A Study On The Pat O’Malley’s Thought Of Sociology Of Law

Australian sociology of law was born in the 1940 s.After more than 20 years of exploration,it has flourished since the mid-1960 s,and research and academic activities have become increasingly frequent.Since the 21 st century,the study of the sociology of law in Australia has been advancing in an in-depth direction,and the research results in neoliberalism,risk control and crime prevention have been remarkable.Pat O’Malley is the main representative of Australian sociology of law in the 21 st century.His research includes risk theory,monetary sanctions,crime control and criminal justice and so on.O’Malley’s risk theory combines theories of law and sociology theories such as risk society,uncertainty,social governance,neoliberalism,criminal justice,criminology,etc.His research is one of the important achievements of Australian sociology of law.In the study of O’Malley’s thought of sociology of law,this article mainly illustrates and discusses the three research fields: risk theory,criminal justice,and social governance.The first chapter combs O’Malley’s life experience and research results,and combines other jurists and sociologists’ comments on O’Malley’s writings to illustrate its academic influence.O’Malley’s main research fields are criminology and sociology of law,with a focus on risk as a means of solving social and legal problems.O’Malley’s academic achievements have been affirmed by sociology and criminology scholars from various countries.They believe that O’Malley’s interpretation of crime control and social governance from a risk perspective has made significant contributions to in-depth research in these fields.The second chapter explains and analyzes O’Malley’s risk theory.Starting from Ulrich Beck’s "risk society",this chapter briefly describes the content of the "risk society" and Beck’s influence on contemporary academic research.From the perspective of risk burden and prediction,O’Malley describes his views on risk,uncertainty and social governance,public security in risk society,risk,crime control and criminal justice,risk and the use of illegal drugs.Neoliberalism has reshaped contemporary governance methods.Understanding contemporary political and social order requires a risk perspective as the basis for risk governance as a new social governance model.After entering the risk society,the traditional theories on public security and crime control should be changed to form a risk-centered criminal law position and system.The third chapter reviews O’Malley’s theory.This chapter analyzes O’Malley’s risk theory from three aspects: governance policy,risk society and criminal justice in the context of risk,the academic value of O’Malley risk theory and its reference significance.In terms of governance policy,the focus is on risk and risk society,uncertainty and freedom.The governance policy in O’Malley’s risk theory believes that the government needs to develop governance models that meet emerging risks.These response measures can to a large extent modify and develop past strategies and technologies to deal with risks.In criminal justice,the focus is on the criminal law stance oriented to crime prevention and the criminal law system based on risk issues.O’Malley’s risk-centered theory of sociology of law leads to criminal law’s stance on crime prevention,and the connection point between the two is risk and safety.Finally,from the perspective of O’Malley’s theory’s influence on western law sociology and its reference to China,the academic value and reference significance of his risk theory are explained.That is to say,through researching and discussing O’Malley’s risk-centered legal sociology,perfecting the theory of risk governance and criminal justice,and exploring innovative ways of various legal issues in a risky society.The conclusion is based on the previous content,summarizes O’Malley’s legal sociology thought,and tries to explain why O’Malley’s theory can become the representative theory of Australian legal sociology in the 21 st century.O’Malley’s academic thought is the latest trend of Australian sociology of law in the 21 st century.His risk theory is of pioneering significance in analyzing and explaining the scope and diversity of risks in contemporary society,as well as the diffusion and penetration of risks.In addition,the next step to be solved is to systematize O’Malley’s other theories.