Pitirim Sorokin’s sociology and German jurisprudence

Abstract

The article considers the connection between the social-legal theory of P.A. Sorokin and the main directions of the German jurisprudence in the 17th - early 20th century: natural-legal school, historical school, jurisprudence of interests and the theory of the revived natural law. The genesis of Sorokin’s sociological ideas is usually considered in the context of the general development of sociology in the second half of the 19th century - early 20th century. At the beginning of the 20th century, when Sorokin was turning into an independent scholar, sociological issues were discussed in the teaching of other disciplines, in particular legal ones, which Sorokin studied at the Faculty of Law of the Saint Petersburg University. Sorokin’s study of legal sciences, especially of criminal and state law, affected his further research. The author argues that some important aspects of Sorokin’s sociology of law are closely connected with the main directions of the legal thought of his time, in particular with the works of German jurists and philosophers of law. The ideas of all four directions of German jurisprudence are reflected in Sorokin’s works, primarily in the theory of organized groups as a basis of his sociology of law. The classic school of natural law is represented by the social contract theory and corresponds to the purposeful organization of groups. The concept of the organic development of law by the leader of the historical school F.C. von Savigny is reflected in the spontaneous organization of groups. The jurisprudence of interests with R. von Jhering’s idea of the struggle for law anticipated the idea of purposeful formation of law in a social conflict. R. Stammler’s concept of the revived natural law contains a general idea of the organizing role of law. The elements of the first three theories are used by Sorokin in his theory of the origin of organized groups, while Stammler’s idea is close to the general understanding of the social function of law by Sorokin and one of his teachers L.I. Petrażycki.

Keywords

• sociology of law
• p.a. sorokin
• organized group
• social group
• german jurisprudence
• genesis of law
• r. stammler