영국의 법사회학 －개념, 역사, 현황－

Abstract

This paper deals with the sociology of law in the UK, with reference to its concepts, history and present status. It is also hoped that the UK experience will be helpful in examining the sociology of law in Korea. Firstly, the term ‘sociology of law’ has been used to designate either ‘practical’ socio-legal studies or ‘theoretical’ sociology of law. The former is instrumental or policy-oriented in the sense that it aims to propose a legal reform for an appropriate social change while the latter is theoretical since it attempts to achieve a theoretical understanding of society. However, this distinction no longer exists and many scholars use these terms interchangeably. Secondly, the main feature of the sociology of law in the UK is that socio-legal studies have been mainly conducted by lawyers rather than sociologists and that empirical studies have been more actively conducted in comparison with purely theoretical researches. Also, another feature is that governmental funding has played an important role in developing the sociology of law in the UK. Thirdly, by examining research, education and other academic activities, it is possible to say that research on the sociology of law is being more actively conducted in the UK than in any other countries. In fact, it is said that the socio-legal studies in the UK is one of the two main legal methods together with doctrinal legal method. This UK experience provides a useful guide for Korea where the sociology of law has not been actively researched. In particular, attention should be paid to the efforts which have been made for the development of socio-legal studies, such as governmental assistance, the activities of socio-legal studies associations and educational programmes for socio-legal methodology.