The Sociology of Law Department's Lunch Seminar: "Institutional strength of law: theoretical considerations and empirical research"

Almost 25 years have passed since the paper Reflections on the Methodological Issues of Sociology of Law by Reza Banakar, was first published. The way by which the paper approached the issue of institutional strength of law, treating it as manifestaiton „by its professional ability to present its fragmented body (...) in terms of monolithic discourse centring around esoteric body of substantive law“ (2000: 275-6), directly inspired the first comprehensive socio-legal research in Bosnia and Herzegovina (BiH), focusing on judiciary and judicial professions (judges, prosecutors, attorneys at law). Given this inspiration, the seminar is presented in memoriam to late professor Banakar.

My discussion will reflect on theoretical considerations on law as a social institution, drawing on the works by R. Banakar, A. Giddens, P. Bourdieu, N. Luhmann and M.G. Larsson. The main argument is that institutional strength of law is only partly based on normative principles, ie. judicial independence, that uphold the epistemic autonomy of law as a key institutional feature. However, the role of collective and institutional actors, ie. judicial communites and judicial councils, is central for law's ability to manifest its institutional strength. Discussion will also reflect on methodological challenges on empirical research on the subject and present findings published in my book The Institution and The Profession: A Sociological Analysis of Judiciary and Judicial Professions in Bosnia and Herzegovina, published earlier this year in local languages.

The narrow focus of the book is on the High Judicial and Proesecutorial Council (HJPC) BiH as a micro social institution of law, its own institutional strength in conjuction with its capability to maintain and enforce its institutional as socio-epistemological borders. HJPC is also analysed through the lens of the social agency, its action toward other political actors and national judicial community. It is also analysed as a professional institution serving as a form of professional organisation for the legal professsions of judges and prosecutors. Empirical dimension of the research focuses on social position, internal structures and relationships between respective judicial professions and was conducted as a survey based on the sample of 441 respondents. The book also features analyses of the processes of institutionalisation, professionalisation, Europeanisation of BH judiciary, feminisation of legal professions, and incremental changes to the legal market for attorneys at law.

Samir Forić is an Assistant Professor of Sociology at the Faculty of Political Science, University of Sarajevo. His current research interests include legal professions, histories of sociology of law, deviance and social control. He is the author of socio-legal concepts in the first glossary of essential constitutional concepts in Bosnia and Herzegovina Citizens, Constitution, Europe (Sarajevo, 2023). He holds a role of a research associate at the Centre for Legal Education and Social Theory at the Faculty of Law and Administration, University of Wroclaw, and is an editor-in-chief of the Sarajevo Social Science Review.