Artikel

Stateways cannot change folkways: Sumner en Myrdal over de wetgever als inleider van sociale verandering

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Abstract

„Stateways cannot change folkways”. Sumner and Myrdal about the role of law in social evolution - Though in his day little sociological attention was paid to the theoretical problem of the role of law in social evolution, Sumner substantially contributed to the development of this discussion. In his view, law is to be considered as a merely passive element in social evolution, a wholly dependant variable. Law does not move social life, it is - contrarily - moved itself by social life. Hence, the legislator is bound to take care not to oppose the social forces which condition his efforts, i.e. not to run counter to the “folkways” and the “mores” of the community. To Sumner’s taste, one should refrain from interfering with the natural processes that go on in society. Entirely opposed to Sumner’s view is the stand taken by Gunnar Myrdal, probably the first European sociologist to contradict Sumner so directly and so thoroughly. Throughout his famous study on the American race problem, law and particularly legislation is seen as a most appropriate vehicle of social change.

How to Cite:

Huyse, L., (1977) “Stateways cannot change folkways: Sumner en Myrdal over de wetgever als inleider van sociale verandering”, Tijdschrift voor Sociale Wetenschappen 22(2), 103–118. doi: https://doi.org/10.21825/tvsw.96054