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    For Jurisprudential Sociology

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    Radha Charpota
    1. The document critiques Charles Black's positivist approach to sociology of law and defends the Berkeley school's jurisprudential sociology. 2. The Berkeley school believes sociology of law must be jurisprudentially informed, have redeeming value for policy, and take legal ideas seriously. 3. Black is criticized for dogmatic positivism that ignores applied sociology and would lead to intellectual sterility, as well as for committing the same mistakes in his own studies that he aims to avoid.

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    For Jurisprudential Sociology

    Uploaded by

    Radha Charpota
    12 views6 pages
    1. The document critiques Charles Black's positivist approach to sociology of law and defends the Berkeley school's jurisprudential sociology. 2. The Berkeley school believes sociology of law must be jurisprudentially informed, have redeeming value for policy, and take legal ideas seriously. 3. Black is criticized for dogmatic positivism that ignores applied sociology and would lead to intellectual sterility, as well as for committing the same mistakes in his own studies that he aims to avoid.

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    1. The document critiques Charles Black's positivist approach to sociology of law and defends the Berkeley school's jurisprudential sociology. 2. The Berkeley school believes sociology of law must be jurisprudentially informed, have redeeming value for policy, and take legal ideas seriously. 3. Black is criticized for dogmatic positivism that ignores applied sociology and would lead to intellectual sterility, as well as for committing the same mistakes in his own studies that he aims to avoid.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    12 views6 pages

    For Jurisprudential Sociology

    Uploaded by

    Radha Charpota
    1. The document critiques Charles Black's positivist approach to sociology of law and defends the Berkeley school's jurisprudential sociology. 2. The Berkeley school believes sociology of law must be jurisprudentially informed, have redeeming value for policy, and take legal ideas seriously. 3. Black is criticized for dogmatic positivism that ignores applied sociology and would lead to intellectual sterility, as well as for committing the same mistakes in his own studies that he aims to avoid.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 6

    For Jurisprudential

    Sociology
    PHILIP NONET
    A Critique of Black’s Proposition

     Growth and Development of Berkeley School of Sociology of Law as


    New Programme
     A critique of Positivism in general and of Black’s variety in particular
     It coincides with the decline of positivist thought and a tendency to
    model social sciences in line with natural science
     Nonet defends Berkeley school of thought as well as his colleagues
    against Black’s attack
    Key Principles of Berkeley School of
    Thought

     1. Sociology of law must be jurisprudentially informed


     2. Sociology of law must have a redeeming value for policy
     3. Sociology of law must take legal ideas seriously
    Major Problems of Black’s Theory

     He recognizes Applied Sociology but refuses to acknowledge its


    importance in development of a General Theory
     He has no problem with the input and methods of Selznick (a non
    positivist) but has problems with his generalizations
     Adherence to his dogmatic positivism will lead to intellectual sterility as
    it will either result describing known facts or academic naivety.
     Even in his own studies he commits the same mistake that he intends
    to avoid viz. the police man making a choice based on his evaluation of
    a crime situation.
    Bias and Ignorance

     It seems that Black proposes a program for academic ignorance at the


    cost of avoiding bias
     Biases can be avoided and may have the possibility of being filtered
    and rectified but nothing can be done to correct ignorance
     It does not take into cognizance of interdisciplinary research i.e. use of
    methods and theories of other social sciences to develop your own
     There is broad canvas of knowledge beyond the boundaries of natural
    sciences
     All philosophical and jurisprudential knowledge is not evaluative
    Authority and Value

     Authority of knowledge is not always lies with individual researcher, it


    might have community effort or grown over a period of time
     It is perfectly alright to share a piece of knowledge with a rider, that is
    academic integrity and academic scepticism
     Values are inherent and essential in a human society
     Positivism is not the only method that sociologists practice
     Our knowledge must not be only theoretical, there has to be
    pragmatism and social relevance

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