UWAGI O ZALEŻNOŚCIACH MIĘDZY SOCJOLOGIĄ PRAWA A PRAWEM KARNYM
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Date
2009
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Wydział Prawa i Administracji UAM
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SOME REMARKS ON THE DEPENDENCES BETWEEN THE SOCIOLOGY OF LAW AND CRIMINAL LAW
Abstract
Based on a broad scope of research methods, the sociology of law answers the questions that arise
in the science of law, and which regard the general statements of legal systems, their structure,
effectiveness and the social function of norms, as well as the influence or the impact of law on the
functioning of a community life. Looking at that issue from the criminal law point of view, the analysis
of the data on criminality may be directed towards, inter alia, the assessment of the efficiency of law,
or it may, being no longer a characteristic of the very phenomenon of criminality, constitute an
indicator of the phenomena occurring in today’s world. Another subject o f a heated discussion among
criminal code theorists and sociologists is the issue of sanctions. The criminal concepts of law and
efficiency of punishment, or penal sanctions in general, have been strongly entangled in the
sociological, psychological, philosophical and theological concepts. The concurrence and complementarity
of the interests of the sociology of law and criminal law shows that the mutual openness
of both sides as well as their readiness to co- operate may contribute to the enhancement of their own
research programmes and consequently, positively influence the quality and efficiency of the
law-making process.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 71, 2009, z. 4, s. 245-256