The exiled Russian sociologist and legal scholar Nicholas S.
Timasheff's place in the forefront of the sociology of law was
established with the publication, in 1939, of An Introduction to
the Sociology of Law. His magnum opus articulates a systematic
legal sociology. The book's title is misleading, giving the false
impression that the volume is merely a textbook intended for
classroom use. It is much more than this. An Introduction to the
Sociology of Law is a sophisticated treatise that explains,
precisely and methodically, the law as a social force. It makes two
fundamental points: law can, indeed must, be studied by sociology,
and law is a combination of socio-ethical and imperative
coordination of human behavior.
A continuing thread in Introduction is Timasheff's interest in
the dialectical interplay between the positive law and the living
law. What is more, he discusses at length what he considers to be
the essential systems of thought and action in the social sciences.
Timasheff sees sociology's purpose as the study of similar,
related, or clusters of social phenomena. Accordingly, Timasheff's
focus is principally on the law's causal reality.
Several scholars have made a case for bestowing the title of
"founder" of the sociology of law on Timasheff. Certainly the
sociolegal theory and methodological prescriptions that he
explicates in An Introduction to the Sociology of Law will inspire
a new generation of law and society scholars. Many of the proposals
that he makes merit elaboration, modification, and verification,
and that effort must begin with the study of this monumental
work.
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