The sociology of law (or legal sociology) is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. While some socio-legal scholars see the sociology of law as "necessarily" belonging to the discipline of sociology, others see it as a field of research caught up in the disciplinary tensions and competitions between the two established disciplines of law and sociology. Yet, others regard it neither as a sub-discipline of sociology nor as a branch of legal studies and, instead, present it as a field of research on its own right within a broader social science tradition. For example, Roger Cotterrell describes the sociology of law without reference to mainstream sociology as "the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience".

Irrespective of whether the sociology of law is defined as a sub-discipline of sociology, an approach within legal studies, or a field of research in its own right, it remains intellectually dependent mainly on mainstream sociology, and to lesser extent on other social sciences such as social anthropology, political science, social policy, criminology and psychology, i.e. it draws on social theories and employs social scientific methods to study law, legal institutions and legal behaviour.

Maximilian Karl Emil "Max" Weber (German pronunciation: [ˈmaks ˈveːbɐ]; 21 April 1864 – 14 June 1920) was a German sociologist, philosopher, and political economist who profoundly influenced social theory, social research, and the discipline of sociology itself.

Weber was a key proponent of methodological antipositivism, presenting sociology as a non-empiricist field which must study social action through interpretive means based upon understanding the meanings and purposes that individuals attach to their own actions. Weber is often cited, with Émile Durkheim and Karl Marx, as one of the three principal architects of modern social science.

Weber's main intellectual concern was understanding the processes of rationalisation, secularization, and "disenchantment" that he associated with the rise of capitalism and modernity. Weber argued that the most important difference among societies is not how people produce things but how people think about the world. In Weber’s view, modern society was the product of a new way of thinking. Weber is perhaps best known for his thesis combining economic sociology and the sociology of religion, elaborated in his book The Protestant Ethic and the Spirit of Capitalism. Weber proposed that ascetic Protestantism was one of the major "elective affinities" associated with the rise of capitalism, bureaucracy and the rational-legal nation-state in the Western world. Against Marx's "historical materialism," Weber emphasised the importance of cultural influences embedded in religion as a means for understanding the genesis of capitalism. The Protestant Ethic formed the earliest part in Weber's broader investigations into world religion: he would go on to examine the religions of China, the religions of India and ancient Judaism, with particular regard to the apparent non-development of capitalism in the corresponding societies, as well as to their differing forms of social stratification.