Society and Law: Marx, Durheim and Weber
Emile Durkheim, Max Weber, Karl Marx have been deeply influential in developing the sociology of law. While many argue that their ideas build upon one another, others argue that the thoughts of Durkheim, Weber, and Marx simply repeat, in different words, many of the same theories. The Supreme Court Cases of Grutter v. Bollinger and Gratz v. Bollinger provide real-word examples of how Marx, Durheim and Weber saw the sociology of the law. Emile Durkheim, Max Weber, Karl Marx all had a profound influence on the development of the sociology of law, and their theories built upon the other in many ways. Durkheim, Weber, and Marx are known as classical sociological theorists who argued that specific structural conditions led to different types of law and unique legal systems. Weber looked at economic, ideological and poetical factors in trying to lead him to a multi-causal explanation (page 46). Marx never developed a sociology of law per se, although he does stand "with Durkheim and Weber as a giant in the analysis of society" (page 49). It can also be argued that the theorie
Despite the current trend to seeing Durkheim, Weber, and Marx as fathers of the same sociological view of the law, the three men did have greatly differing views of sociology and the importance of the individual. In contrast, Durkheim thought that society was a force in and of itself, and did not necessarily follow the will of the individual. In these cases, Durkheim and Marx would likely have argued for the will of society over that of the individual, and agreed with the Supreme Court in Grutter v. s of Durkheim, Weber, and Marx simply repeat, in different words, many of the theories developed by the others. In fact, the movement of many law schools away from the jurisprudence school of thought and toward a more sociological analysis often lumps Durkheim, Weber, and Marx together as "classical theorists" (page 6) of "sociologically-oriented approaches" to law (page 6). The decisions of the Supreme Court thus provide real-world examples of how Marx, Durkheim and Weber saw the sociology of the law. Essentially, the admission policy gave unrepresented racial groups, including Native Americans and Hispanics, and automatic 20-point bonus on the 150-point scale for admission. Unlike Durkheim, Weber was often critical of a sociological approach that saw society as real and concrete. Bollinger bring the conflict between personal opportunity and the betterment of society to a head. However, they did differ significantly on how the individual influenced society and the law. Bollinger upheld the right of the individual over the betterment of society (in terms of increasing minority admission at the University). Bollinger, provide interesting examples of how the Supreme Court's opinions illustrate the content of the first four chapters of Dragan Milovanovic's An Introduction to the Sociology of Law.
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