Making the Case for Socio‐legal Research in Land Law

The aim of this article is to enhance knowledge of and to encourage further research into two areas not traditionally the subject of socio‐legal research, namely, the work of Karl Renner and the English law of mortgage, for three reasons. First, an account of them supports the proposition that a true understanding of law requires knowledge of its origins, content, and function. Second, Renner's theory can contribute significantly to our understanding of law by offering an alternative to the polarized debate between legal autopoiesis and other sociological conceptions of law. Third, it has much to tell us about the relationship between legal and social change. In particular, Renner's work suggests that those seeking legal reform should look not to the legislature, but to those capable of influencing its ‘social function’. Those frustrated by the lack of doctrinal reform within the law of mortgage can take heart, therefore, from the continual process of change evident in its social function. Ultimately, however, further socio‐legal research is required, for a more developed understanding of the law of mortgage

Empirical legal studies · Epistemology · Function (biology · Law and economics · Law reform · Legal profession · Legal realism · Legal research · Legislature · Political science · Proposition · Sociology · Work (physics · Engineering · European and International Contract Law · Law · Law in Society and Culture · Legal principles and applications

• Karl Renner and (Intellectual) Property-How Cognitive Theory Can Enrich a Sociolegal Analysis of Contemporary Copyright

  Open Access•Sofia Larsson, Stefan Larsson•Law & Society Review•2014

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