With the rise of capitalism and democracy, modern societies have not only differentiated relatively autonomous economic and political systems, they are further marked by a differentiation of a cultural system of values and an integrative system of norms. Values are conceptions about desirable ways of life, whereas norms are sanctionable standards of conduct. Values are oriented at guiding actions among individuals or within groups (through socialization), while norms are oriented at regulating interactions between individuals or across groups (in view of integration). Durkheim and Simmel were among the first sociologists to posit the coordination of values and norms as one of the most central problems to sociology. Parsons phrased this problem in terms of differentiation (between the fiduciary system and the societal community), but it took later developments in sociology to more fully recognize the implications of this differentiation and, accordingly, develop a variety of theoretical positions. The implications of these positions for the sociology of law, as being centrally occupied with societal norms, are considerable. Extending the theoretical discussion since Durkheim, this chapter will review some of the most important sociological perspectives of values and norms up to their most recent formulations, specifically in the work of Jürgen Habermas and its theoretical nemesis in postmodern perspectives and the approach of deconstruction.

From a thematic viewpoint, the discussion on the separation between values and norms will in this chapter be used to review work in the sociology of law surrounding matters that pertain to the interrelation between law and culture.