Niklas Luhmann`s Theory of Politics and Law
... and its environment. We should note at this stage that Luhmann does not envisage a universal environment within which all social systems exist, but a different environment for each system. Modern society, according to Luhmann, ‘is differentiated into the political susbsystem and its environment, the ...
... and its environment. We should note at this stage that Luhmann does not envisage a universal environment within which all social systems exist, but a different environment for each system. Modern society, according to Luhmann, ‘is differentiated into the political susbsystem and its environment, the ...
Order without Law: How Neighbors Settle Disputes
... connect to venerable traditions of the United States. Especially because there has been lamentably little legal scholarship in an anthropological mode, this story is informative (and colorful) in and of itself. l The events reported here are of more than ordinary interest for another reason. One sub ...
... connect to venerable traditions of the United States. Especially because there has been lamentably little legal scholarship in an anthropological mode, this story is informative (and colorful) in and of itself. l The events reported here are of more than ordinary interest for another reason. One sub ...
Transnational Legality: Stateless Law and International Arbitration
... international law.10 But do they make stateless law? Do they make private law? Can they? What would it take for them to do so? These are the type of questions I address in this book. My purpose plainly is not to close any debate. I do not intend an exhaustive treatment of any area of legal scholars ...
... international law.10 But do they make stateless law? Do they make private law? Can they? What would it take for them to do so? These are the type of questions I address in this book. My purpose plainly is not to close any debate. I do not intend an exhaustive treatment of any area of legal scholars ...
Divided socio-natures
... ambiguities for sociology, in attempting to analyze the trans-boundary flows of contemporary social life beyond societies (Urry 2000; Beck 2006). This thesis engages the ambiguities of ‘local’ and ‘global’, by turning globalized scientific knowledge practices into an empirical object of sociological ...
... ambiguities for sociology, in attempting to analyze the trans-boundary flows of contemporary social life beyond societies (Urry 2000; Beck 2006). This thesis engages the ambiguities of ‘local’ and ‘global’, by turning globalized scientific knowledge practices into an empirical object of sociological ...
Big Questions Comparative Law
... Santos eds., 2006) (“[F]ramework and context are misleading terms for describing the relationship between legal and economic activities. This is because economic activity can’t be understood as something autonomous in relation to a set of passive institutional and legal conceptual constraints . . . ...
... Santos eds., 2006) (“[F]ramework and context are misleading terms for describing the relationship between legal and economic activities. This is because economic activity can’t be understood as something autonomous in relation to a set of passive institutional and legal conceptual constraints . . . ...
Taking Legal Argument Seriously: An Introduction
... of these same professors seem to have concluded that there is no internally-right answer to any legal-rights question whose answer is 2. At least three other senses of "taking the general category 'legal argument' seriously" are worth noting. First, an individual may appropriately be said to be taki ...
... of these same professors seem to have concluded that there is no internally-right answer to any legal-rights question whose answer is 2. At least three other senses of "taking the general category 'legal argument' seriously" are worth noting. First, an individual may appropriately be said to be taki ...
Legal Barriers to Innovation
... both compliance with law and access to the justice system. As important and worthy as this focus is, however, it is also likely responsible for the infinitesimal effect that these wide-ranging and persistent critiques have had on the actual practice of lawyer self-regulation in the U.S. If anything, ...
... both compliance with law and access to the justice system. As important and worthy as this focus is, however, it is also likely responsible for the infinitesimal effect that these wide-ranging and persistent critiques have had on the actual practice of lawyer self-regulation in the U.S. If anything, ...
The of Power in Paradise: Political
... transnationalism, and globalization, explicitly setting out to interrogate prevailing theoretical and methodological assumptions in sociolegal research that presume as given (often despite claims to the contrary) the centrality and stability of state governments and their formal institutions. In sit ...
... transnationalism, and globalization, explicitly setting out to interrogate prevailing theoretical and methodological assumptions in sociolegal research that presume as given (often despite claims to the contrary) the centrality and stability of state governments and their formal institutions. In sit ...
Hart`s Methodological Positivism - Penn Law: Legal Scholarship
... elements of two distinct methodological approaches, which we can call the descriptive-explanatory method and the method of conceptual analysis. Of these, only the first can appropriately be said to involve a form of methodological positivism. The second, when understood and analyzed in its own terms ...
... elements of two distinct methodological approaches, which we can call the descriptive-explanatory method and the method of conceptual analysis. Of these, only the first can appropriately be said to involve a form of methodological positivism. The second, when understood and analyzed in its own terms ...
A Model Theoretic Approach to Legal Theory
... This paper explores borrowing a meta-theoretical approach to theory from the natural and social sciences in order to provide a framework within which to situate and evaluate the various theories one encounters in the field of law and jurisprudence.4 Within the standard jurisprudence textbook, chapte ...
... This paper explores borrowing a meta-theoretical approach to theory from the natural and social sciences in order to provide a framework within which to situate and evaluate the various theories one encounters in the field of law and jurisprudence.4 Within the standard jurisprudence textbook, chapte ...
Democratic Theory and the Problem of Rights
... Weimar charter of rights and duties expressly guarantees labor the right to unionization and to an organized voice in certain vaguely delimited economic matters, while it also guarantees the right to private property, as defined by law. The Canadian Charter is silent on both points. The fundamental ...
... Weimar charter of rights and duties expressly guarantees labor the right to unionization and to an organized voice in certain vaguely delimited economic matters, while it also guarantees the right to private property, as defined by law. The Canadian Charter is silent on both points. The fundamental ...
Continued
... Savigny was born in Frankfurt in 1779. His interest in Historical studies was kindled at the university of Marburg and Gottingen and greatly encouraged when he came into contact with great historians at the University of Berlin. He served university of Berlin as a teacher. He also acquired a lasting ...
... Savigny was born in Frankfurt in 1779. His interest in Historical studies was kindled at the university of Marburg and Gottingen and greatly encouraged when he came into contact with great historians at the University of Berlin. He served university of Berlin as a teacher. He also acquired a lasting ...
Law and Morality - The Tanner Lectures on Human Values
... by explicit value orientations and is not controlled by blind effects or quasi-natural traditions. Weber regards value orientations as substantive preferences incapable of further justification and subject to choice by persons acting in a purposive-rational manner ; an example would be the individua ...
... by explicit value orientations and is not controlled by blind effects or quasi-natural traditions. Weber regards value orientations as substantive preferences incapable of further justification and subject to choice by persons acting in a purposive-rational manner ; an example would be the individua ...
Introduction to Historical Jurisprudence Paul Vinogradoff 1920
... civil intercourse and crime. The physician combines for a specific purpose doctrines, of physics and chemistry, of biology and psychology; the lawyer draws on the study of logic, of psychology and of social science in order to co-ordinate and explain legal rules and to assert rights. Our enumeration ...
... civil intercourse and crime. The physician combines for a specific purpose doctrines, of physics and chemistry, of biology and psychology; the lawyer draws on the study of logic, of psychology and of social science in order to co-ordinate and explain legal rules and to assert rights. Our enumeration ...
Three Approaches to Law and Culture
... worldviews of dominant social groups. In that way, cultural categories make an important contribution to preserving the stratifications from which dominant groups benefit. See TURNER, supra, at 53-55, 178-79. Therefore, cultural studies scholars aim to expose the mechanisms through which cultural re ...
... worldviews of dominant social groups. In that way, cultural categories make an important contribution to preserving the stratifications from which dominant groups benefit. See TURNER, supra, at 53-55, 178-79. Therefore, cultural studies scholars aim to expose the mechanisms through which cultural re ...
essay three approaches to law and culture
... worldviews of dominant social groups. In that way, cultural categories make an important contribution to preserving the stratifications from which dominant groups benefit. See TURNER, supra, at 53–55, 178–79. Therefore, cultural studies scholars aim to expose the mechanisms through which cultural re ...
... worldviews of dominant social groups. In that way, cultural categories make an important contribution to preserving the stratifications from which dominant groups benefit. See TURNER, supra, at 53–55, 178–79. Therefore, cultural studies scholars aim to expose the mechanisms through which cultural re ...
Reflections on the "Republican Revival"
... distinguished from legal historians; that is, as a contemporary-oriented political theory, "contra" to "liberalism," rather than as an interpretive framework for making sense of the past? And why was republicanism "received" as a potentially stimulating theory by legal scholars at the very moment, a ...
... distinguished from legal historians; that is, as a contemporary-oriented political theory, "contra" to "liberalism," rather than as an interpretive framework for making sense of the past? And why was republicanism "received" as a potentially stimulating theory by legal scholars at the very moment, a ...
The Sociology Of Indian Politics Theoretical Perspectives
... ... sociology's four theoretical perspectives: ... the united states saw a huge change in civil rights awarded to african americans due to the political protests that ... POLITICAL SOCIOLOGY - WIKIPEDIA Fri, 21 Apr 2017 20:36:00 GMT contemporary political sociology ... forces work together to change ...
... ... sociology's four theoretical perspectives: ... the united states saw a huge change in civil rights awarded to african americans due to the political protests that ... POLITICAL SOCIOLOGY - WIKIPEDIA Fri, 21 Apr 2017 20:36:00 GMT contemporary political sociology ... forces work together to change ...
bepress Legal Series The Disenchantment of Logically Formal
... notion that government should help individuals realize their wills, restrained only as necessary to permit others to do the same. In its more ambitious versions, the will theory made public as well as private law norms follow from this foundational commitment (for example, by generating theories of ...
... notion that government should help individuals realize their wills, restrained only as necessary to permit others to do the same. In its more ambitious versions, the will theory made public as well as private law norms follow from this foundational commitment (for example, by generating theories of ...
Books Reviewed - NDLScholarship
... to the physical sciences have on the whole met with failure. Hence arose a violent dispute as to whether the methods of the physical sciences were at all applicable to the social sciences; 4 and, according to their particular views as to the applicability or nonapplicability of the methods of the ph ...
... to the physical sciences have on the whole met with failure. Hence arose a violent dispute as to whether the methods of the physical sciences were at all applicable to the social sciences; 4 and, according to their particular views as to the applicability or nonapplicability of the methods of the ph ...
The Disenchantment of Logically Formal Legal Rationality
... was not a political or moral philosophy justifying this goal; nor was it a positive historical or sociological theory about how this had come to be the goal. Rather, the theory offered a specific, will-based, and deductive interpretation of the interrelationship of the dozens or hundreds of relative ...
... was not a political or moral philosophy justifying this goal; nor was it a positive historical or sociological theory about how this had come to be the goal. Rather, the theory offered a specific, will-based, and deductive interpretation of the interrelationship of the dozens or hundreds of relative ...
Trends in Theories About Law - Yale Law School Legal Scholarship
... in terms of theological or metaphysical references would clearly articulate a distinction between the standpoint and theory of the observer and the data being observed. "Monks, by the conditions of their lives," as Zilsel pithily puts it, "are not much disposed to look at the world with open eyes.', ...
... in terms of theological or metaphysical references would clearly articulate a distinction between the standpoint and theory of the observer and the data being observed. "Monks, by the conditions of their lives," as Zilsel pithily puts it, "are not much disposed to look at the world with open eyes.', ...
why legal history matters
... trying to teach law students not only analytical skills and substantive knowledge, but also a deeper understanding of the nature of law. And if I am right that legal developments cannot be separated from other historical trends then a sense of history is vital to understanding the law, even (or perh ...
... trying to teach law students not only analytical skills and substantive knowledge, but also a deeper understanding of the nature of law. And if I am right that legal developments cannot be separated from other historical trends then a sense of history is vital to understanding the law, even (or perh ...
The Importance of Social Activism to a Fuller Concept of Law
... benefit the people, unless the conflict between statute and injustice reaches such an intolerable degree that the state, as ‘flawed law,’ must yield to justice.”35 He suggests that law, on the basis of being authoritatively enacted, is strictly enforced even when it seriously and unfairly hurts many ...
... benefit the people, unless the conflict between statute and injustice reaches such an intolerable degree that the state, as ‘flawed law,’ must yield to justice.”35 He suggests that law, on the basis of being authoritatively enacted, is strictly enforced even when it seriously and unfairly hurts many ...
In employing the term “rights to do wrong,” I mean
... understood, is its commitment to posing the most comprehensive questions concerning law’s intersections with life’s myriad other, nonlegal dimensions, by drawing on diverse currents of thought, notably philosophy and economics, but also psychology, anthropology, and literary discourse. A sustained e ...
... understood, is its commitment to posing the most comprehensive questions concerning law’s intersections with life’s myriad other, nonlegal dimensions, by drawing on diverse currents of thought, notably philosophy and economics, but also psychology, anthropology, and literary discourse. A sustained e ...
Sociology of law
The sociology of law (or legal sociology) is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging ""necessarily"" to the field of sociology whilst others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it neither as a sub-discipline of sociology nor as a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly, it may be described 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"",. It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating ""between political and economic interests, between culture and the normative order of society, establishing and maintaining interdependence, and constituting themselves as sources of consensus, coercion and social control"".Irrespective of whether 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 the traditions, methods and theories of mainstream sociology and, to a lesser extent on other social sciences such as social anthropology, political science, social policy, criminology and psychology; as such, it reflects social theories and employs social scientific methods to study law, legal institutions and legal behavior.More specifically, sociology of law consists of various approaches to the study of law in society, which empirically examine and theorize the interaction between law, legal, non-legal institutions and social factors. Areas of socio-legal inquiry include the social development of legal institutions, forms of social control, legal regulation, the interaction between legal cultures, the social construction of legal issues, legal profession, and the relation between law and social change.Sociology of law also benefits from and occasionally draws on research conducted within other fields such as comparative law, critical legal studies, jurisprudence, legal theory, law and economics and law and literature. Its object encompasses the historical movement of law and justice and their relentless contemporary construction, e.g., in the field of jurisprudence focused on institutional questions conditioned by social and political situations, in interdisciplinary dominions such as criminology, and through analysis of the economic efficiency and the social impact of legal norms.