On Blake 's Case Sociology Theory

Donald Blake is famous jurist in the present age of America, one of the representative figures of the pure sociology of law, He has two important representative works:"The Behavior of Law", "Sociological Justice". In theory of law and juridical practice, the theory of legal variables and the sociology of the cases based on the theory of legal variables are greatly learning and researching value.In this paper, there are three parts. The first part introduces the formation of the sociology of the cases, including the theoretical sources of the sociology of the cases and formative process, as well as the relationship between the sociology of the cases and the different treatment of administration of justice. Otherwise, the sociology of the cases is the microscopic research approach of pure sociology of law, so this part also introduces the theoretic establishment of pure sociology of law, which could be better to learn the formation of the sociology of the cases. The second part detailedly present the theory of legal variable, including the functional relation among social layers, patterns, cultures, the sense of organization and social control. Then this part analyze the features of the commission of cases, correspondingly applying the theory of legal variable and comparing the numbers of law in every aspect, which could predict the outcomes of cases, and conclude that the different commissions of cases naturally lead to the different treatment of administration of justice. Meantime, minifying the different treatment of administration of justice is one of the theoretical aims, hence Donald Blake suggest three policies and countermeasures:legal cooperation association, non socialization of law and non legalization of society. The third part is that China use for reference the above countermeasures in our national judicial reform. According to our national judicial practice, analyze these countermeasures’practicality, use for reference benefits in legal aid system and which segregate relative information in process of dealing with cases as well as which settle disputes by negotiation, in order to enrich our national researches that study the sociology of the cases, and benefit for our judicial reform in "treat the same case equally".