Interpretation of the South African legal system in terms of the analytical conflict perspective

Abstract

Abstract The fundamental focus of sociology is the study of social order, disorder and change. Law and the legal system are central to the maintenance of order, the containment of disorder and the regulation of change and they are thus an important part of the subject-matter of sociology. This role of the legal system will be prominent in South Africa during the process of transformation and the development of a sociological interpretation thereof is therefore essential. In terms of the analytical conflict perspective, the focus of the sociology of law can be seen as the role of law and the legal system in societal power relations. The focus here is on an interpretation of this role of the South African legal system in terms of the analytical conflict theory of Collins and the conflict sociology of law of Turk. Collins argues that society is characterized by interest groups who are locked in a continuous power struggle and who mobilize all resources at their disposal to bolster their position. This argument can be applied to the legal system by using Turk's conceptualization of law as a source of power for interest groups. The South African situation is an appropriate illustration of this argument as the legal system has for many years been mobilized by dominant interest groups as a resource to strengthen their position of power.