Analytical and socio-legal approach to the study of normative and social functions of law

Abstract

The paper outlines positions of analytical jurisprudence regarding the possible functions of law - whether they are determined as normative or social. Also, it offers an approach of a version of socio-legal theory to the social effects of law, as well as criticism of the analytical approach as unjustified and overly intuitive. Each analysis of law as a phenomenon starts from the analysis of the nature of law and, consequentially, from its functions, i.e. the introduction of the idea of dual nature of law, with the ideal and realistic elements, which leads to a different reflexive methodology that will shed light upon both elements. In the end, the paper offers a review of possible methodological improvements that would allow for empirically verifiable, instead of a priori, articulation of positions on possible functions of law and therefore improve theoretical legal analyses.

Keywords

• normative and social functions
• dual nature of law
• socio-legal positivism