A Sociology of Jurisprudence

Author: Richard Nobles,David Schiff

Publisher: Hart Publishing

ISBN: 1841135984

Category: Law

Page: 249

View: 6292

Niklas Luhmann's sociological theory treats lawâ??along with politics, economics, media, and ethicsâ??as systems of communication. His theory not only offers profound and novel insights into the character of the legal system in modern society, but also provides an explanation for the role of jurisprudence as part of that legal system. In this work, the authors explore and develop Luhmann's claim that jurisprudence is part of law's self-description, a part of the legal system which, as a particular kind of legal communication, orientates legal operations by explaining law to itself. This approach has the potential to illuminate many of the interminable debates amongst and between different schools of jurisprudence on topics such as the origin and/or source of law, the nature of law's determinacy or indeterminacy, and the role of justice. The authors' introduction to Luhmann's systems theory concentrates on the concept of closure and the distinct disposition of law's openness to its environment. From this beginning, A Sociology of Jurisprudence goes on to offer a sustained and methodical application of systems theory to some of the traditional forms of jurisprudence: natural law and its relationship with legal positivism, Dworkin's version of natural law, Kelsen's version of legal positivism, and critical legal studies. This application of systems theory alters our perception of jurisprudence and better enables us to understand its role within law.
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Social Control Through Law

Author: Roscoe Pound

Publisher: Transaction Publishers

ISBN: 9781560009160

Category: Law

Page: 138

View: 6451

In Social Control Through Law Roscoe Pound formulates a list of social-ethical principles with a three-fold purpose. First, they are meant to identify and explain human claims, demands, or interests of a given social order. Second, they express what the majority of individuals in a given society want the law to do. Third, they are meant to guide the courts in applying the law. Pound distinguishes between individual interests, public interests, and social interests. He warns that these three types of interests are overlapping and interdependent and that most claims, demands, and desires can be placed in all three categories. Pound's theory of social interests is crucial to his thinking about law and lies at the conceptual core of sociological jurisprudence.
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Der Zweck im Recht

Author: Rudolf von Jhering

Publisher: N.A

ISBN: N.A

Category: Law

Page: 557

View: 9466

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A Sociological Theory of Law

Author: Niklas Luhmann

Publisher: Routledge

ISBN: 1135142556

Category: Law

Page: 424

View: 5989

Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.
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Rechtssoziologie

Author: Niklas Luhmann

Publisher: N.A

ISBN: N.A

Category: Law

Page: 381

View: 5837

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Law as a Social Institution

Author: Hamish Ross

Publisher: Hart Publishing

ISBN: 1841132306

Category: Law

Page: 176

View: 5378

This book develops the rudiments of a sociological perspective on state law and legal theory. It outlines a distinctive approach to theoretical enquiry that offers an improved understanding of law as a social and institutional phenomenon. The book draws upon Max Weber's sociological and juristic writings as a context in which to explore themes arising or selectively developed from a critical reassessment of key aspects of H.L.A. Hart's theory of law. The discussion initially centers around three problematical areas or "Gordian Knots" - essentially weaknesses in the analytical nucleus of The Concept of Law, matters of misplaced emphasis and other elements that, it is argued, have obscured fundamental aspects of a perceived social reality. Using the critique as a point of departure, the book explores key issues that Hart merely touched upon or seemingly passed over: the role of the (sociologically inclined) jurist, the defensibility of an "institutional insider's" perspective, the institutional behavioral dimension of the legal world, and the relational and social power dynamics of law-affected human behavior.
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Evaluation and Legal Theory

Author: Julie Dickson,John Gardner

Publisher: Hart Publishing

ISBN: 1841131849

Category: Law

Page: 148

View: 7503

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Balancing of interests

liber amicorum Peter Hay zum 70. Gerburtstag

Author: Hans-Eric Rasmussen-Bonne

Publisher: Verlag Recht und Wirtschaft

ISBN: 9783800514373

Category: Comparative law

Page: 533

View: 1726

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A General Jurisprudence of Law and Society

Author: Brian Z. Tamanaha

Publisher: Oxford University Press on Demand

ISBN: 9780199244669

Category: Law

Page: 263

View: 1353

A theoretical and sociological exploration of the relationship between law and society, this book constructs an approach to law that integrates legal theory with sociological approaches to law. Law is generally understood to be a mirror of society--a reflection of its customs and morals--that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society, engaging in a theoretical and empirical critique of this common understanding.
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Classic Writings in Law and Society

Second Edition, Revised and Expanded

Author: A. Javier Trevino

Publisher: Transaction Publishers

ISBN: 1412844606

Category: Social Science

Page: 388

View: 8321

This volume consists of outstanding essays by contemporary scholars and specialists on classic writings in law and society. This second edition expands the previous volume by adding additional statements. Included are commentaries on Edward A. Ross’s Social Control: A Survey of the Foundations of Order, Karl N. Llewellyn’s Jurisprudence: Realism in Theory and Practice, Jerome Frank’s Law and the Modern Mind, Leon Petrazycki’s Law and Morality, and Karl Renner’s The Institutions of Private Law and their Social Functions. The goal of Classic Writings in Law and Society is to acquaint a new generation of students with classic writings by diverse social and legal scholars—ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. This work continues to demonstrate their contemporary theoretical relevance. Accordingly, each chapter speaks of the scholars’ work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a present day context. These essays have a clear relation to the "classic" tradition in sociolegal thought. Reading the classics is useful in gaining a better understanding and appreciation of the essential foundation for a post-classic approach in law and social inquiry—an approach that can be found in such orientations as critical legal studies, chaos theory in law, and legal semiotics. Classic Writings in Law and Society includes commentaries that consider early writings that set the standard for the social scientific approach in examining issues of law and punishment, social control, joint stock companies, business firms and nation-states in the study of law and society.
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The Oxford Companion to Politics of the World

Author: Joel Krieger,Margaret E. Crahan

Publisher: Oxford ; New York : Oxford University Press

ISBN: 0195117395

Category: Political Science

Page: 1018

View: 3607

A one-volume, A-Z encyclopaedia designed as a comprehensive resource for understanding the complex terrain of world affairs.
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Law and Morality

Author: Leon Petrażycki

Publisher: Transaction Publishers

ISBN: 1412814693

Category: Law

Page: 335

View: 7258

Petrazycki's socio-psychic orientation toward law is behavioral as well as thoughtful. He finds the most suitable methods for obtaining knowledge about legal experiences to be internal and external observation. His technique of introspection is similar to Max Weber's conceptual method. Petrazycki distinguishes between two kinds of interpretive understanding. External observation involves deriving the meaning of an act or symbolic expression from immediate observation without reference to any broader context, and internal observation involves placing the particular act in a broader context of meaning involving facts that cannot be derived from a particular act or expression. --
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Jurisprudence for a Free Society

Studies in Law, Science, and Policy

Author: Harold Dwight Lasswell,Myres Smith Macdougal

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792309895

Category: Law

Page: 1

View: 927

"Jurisprudence For a Free Society" is a remarkable contribution to legal theory. In its comprehensiveness and systematic elaboration, it stands among the major theories. It is also the most important jurisprudential statement to emerge in the post-war period. The pioneering work of Lasswell and McDougal on law and policy is already legendary. Most of the work produced by these scholars together and in collaboration with their students represent applications of their basic theory to a wide assortment of international and national legal and policy problems. Now, for the first time, the authoritative statement of their legal philosophy appears as a single volume. In Part I the authors develop their fundamental criteria for a theory about law, including the requirements of clarifying observational standpoint, focus of inquiry and the pertinent intellectual tasks incumbent on the scholar and decisionmaker for determining and achieving common interests. Trends in theories about law, including Natural Law, the Historical School, Positivism, the Sociological Study of Law, American Legal Realism and other contemporary theories, are explored for what they might contribute to the achievement to the authors' conception of an adequate jurisprudence. In Part II, the social process as a whole and the particular value-institutional processes that comprise it are described and analyzed. Because people establish, maintain and change institutions, the dynamics of personality and personality's relation to law is delineated. Part III explores the intellectual tasks of policy thinking, from clarification of values, through description of trend, the scientific examination of conditions, projection of futuredevelopments and the invention of alternatives. Part IV examines the structure of decision in a free society, a society in which the achievement of human dignity is confirmed in both word and deed. Six appendices bring together monographs by the authors over a period of forty years which deal, in more detail, with particular matters treated in the body of the book.
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Allgemeine Rechtslehre und Marxismus

Versuch einer Kritik der juristischen Grundbegriffe

Author: Evgenij B. Pašukanis

Publisher: N.A

ISBN: 9783924627799

Category: Law

Page: 203

View: 1604

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Rethinking Indian Jurisprudence

An Introduction to the Philosophy of Law

Author: Aakash Singh Rathore,Garima Goswamy

Publisher: Taylor & Francis

ISBN: 1351106635

Category: Law

Page: 218

View: 4117

What is law? What is the source of law? What is the law for? How does law differ from other norms or codes of conduct? What is the difference between law and morality? Who is obligated to follow the law and why? What is the difference between moral and legal obligation? This book addresses these foundational questions about the law in general, and seeks to reorient our thoughts to the specific nature of law in India, the India of today, and the possible India of the future. This volume: covers relevant foundational elements, concepts and questions of the discipline; brings the uniqueness of Indian Philosophy of Law to the fore; critically analyzes the major theories of jurisprudence; examines legal debates on secularism, rationality, religion, rights and caste politics; and presents useful cases and examples, including free speech, equality and reservation, queer law, rape and security, and the ethics of organ donation. Lucid and accessible, the book will be indispensable to students, teachers and scholars of law, philosophy, politics as well as philosophy of law, sociology of law, legal theory and jurisprudence.
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Theorie der Rechtsquellen

ein Beitrag zur Theorie des positiven Rechts auf Grundlage dogmenhistorischer Untersuchungen

Author: Alf Ross

Publisher: N.A

ISBN: N.A

Category: Jurisprudence

Page: 458

View: 849

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Law's Meaning of Life

Philosophy, Religion, Darwin and the Legal Person

Author: Ngaire Naffine

Publisher: Hart Pub Limited

ISBN: N.A

Category: Law

Page: 208

View: 3910

The perennial question posed by the philosophically-inclined lawyer is "What is law?" or perhaps "What is the nature of law?" This book poses an associated (but no less fundamental) question about law which has received much less attention in the legal literature. This question is: "Who is law for?" Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are basic to legal-decision making. They form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings, or whether it also speaks to and for human infants, adults with impaired reasoning, the comatose, fetuses, and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons? Are they considered sufficiently rational, sacred, or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyzes four influential ways of thinking about legal persons, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology, while the fourth is strictly legalistic and so endeavors to eschew metaphysics altogether. The book offers a clear, coherent, and critical account of these complex moral and intellectual processes entailed in the making of legal persons.
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Jurisprudence

Realism in Theory and Practice

Author: Karl N. Llewellyn

Publisher: Transaction Publishers

ISBN: 1412813786

Category: Philosophy

Page: 549

View: 2136

Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues. Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions. Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between "law in books" and "law in action" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.
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