Current Intellectual Movements Courses

The role of law in society can be narrowed down to two perspectives: the consensus and the conflict perspectives. The consensus perspective is based in the functionalist approach, while the conflict perspective includes everything from the critical, feminist and Marxist approaches in the study of law. Many sociologists pick one view when discussing their take on the legal system.

Functionalists examine social phenomena with respect to the consequences. These theorists ask questions such as, “What does this do for society?”

Conflict and Marxist theorists, on the other hand, suggest the government and corporate structures are tools creating a power imbalance -- putting the two groups at odds with each other.

There are two currently widely accepted approaches to the study of law and society -- the functionalist approach and the conflict or Marxist approach. Each approach has its pros and cons and sociologists argue which approach is the best when it comes to legal theories.