Family Dynamics and Legal Change: Empirical Sociology in Search of a General Theory on the Effects of Law on Family Life

Abstract

In view of the quite considerable international research into the sociology of the family, family law and the sociology of law, albeit on separated disciplinary lines of theory and methodology, the authors consider the strenghtening of comprehensive approaches to the study of family and law necessary. One of these is the formulation of a theoretical guide line for the conduct of interdisciplinary empirical research in the field. The authors suggest that sociological attention should be divided equally between the functions and structures of the family on the one hand and the law on the other so as to be able to construct a theoretical frame for empirical research on family law of scientific value for both the lawyer and the sociologist. This article scans the contributions of the sociology of the family and the sociology of law in the field of marriage, family and the state and tries to link them up to form a comprehensive theoretical perspective on family dynamics and legal change as these can be subjected to meaningful empirical research. An example for such a study is provided by the authors’ research into the social impact of the family courts/divorce procedures in West Germany, Denmark, and Australia.