NCJ Number
53918
Journal
Law and Society Review Volume: 12 Issue: 1 Dated: (FALL 1977) Pages: 151-180
Date Published
1977
Length
31 pages
Annotation
A POLISH SCHOLAR'S METHODOLOGICAL AND THEORETICAL CONTRIBUTIONS TO THE FIELD OF SOCIOLOGY OF LAW ARE EXAMINED.
Abstract
IN 1974 AN ENGLISH TRANSLATION WAS PUBLISHED OF ADAM PODGORECKI'S SYNTHESIS OF RESEARCH RESULTS AND THEORETICAL CONCLUSIONS SCATTERED THROUGHOUT HIS MANY BOOKS AND ARTICLES WRITTEN IN POLISH. REFERRING PRIMARILY TO THIS TRANSLATION, THE DISCUSSION FOCUSES ON PODGORECKI'S PLACE IN THE POLISH TRADITION IN SOCIOLOGY OF LAW, HIS CENTRAL APPROACH TO STUDYING THE SOCIOLOGY OF LAW, AND HIS METHODS, THEORIES, AND FINDINGS. PODGORECKI'S WORK IS GUIDED BY A BASIC GOAL: TO USE LAW AS A MEANS OF SOCIAL ENGINEERING, ONCE SUFFICIENT SCIENTIFIC KNOWLEDGE IS ACCUMULATED ABOUT HOW LAW WORKS. PODGORECKI'S TOPICS, METHODS, AND THEORIES ALL ARE INFLUENCED BY HIS CLEAR SUBORDINATION OF PURE SOCIOLOGY OF LAW TO APPLIED SOCIAL SCIENCE OF LEGAL POLICY. DISTRUSTING ANY 'GRAND THEORY' ON THE GROUNDS THAT THE SYNTHETIC AMBITIONS OF SUCH THEORIES COMPEL THE NEGLECT OF MANY EMPIRICAL FINDINGS, PODGORECKI SEEKS INSTEAD TO DEVELOP A SCHEME OF INDUCTION FROM EMPIRICAL RESEARCH, LEADING TO 'MIDDLE-RANGE' SOCIOLOGICAL THEORIES THAT MIGHT ULTIMATELY BE SYNTHESIZED INTO A GENERAL THEORY. HE DOES NOT DRAW A SHARP LINE BETWEEN RESEARCH METHODS AND THEORETICAL CONCLUSIONS, BUT ADVANCES THEORIES ABOUT THE NATURE AND STRUCTURE OF LAW AS HE REFLECTS ON THE DIFFERENT METHODOLOGIES USED IN EMPIRICAL STUDIES. HIS ESSAYIST'S APPROACH TO EXAMINING THE MANY FACETS OF THE APPEARANCE OF LAW IN SOCIETY IS A METHOD IN ITSELF. PODGORECKI'S THEORETICAL CONCLUSIONS CONTAIN ELEMENTS OF SEVERAL CONCEPTS--ANOMIE, CONFORMISM, LEGALISM, AMONG OTHERS. HE VIEWS THE CORRESPONDENCE BETWEEN THE SOCIAL STRUCTURE OF LAW AND INDIVIDUAL PERSONALITY STRUCTURES AS THE CLUE TO THE FUNCTIONING OF LAW. A REVIEW OF PODGORECKI'S WORK POINTS TO SEVERAL ATTRIBUTES LIMITING HIS RELEVANCE FOR WESTERN EUROPEAN SOCIOLOGISTS: HIS FOCUS ON THE ACCEPTANCE OF LAW, AS OPPOSED TO THE USE AND USERS OF LAW AND SOCIAL DIFFERENCES IN ACCESS TO LAW; HIS MICROSOCIOLOGICAL APPROACH TO THE FUNCTIONING OF LAW; AND HIS EMPHASIS ON THE RELATIONSHIP BETWEEN LEGAL SCIENCE AND THE SOCIOLOGY OF LAW. IT IS SUGGESTED THAT PODGORECKI HAS DEVELOPED A SOCIOLOGY OF LAW THAT IS CENTERED AROUND LAW, NOT SOCIETY, AND THAT HE TENDS TO FORGET THE SOCIETY BEHIND THE LAW. NEVERTHELESS, IT IS CONCLUDED THAT PODGORECKI HAS MADE AN IMPORTANT CONTRIBUTION, IN PART BECAUSE HE HAS ASKED OF SOCIAL SCIENCE MORE THAN IT AS YET IS ABLE TO GIVE. A PARTIAL BIBLIOGRAPHY OF PODGORECKI'S WRITINGS AND A LIST OF ADDITIONAL REFERENCES ARE PROVIDED. (LKM)