The Judical Officer - Dec 07 - Joasa.org.za

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Introductory Introductory Introductory Concep Concepts Concep ts of the Sociology of Law: Human
Rights Rights MMade
M ade Easy asy
DJ DJ Steyn
Steyn
Additional Magistrate: Mthatha
1 1 1 INTRODUCTION
INTRODUCTION
“What interests [the university professor] in the law is the search for real justice ...
A difference today today, today
however, is that we tend to think of the law within the framework
of ‘social sciences’ - [the] relation [of the law] to political science, economics and
sociology sociology” sociology (David & Brierley 1985:41)(my emphasis).
Sociology of law implies a description description description description and understanding
understanding understanding
understanding of “Why does the law work
the way it does?” (Steyn 1997:11, 13).
The theoretic component of sociology of law, as a humanist humanist humanist humanist development development development strategy strategy, strategy
must be viewed as a triangle triangle triangle triangle with three interrelated sides:
(1) ETHICS OF LAW which can be linked to the Bill of [Human] Rights in
Chapter Two of the Constitution (Act 108 of 1996) of South Africa.
(2) SOCIOLOGY OF LAW per se which enables us to absorb the meaning of and
the conflict in the law in our consciousness.