What is the social justice system

11. Law as a social fact

The right as a social fact is the subject of Legal sociology. This deals as the first and foremost descriptive science not with that prescriptive Content of norms, as do legal dogmatics, judges or lawyers, which embodied the question of what in a norm or a set of norms Should but with norms as empirical data, as part of social reality. Instead of the internal perspective of the user of the law or those subject to the law, which is normatively oriented towards what is required by the norm, legal sociology adopts an external or observer perspective: the question is about the actually existing and observed law as part of a social reality, about the actual role of norms In a certain society, how they come about, what content is given to them and the reasons why it changes.

For example, legal sociology explores the scope of legal norms and reveals related grievances, it shows whether norms fulfill their functions or only exist “on paper”, whether there is equal opportunity with regard to access to the institutions dealing with the law or parts of one Population cannot assert their rights, or whether there are alternative, unofficial conflict resolution mechanisms in society in addition to the official legal system of the state. Even if it differs from legal dogmatics in its approach and questions, the sociology of law, in that it contrasts the normative claim of law with the description of social reality, has an outstanding meaning and some influence on the legislature and jurisprudence. Repeat and deepen what you have learned in the lecture with the help of the following chapters!