From The Legal Society Of Reason Construct To The Legal Society Of Reflexivity Construct

With the constantly deepening of modernization process, mankind entered the era of risk society, and Legal Sociology, which is entrenched in the legal arena for more than a century, has fallen down in the guidance of legal system in real life. Risk and conflicts in society continues to intensify, law enforcement has little effect which is in an awkward situation, even the absence of law in some nascent field have made legal system, which human beings built based on theoretical perspectives of legal sociology, exhausting to deal with. To solve the problems that the operation of law faced in risk social practice, we need to study and analyze the theoretical context of its guiding ideology—Legal sociology. This article will combine the latest academic thought in modern society development model—the theory of reflexivity, dissect legal sociology deeply in both micro and macro level, and strive to propose new ideas beyond traditional legal sociology, based on the summary of legal thinking model in risk society and the status of law implementation. This article is divided into three parts:Legal Sociology’s historical development, performance in risk society and reflexivity jurisprudence’s surmounting upon it. The first part describes the historical background and the connotation and extension of the arising of Legal Sociology, which selects and summarizes the main points of several most authoritative legal sociologists. This part mainly makes us know about the generation and rise of Legal Sociology and the basic components it contains. The second part starts from the current social characteristics, notes the arrival of the risk society, and analyzes the legal status caused by thoughts and principals advocated by Legal Sociology in risk society from the microscopic. This part mainly expresses the contradiction between the concept legal sociology developed in nowadays and social reality, the problems it caused and the reasons. The third part combines reflexivity theory, reconstructs the structure of the whole process of Legal Sociology, and puts forward the idea of reflexivity jurisprudence in order to adapt to modern risk society development, hopefully to push ahead the law study.