The Practice of Law as Confidence Game Organizational Cooptation of a Profession

Abstract

A recurring theme in the growing dialogue between sociology and law has been the great need for a joint effort of the two disciplines to illuminate urgent social and legal issues. Having uttered fervent public pronouncements in this vein, however, the respective practitioners often go their separate ways. Academic spokesmen for the legal profession are somewhat critical of sociologists of law because of what they perceive as the sociologist's preoccupation with the application of theory and methodology to the examination of legal phenomena, without regard to the solution of legal problems. Further, it is felt that “. . . contemporary writing in the sociology of law . . . betrays the existence of painfully unsophisticated notions about the day-to-day operations of courts, legislatures and law offices.” Regardless of the merit of such criticism, scant attention—apart from explorations of the legal profession itself— has been given to the sociological examination of legal institutions, or their supporting ideological assumptions. Thus, for example, very little sociological effort is expended to ascertain the validity and viability of important court decisions, which may rest on wholly erroneous assumptions about the contextual realities of social structure. A particular decision may rest upon a legally impeccable rationale; at the same time it may be rendered nugatory or self-defeating by contingencies imposed by aspects of social reality of which the lawmakers are themselves unaware.