نوع مقاله : مقاله مروری
نویسنده
استادیار حقوق کیفری و جرمشناسی، دانشکده حقوق، علوم سیاسی و تاریخ، دانشگاه یزد، یزد، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Background and Aim: The prevailing assumption that law, as a normative and regulatory dimension of social relations, controls other aspects of social life has been significantly challenged by sociological theories of law. The theory of the Social Geometry of Law (or Pure Legal Theory), based on empirical evidence, offers a comprehensive approach to the dynamic mechanisms of the application of law. This theory posits that the law's application is deeply intertwined with its social structure and context, constantly varying and evolving according to specific temporal and spatial conditions.
Data and method: This research employs a documentary analysis of theoretical literature, specifically Donald Black's pure theory of law, and complementary empirical studies that have examined this theory. The analysis spans from the 1970s to the present decade, aiming to describe and analyze the development and shifts within this theoretical framework.
Findings: In line with the social geometry of law theory and supported by approximately 50 years of empirical research, various dimensions of social life—including morphology, stratification, culture, social organization, and social control—directly influence both the extent and the dynamic style of the application of law in legal cases. Consequently, legal mechanisms and their implementation are directly shaped by their social contexts.
Conclusion: Law is not merely a governmental social control or a set of formal norms. Instead, the extent and style of its application (i.e., the type of response) are determined by social actors involved as interveners, whose actions are profoundly influenced by the prevailing social context and structure. Therefore, as social contexts and structures transform, legal mechanisms and their application to cases also adapt and diversify. This implies that a key characteristic of law is its inherent relativity within the dynamic social geometry of each specific issue or event.
Key Message: Law is not the primary controller of social life. Instead, its enactment, application, and enforcement are profoundly influenced by the variable and diverse social context of each case. Actors within the justice system do not merely represent the law itself but act as representatives of the social context and structure within which the law is applied. Consequently, changes in social structures lead to variations and diversification in both the application of law and its underlying mechanisms.
کلیدواژهها [English]
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