves of any action according to the tendency that seems to tend to increase or
decrease the happiness of the party whose interest is involved in that action.
Utility is an individual interest aimed at increasing the stock of happiness; society, for its
part, has the specific function of increasing the happiness of the individuals that make it up.
 3. Utilitarianism and Law.
To realize these aspirations for individual and social pleasure, the law must take into
account that the measure of the just and the unjust is the greatest happiness for the greatest
number, since the interest of the community is nothing more than the addition of the
interests of the members that compose it.
The law must respond to the requirements of providing subsistence, aspiring to
abundance, promoting equality and maintaining security through which the rights of
people, honor, property and status of a man. Bentham contributes to the sociology of law on
the study of judicial organization, Professionalization of judges on the role of lawyers,
attorneys, jurors and on the judicial test of prison reform.
UNIT VI

LEGAL PHENOMENA AND THE SOCIOLOGY OF LAW

1. FACTS, FORMS AND LEGAL RELATIONSHIPS

Law corresponds to the area of social facts. Sociology and law is a socio-legal
discipline that aims to determine, describe and explain the social factors behind the legal
rules and value judgments that are decisive and causal regarding the birth, existence,
disappearance of legal institutions.

The formal categories of law are almost always intermingled within social relations,
on the other hand, legal figures are characterized by being clear and transparent and: the
law, the sentence, the act. The Sociology of Law has an immense field of inspiration and
development as a science and to enter into the legal origin it extracts its laws and
apprehends it methodologically.

2. CLASSIFICATION OF LEGAL PHENOMENA

They are classified into:

a) Primary and Secondary Legal Phenomena.

b) Power Phenomena and Low Power Phenomena.
c) Phenomena – Institution and Phenomena – Case.

3. LEGAL SYSTEMATICS

It is the set of rules that make up the current legal system, despite its diverse origin
and its different value hierarchy, it constitutes a unitary and connected whole, it is related
through levels of coordination and dependency, in essence the entire system of law. It has a
different and more lasting existence than that of its constituent parts, such as:

a) It is staggering of the Legal System

b) The Structure of the Legal Order
c) The Legal Space
d) Legal Pluralism

4. INFRAJURIDICAL PHENOMENA

They remain in the population, it is the process of infralegal, crude and elaborate,
rudimentary and barbaric subcultures, commonly enclosed in a reduced and popular
environment.

5. FOLKLORE LAW
 It is essentially an unwritten tradition that is transmitted from generation to
generation within the people, it is a special branch of the science of folklore, whose
objective is the study of ancient Law that survives in the popular spirit. Folkloric law
represents the survival of ancestral legal customs that have been overcome by social
relations.

6. TEMPORALITY OF THE LEGAL SYSTEM

Law is a social phenomenon in evolution. However, there is a conservative position

that is based on two fundamental factors: The survival of Roman Law until our time and the
Survival of the Doctrine of natural law. Thus the law must adapt to the changes that society
undergoes over time.

7. CONSERVATIVE NATURE OF THE LAW

History never stops, its pace of development is uneven and discontinuous. This
synchronic gap emerges from the axiological concept that assigns to law a dual and
essential character that is the realization of justice. Law lacks the dialectical capacity to
quickly adapt to the demands of humanity that seeks more perfect ideals.

8. LAW AND JUSTICE

In order to the general dynamics of society to the transience of historical life and in
its own space and time, the realization of the ideal of justice is precarious for law.
However, the legal system is, in some way, an order that surrounds society and its historical
course to enclose it within the framework of its regulations.

If society as a whole is weak to the internal tensions that overwhelm it and force it to
incessant evolution, the Law is the only social institution that establishes relationships
through legal security, as if it were the simile of an immense dam. that encloses the
influential life and orders and directs its course. For the Law consists of a logically ordered,
articulated and coherent set of rigid formulas that, aiming to achieve justice in society,
guide the conduct of men subject to it as individuals through the alternative of sanctions
whose effectiveness rests on the organization of the society. power structure carried out by
law itself.

9. THE LEGAL SYSTEM AS A LEGAL PHENOMENON

The legal system, as we have seen, is a very broad framework in whose

surroundings various types of legal relations are produced, but, like any integrative
phenomenon, the legal system is also a legal object in itself, and as such a living law that
must be singularize in space and time.

10. SOCIOLOGICAL ESSENCE OF LEGAL VALUES

 The set of the social and the individual in their dialectical interaction, exposes the
concurrence of various factors: economic, political, ethnic, social, ideological that are
reflected in the system of law determining the acceptance, experience or rejection of legal
values by the social whole.

It is the object of sociological knowledge to learn the axiological universe that

conforms the assessment that different groups in society have regarding the legal system in
which they act, both in its acceptance and rejection and the underlying interests in that
behavior. It is a regulatory system imposed on society and which it accepts and abides by
because it is at the same time a system of values.

UNIT VII

METHOD OF THE SOCIOLOGY OF LAW

By legal method we understand the sum of logical procedures for the investigation
of the causes and purposes of law. Legal methodology brings us closer to the knowledge
and interpretation of the sources of law, to the anatomy of its positive and technical
structure and to the apprehension of its essential principles. The results of scientific
research into law through the appropriate methodology will allow its fundamental
categories to be exposed and projected as basic principles of social coexistence.

1. METHOD AND TECHNIQUE

 The method is research with a predetermined plan and with certain rules suitable for
leading to the proposed end; More than knowledge itself, the method is the path to
knowledge and reaches its maturity in scientific and philosophical knowledge and
Technique is the human art in that it allows acting on nature, to dominate it, modify it and
in any case, to make it serve. for the purposes of well-being and social improvement.

The scientific method is based on experimental techniques, logical operations and

rational imagination. It is carried out through successive approaches, it is confirmed in
praxis and it is outlined in the combination of comprehensive reflection and direct contact
with reality, therefore, the scientific method includes all the procedures used in the
acquisition. and elaboration of knowledge.

2. THE GENERAL RULES OF THE METHOD

Sociological research in general and legal research in particular, must be subject to

its scientific rigor, to a certain methodological normativity free of prejudices and
subjectivism, for which it is important to search in the object of our study, not what others
have thought, nor what we ourselves suppose, but what we can see clearly with the
evidence or deduce in a certain way, this is the path to reach science.

The research is subject to rules or methodological standards that are the following:

a) Concrete Rules
b) Rules of Conscious Ignorance
c) Rules of Objectivity.
d) Rule of determination of Facts.
e) Rule of Bound Totality.

Social phenomena can be isolated singularly or by categories for study for

methodical convenience, but all of them are in permanent Inter. influence on the living
crucible of the social process. Sociological knowledge is always a study of the
phenomenological totality, because each facet of social life is fatally linked to another in a
dialectical and progressive causation. Social phenomena are total phenomena.
UNIT VIII

LEGAL METHODOLOGY

The traditional methods of social disciplines have served to develop and found
science and legal systems. Even those a priori postulations of legal reasoning. At the
moment of the historical change they became mere ideal speculations to found the
structural principle of the modern systematics of law, based on those illusory lucubrations
made reality that are freedom and equality before the law.

1. THE SOURCES OF SOCIAL LEGAL KNOWLEDGE

In its literal meaning, “Source” means origin or cause of the flow that flows from it.
It also means manifestation or exteriorization of a phenomenon emanating from the
recesses of a primary cause. In effect, along with the existence of the cases that have
occurred, the legal interests (parties and judge) support their claims and the solution of their
differences in the existence of a source: law, jurisprudence, custom or doctrine, that is,
invocation of authority. causal that would give meaning to the case, with the following
sources:

a) Legal Sources
b) Sources as social facts
c) Legal Source and Social Reality
d) Sources of Monographic or Qualitative Surveys
e) Statistical Sources
f) Documentary sources

2. THE SCIENTIFIC METHOD IN LAW

The scientific method in Law is a topic of the General Theory of Law and is aimed
at knowing the “DATA” of the legal matter that is a fabric of rules. The rules are influenced
or deduced, given that they are relations and not phenomena, and that is why they are not
perceived.

Law as a social phenomenon coexists with other realities of the super-organic world
that are neighbors and that to some extent give it meaning; It is an ontological reality that
has and needs its own methodical universe to apprehend its essence, a need that takes it
beyond dogmatics and makes it penetrate the domains of philosophy. And for this we have
the following methods:

a) Grammar Method:
b) Exegetical Method
c) Dogmatic Method
d) Method of Free Interpretation
e) Ecological Method.

PRACTICE 1
TOPIC 1

Find the meaning of the following words:

SOCIETY.-

SOCIOLOGY.-

SCIENCE.-
RIGHT.-

SOCIAL SCIENCE.-

LEGAL SOCIOLOGY.-

POSITIVISM.-

PRACTICE 2
TOPIC 2
SEARCH THE SOCIOLOGICAL THOUGHT OF THE FOLLOWING AUTHORS

AUGUSTO COMTE:

EMILIO DURKHEIM:

MAX WEBER:

VIILFREDO PARETO:
TALCOTT PARSONS:

ROBERT K. MERTON:

CHARLES MARX:

PRACTICE 3
THEME 3
READING CONTROL

TOPIC FOR FURTHER READING

CURRENT REALITY AT THE LEGISLATIVE LEGAL LEVEL

1. What origin does the conservative and dominant legal current have in Latin
America and what opinion do you have about its application in our society at a
legal-social level.
 2. Where and under what circumstances the social Revolution emerged. Do you
consider that this new uncodified legal norm has a strong influence on our
society and why?

3. In your opinion, does the conservative system of law and the new social system
deserve to be recognized by our legislation as absolute?

4. You consider that in our Bolivian society there is a rupture between society
and the university. Because.

5. How do you consider that these two legal currents could be balanced in current
legislation and in what way the Rights of the poor and the rich could be
defended equally.

PRACTICE 4
THEME 4
READING CONTROL

TOPIC FOR FURTHER READING

MISADJUSTMENT OF THE WRITTEN LAW DUE TO THE COURSE OF TIME

1. What is your opinion on the role of Law in the face of the innumerable
advances of society, science and technology.
2. What kind of changes
 3. Mention which are the relevant characters of the values.

4. What does the polarity of values consist of?

5. What type of values can man make his own in his personal fulfillment?

6. What value of all those mentioned in the text do you want to direct your life
from now on?

PRACTICE 5
TOPIC 5
SEARCH THE LEGAL SOCIOLOGICAL THOUGHT OF THE FOLLOWING AUTHORS.

SAINT SIMON:

HERBERT SPENCER:

LEON PETRAZYCKI:
AXEL HAGENSTROM:

REOSCOE POUND:

PRACTICE 6
TOPIC 6 :
Questionnaire to answer and debate in groups, after a previous reading, attached to
this in complementary readings

THE NEED FOR POLITICAL PARTNERSHIP

1. According to Aristotle: What is the foundation or origin of the State?

 2. What are the three forms of society according to Aristotle?

3. According to the reading carried out, the man is ........................................... .......

4. What has nature provided to man to achieve perfection?

5. What is justice according to this chapter?

PRACTICE 7
TOPIC 7

Investigate what the following Sociological Research Methods consist of.

INDUCTIVE METHOD:

DEDUCTIVE METHOD:

ANALYTICAL METHOD:

SYNTHETIC METHOD:

EXPERIMENTAL METHOD:

INTUITIVE METHOD:

LOGICAL METHOD:
GENETIC METHOD:

SUBJECTIVE METHOD:

METHOD OBJECTIVES:

MONOGRAPHIC METHOD:

HISTORICAL – COMPARATIVE METHOD:

STATISTICAL METHOD:

ETHNOGRAPHIC METHOD:

PRACTICE 8
TOPIC 8

Group division:

STAGE THE THOUGHT OF THE DIFFERENT REPRESENTATIVES OF SOCIOLOGICAL

THOUGHT
 GLOSSARY

AXIOLOGY.- Philosophy of values; term used to designate the branch of Philosophy that
studies the nature of values and evaluative judgments.
SOCIAL SCIENCE - Social sciences are those sciences or scientific disciplines that deal
with aspects of the behavior and activities of human beings, not studied in the natural
sciences . In social sciences, both the material and immaterial manifestations of societies
are examined.
SCIENCE - set of methods and techniques for the acquisition and organization of
knowledge about the structure of a set of objective facts accessible to several observers .
COERCIBILITY - means the possibility of the legitimate and legal use of force for
compliance with the law. It differs diametrically from coercion . It is the habitual use of
legitimate force that accompanies the law to make its obligations enforceable and its
precepts effective.
 CULTURE - is the set of all forms of life and expressions of a given society. As such it
includes customs, practices, codes, norms and rules of the way of being, dressing, religion
, rituals , norms of behavior and belief systems.
POSITIVE LAW - is the set of laws written at a territorial level, which covers the entire
legal creation of the Legislator, both past and current, collected in the form of Law.
SUBJECTIVE RIGHT - is a capacity that a person has to do or not do something, or to
impel or prevent another from doing something. It is the power recognized by the person
by law that allows him to carry out certain acts, a power granted to people by legal norms
for the satisfaction of interests that deserve the protection of the Law.
LAW - is the normative and institutional order of human conduct in society inspired by
postulates of justice , whose basis is the existing social relations that determine its content
and character.
EQUITY - They have a connotation of justice and social equality with responsibility and
appreciation of individuality, reaching a balance between the two things, equity is fully fair.
HISTORY - is the science that has as its object of study the past of humanity and as its
method that of the social sciences .
INCOERCIBILITY.- This word means that its fulfillment must be carried out
spontaneously.
IRRETROACTIVITY - consists of the legal principle that rejects the retroactive effect of
laws.
LEGALITY - fundamental principle of public law according to which all exercise of
powers must be based on legal norms that determine a competent body and a set of
matters that fall under its jurisdiction.
LAW - is a legal rule dictated by the legislator . That is, a precept established by the
competent authority, in which something is ordered or prohibited in accordance with justice
, and for the good of those governed.
LOGIC .- Science that exposes the laws, modes and forms of scientific knowledge.
Which admits a certain uncertainty between the truth or falsity of its propositions, similar to
human reasoning.
MORAL .- Pertaining or relating to the actions or characters of people, from the point of
view of goodness or malice. That it does not belong to the field of the senses, because it
belongs to the appreciation of the understanding or conscience. That does not concern the
legal order, but the internal forum or human respect.
 STANDARD .- Rule that must be followed or to which behaviors, tasks, activities, etc.
must be adjusted. Legal precept.
PERSON.- Individual of the human species. Man or woman whose name is ignored or
omitted. Distinguished man or woman in public life. Man or woman of clothes, capacity,
disposition and prudence. Character who takes part in the action of a literary work. Subject
of law. Smart assumption. Organization of persons or persons and property to which the
law recognizes the unitary capacity to be subject to rights and obligations, such as
corporations, associations, societies and foundations.
RETROACTIVITY.- In Law , it is a possible effect of legal norms or acts that implies the
extension of their application to events that occurred prior to their promulgation.
ULTRACTIVITY - is predicated when validity is attributed to events that occurred after its
expiration or repeal.

BIBLIOGRAPHY .

- Bottomore, T.B. Introduction to sociology: history, science, society. 7th edition,

Barcelona - Spain, Ediciones Península, 1973.
- Green and Johns. Introduction to sociology. Barcelona - Spain, Editorial
Labor SA, 1969.
- Nordarse, José. Elements of Sociology. 14th edition, UNITED STATES OF
AMERICA, MINERVA BOOKS LTD, 1977.
-Treves, Renato. The sociology of law. Barcelona - Spain, Editorial Ariel, 1998.
- David, Pedro R. Legal sociology. Buenos Aires - Argentina, Editorial Astrea, 1980.
- Villarroel Claure, Ramiro. General Sociology. Cochabamba - Bolivia, Editorial Los
Amigos del Libro, 1985.
- Carbonier, Jean. Legal sociology. Madrid - Spain, Editorial Tecnos, sf
- Durkheim, Emile. the rules of the sociological method. Buenos Aires-Argentina,
Editorial Dédalo, 1975.
- sis.usalesiana.edu.bo./^jmiranda
- www.monografias.com
- www.usbjmiranda@hotmail.com
- www.usbjmiranda@latinmail.com
- www.usbjmiranda@hotmail.com