Theory, Philosophy and Sociology of Law

All men suppose what is called Wisdom to deal with the first causes and the principles of things; so that, as has been said before, the man of experience is thought to be wiser than the possessors of any sense-perception whatever, the artist wiser than the men of experience, the masterworker than the mechanic, and the theoretical kinds of knowledge to be more of the nature of Wisdom than the productive.

Within sociology there have been several system theories, differing from one another in the extent to which, for example, human agency, creativity, and entrepreneurship are assumed to play a role in system formation and reformation; conflict and struggle are taken into account; power and stratification are part and parcel of the theory; structural change and transformation – and more generally, historically developments – are taken into account and explained. What the various system theories have in common is a systematic concern with complex and varied interconnections and interdependencies of social life. Complexity has been a central concept for many working in the systems perspective. The tradition is characterized to a great extent by a burning ambition and hope to provide a unifying language and conceptual framework for all the social sciences.

The realist, then, would seek in behalf of philosophy the same renunciation the same rigour of procedure, that has been achieved in science. This does not mean that he would reduce philosophy to natural or physical science. He recognizes that the philosopher has undertaken certain peculiar problems, and that he must apply himself to these, with whatever method he may find it necessary to employ. It remains the business of the philosopher to attempt a wide synoptic survey of the world, to raise underlying and ulterior questions, and in particular to examine the cognitive and moral processes. And it is quite true that for the present no technique at all comparable with that of the exact sciences is to be expected. But where such technique is attainable, as for example in symbolic logic, the realist welcomes it. And for the rest he limits himself to a more modest aspiration. He hopes that philosophers may come like scientists to speak a common language, to formulate common problems and to appeal to a common realm of fact for their resolution. Above all he desires to get rid of the philosophical monologue, and of the lyric and impressionistic mode of philosophizing. And in all this he is prompted not by the will to destroy but by the hope that philosophy is a kind of knowledge, and neither a song nor a prayer nor a dream. He proposes, therefore, to rely less on inspiration and more on observation and analysis. He conceives his function to be in the last analysis the same as that of the scientist. There is a world out yonder more or less shrouded in darkness, and it is important, if possible, to light it up. But instead of, like the scientist, focussing the mind's rays and throwing this or that portion of the world into brilliant relief, he attempts to bring to light the outlines and contour of the whole, realizing too well that in diffusing so widely what little light he has, he will provide only a very dim illumination.