LAW AS A SOCIAL PHENOMENON: THEORETICAL FOUNDATIONS, PRACTICAL DIMENSIONS, AND CONTEMPORARY PERSPECTIVES
DOI:
https://doi.org/10.51891/rease.v12i3.24994Keywords:
Right. Social phenomenon. Legal sociology. Standard. Society. Legitimacy.Abstract
This study deepens the understanding of Law as a social phenomenon, exploring its origins, the theoretical pillars that support it and its practical manifestations in the organization of collective life. Through a critical analysis of the main currents of legal sociology – with special attention to the contributions of Émile Durkheim, Max Weber, Eugen Ehrlich, Hans Kelsen, Pierre Bourdieu, Niklas Luhmann and Jürgen Habermas –, the work seeks to demonstrate that Law transcends the mere compilation of formally positive norms. It reveals itself as an intricate reality, historically contextualized and deeply interconnected with social structures, cultural values and power dynamics. The text also addresses Miguel Reale's three-dimensional theory, legal pluralism, the growing judicialization of politics and the challenges posed by contemporary transformations. It is concluded that an understanding of Law from a social perspective is crucial for the construction of a legal order that is, at the same time, legitimate, effective and intrinsically committed to justice.
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Atribuição CC BY