A Study on the Sociological Functions of Legal Explanation

• Main Authors: Yu-Ying, CHIN, 金玉瑩
• Other Authors: J. S. YANG
• Format: Others
• Language: zh-TW
• Published: 1999
• Online Access: http://ndltd.ncl.edu.tw/handle/32285559531392699550

碩士 === 東吳大學 === 法律學系研究所 === 88 === A Study on the Sociological Functions of Legal Explanation(ABSTRACT) The main purpose of thesis is to inquire the sociological functions of Legal explanation, which is quite important for the theoretical study and the practice of legal system, however, which have been seldom inquired in this country. Socialization and social control are the two major functions of the legal system in society. Socialization means that law as a social institution helps to shape the desirable behavior pattern, values and attitudes of people in a given society. Social control means that legal institution was used by the dominant group as an instrument to control the dominated ones . The different theories related to these functions are reviewed, which including those of E. Durkeim, T. Parsons, K. Marx, M. Weber, and R. Pound. After reviewing the theories, the case study is undertaken. The judicial precedents made by Supreme Court and judgments made by district courts in this country are discussed, which are related to the disputed issues at present such as divorce, gender bias to female workers, pregnant girls unmarried, the agents for women unable to be pregnant, tube-baby, biotechnology, cyber crime, and so on. Two main suggestions are made finally. For further research, this topic is worthwhile to study perpetually. For judges, they should take care of the influence on a society by their judgments.