Law and Society is an American movement, which was established after
the Second World War through the initiative mainly of sociologists who
had a vested interest in the study of law.[37] The rationale of the Law and Society movement is subtly summed up in two short sentences by Lawrence Friedman: "Law is a massive vital presence in the United States. It is too important to be left to lawyers".[38]
Its founders believed that the "study of law and legal institutions in
their social context could be constituted as a scholarly field
distinguished by its commitment to interdisciplinary dialogue and
multidisciplinary research methods".[39] The establishment of the Law and Society Association in 1964 and of the Law and society Review
in 1966 guaranteed continuity in the scholarly activities of the Law
and Society movement and allowed its members to influence legal
education and policy-making in the US.[40]
The main difference between the sociology of law and Law and Society is that the latter does not limit itself theoretically or methodologically to sociology and tries instead to accommodate insights from all social science disciplines.[41] "Not only does it provides a home for sociologists and social anthropologists and political scientists with an interest in law, it also tries to incorporate psychologists and economists who study law."[42]
During 1970s and 1980s a number of original empirical studies were conducted by Law and Society scholars on conflict and dispute resolution. In his early work, William Felstiner, for example, focused on alternative ways to solve conflicts (avoidance, mediation, litigation etc.). Together with Richard Abel and Austin Sarat, Felstiner developed the idea of a disputes pyramid and the formula "naming, blaming, claiming", which refers to different stages of conflict resolution and levels of the pyramid.[43]
The main difference between the sociology of law and Law and Society is that the latter does not limit itself theoretically or methodologically to sociology and tries instead to accommodate insights from all social science disciplines.[41] "Not only does it provides a home for sociologists and social anthropologists and political scientists with an interest in law, it also tries to incorporate psychologists and economists who study law."[42]
During 1970s and 1980s a number of original empirical studies were conducted by Law and Society scholars on conflict and dispute resolution. In his early work, William Felstiner, for example, focused on alternative ways to solve conflicts (avoidance, mediation, litigation etc.). Together with Richard Abel and Austin Sarat, Felstiner developed the idea of a disputes pyramid and the formula "naming, blaming, claiming", which refers to different stages of conflict resolution and levels of the pyramid.[43]
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