Essays in Sociological Theory

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Anglo-American law of course relies heavily on the processes of judicial decision and through these the accumulation of precedents. But tlie problem of maintaining the internal consistency of the precedent system even to a tolerable degree is a very formidable one. Furthermore there must be orien- tation to the authority of the basic constitutional documents, which naturally means continual reinterpretation of them, and to the posi- tive acts of legislation which are continually being produced....
The problems faced by our legal profession in this respect may be compared with two other types of situations. One is the analogy to the professions concerned with the application of scientific knowledge, such as engineering and medicine. In these cases it is a sociologically central fact that the available knowledge is far from adequate to cover the practical needs. Nevertheless established scientific knowledge does constitute a highly stable point of refer- ence. Hence the "authority" of the relevant professional groups for interpretations can always be referred to such established knowl- edge.


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