Sociology Of Law As The Science Of Norms

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Sociology of Law as the Science of Norms

Author : Håkan Hydén
Publisher : Routledge
Page : 316 pages
File Size : 50,9 Mb
Release : 2021-12-28
Category : Law
ISBN : 9781000533101

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Sociology of Law as the Science of Norms by Håkan Hydén Pdf

This book proposes the study of norms as a method of explaining human choice and behaviour by introducing a new scientific perspective. The science of norms may here be broadly understood as a social science which includes elements from both the behavioural and legal sciences. It is given that a science of norms is not normative in the sense of prescribing what is right or wrong in various situations. Compared with legal science, sociology of law has an interest in the operational side of legal rules and regulation. This book develops a synthesizing social science approach to better understand societal development in the wake of the increasingly significant digital technology. The underlying idea is that norms as expectations today are not primarily related to social expectations emanating from human interactions but come from systems that mankind has created for fulfilling its needs. Today the economy, via the market, and technology via digitization, generate stronger and more frequent expectations than the social system. By expanding the sociological understanding of norms, the book makes comparisons between different parts of society possible and creates a more holistic understanding of contemporary society. The book will be of interest to academics and researchers in the areas of sociology of law, legal theory, philosophy of law, sociology and social psychology.

Norms and Actions

Author : R. Treves
Publisher : Springer Science & Business Media
Page : 294 pages
File Size : 49,7 Mb
Release : 2012-12-06
Category : Social Science
ISBN : 9789401507905

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Norms and Actions by R. Treves Pdf

The present volume has been planned and prepared in meetings of the Research Committee for the Sociology of Law of the International Sociological Association at the initiative of its chairman, Renato Treves, who also took upon himself editorial responsibility. The first edition of the volume appeared in Italian under the title La socioZogia deZ diritto. ProbZemi e ricerche. It was published in Milano, August I966. The present English edition has the same contents as the Italian volume with the addition of a concluding chapter by J an Glastra van Loon. This publication was undertaken with the purpose of presenting a survey of recent trends in sociology of law in various countries of the world. We hope that the growing interest in the discipline, as evidenced by the large number of publications issued since the Italian edition of this volume, * may be considered as justification for this undertaking. J. v. L. R. T. * We should like to refer to the Law and Society Review published in the United States, to the issue of Acta Sociologica, September 1966, devoted to sociology of law, and finally to the many papers submitted to and discussed at the meetings of the Research Committee for the Sociology of Law during the VIth World Congress of Sociology at Evian. INTRODUCTION by RENATO TREVES I. The sociology 0/ law in its traditional sense and in its more recent developments. Origin and obfects 0/ this work.

Fundamental Principles of the Sociology of Law

Author : Eugene Ehrlich,Klaus A. Ziegert
Publisher : Routledge
Page : 608 pages
File Size : 52,6 Mb
Release : 2017-07-12
Category : Law
ISBN : 9781351518345

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Fundamental Principles of the Sociology of Law by Eugene Ehrlich,Klaus A. Ziegert Pdf

The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich (1862-1922), is of a very high caliber. His work has not only held its place well in view of what legal theory, especially sociological legal theory, has to offer, but is also still a powerful challenge to positions in legal theory that are no longer defensible. The sociology of law has followed in a direct line of succession from Ehrlich's observations and ideas as a new and special discipline linking jurisprudence with sociology.

Social and Legal Norms

Author : Matthias Baier
Publisher : Routledge
Page : 377 pages
File Size : 45,8 Mb
Release : 2016-04-01
Category : Law
ISBN : 9781317054092

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Social and Legal Norms by Matthias Baier Pdf

In an era where new areas of life and new problems call for normative solutions while the plurality of values in society challenge the very basis for normative solutions, this book looks at a growing field of research on the relations between social and legal norms. New technologies and social media offer new ways to communicate about normative issues and the centrality of formal law and how normativity comes about is a question for debate. This book offers empirical and theoretical research in the field of social and legal norms and will inspire future debate and research in terms of internationalization and cross-national comparative studies. It presents a consistent picture of empirical research in different social and organizational areas and will deepen the theoretical understanding regarding the interplay between social and legal norms. Including chapters written from four different aspects of normativity, the contributors argue that normativity is a result of combinations between law in books, law in action, social norms and social practice. The book uses a variety of different international examples, ranging from Sweden, Uzbekistan, Colombia and Mexico. Primarily aimed at scholars in sociology of law, socio-legal studies, law and legal theory, the book will also interest those in sociology, political science and psychology.

Fundamental Principles of the Sociology of Law

Author : Eugen Ehrlich
Publisher : New York : Arno Press, 1975 [c1936]
Page : 602 pages
File Size : 40,6 Mb
Release : 1975
Category : Sociological jurisprudence
ISBN : PSU:000016877054

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Fundamental Principles of the Sociology of Law by Eugen Ehrlich Pdf

In this volume, the auhtor attempts to show that statute law does not explain the whole nature of law. He urges that the law as expressed in judicial decisions should be distinguished from law as expressed in social conduct.

Law In The Sociological Enterprise

Author : Lisa J. McIntyre
Publisher : Routledge
Page : 320 pages
File Size : 53,8 Mb
Release : 2019-03-11
Category : Social Science
ISBN : 9780429720222

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Law In The Sociological Enterprise by Lisa J. McIntyre Pdf

Few would dispute the notion that law has a tremendous impact on modern life. But social scientists who study the dynamics of family, work, and other important social institutions often ignore the pervasive influence of law. This introduction to the legal world and the sociology of law shows how social scientists can better account for the influences of legal issues in a wide range of social settings. Incorporating historical and cross-cultural research into her book, Lisa J. McIntyre explains the general effects of law on interpersonal relations, the concept of the civil contract, and the relationship between law and social norms. She discusses why some societies and domains within societies have more law than others and shows that, contrary to popular wisdom, law is not only a reflection of social values but also fundamental to the formation of those values.

Realistic Socio-legal Theory

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
Page : 304 pages
File Size : 46,7 Mb
Release : 1997
Category : Law
ISBN : 0198265603

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Realistic Socio-legal Theory by Brian Z. Tamanaha Pdf

Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.

Understanding Law in Society

Author : Knut Papendorf,Stefan Machura,Kristian Andenæs
Publisher : LIT Verlag Münster
Page : 291 pages
File Size : 40,7 Mb
Release : 2011
Category : Law
ISBN : 9783643900722

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Understanding Law in Society by Knut Papendorf,Stefan Machura,Kristian Andenæs Pdf

The sociology of law has made impressive progress over the last decades. The present volume brings together scholars from Austria, Britain, Germany and Scandinavia to discuss major developments. The book starts with analyses of the sociology of law advanced by the most outstanding theorists in the field, Max Weber and Niklas Luhmann. Their legacy is assessed by Hubert Treiber, Frank Welz and Inger-Johanne Sand. Next, Hakan Hyden emphases the gain sociology of law could have from a stronger focus on norms. Armin Holand and Ole Hammerslev ask about the effects courts have. Klaus F. Rohl provides an international overview on "alternatives of law", one of the main topics of socio-legal studies since the 1960s. The final article by Stefan Machura in this volume addresses the media's impact on the public's perception of the legal system.

The Sociology of Law

Author : A. Javier Treviño
Publisher : Transaction Publishers
Page : 503 pages
File Size : 50,6 Mb
Release : 2024-06-11
Category : Electronic
ISBN : 9781412834773

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The Sociology of Law by A. Javier Treviño Pdf

Legal Socialization

Author : Ellen S. Cohn,Susan O. White
Publisher : Springer Science & Business Media
Page : 224 pages
File Size : 53,5 Mb
Release : 2012-12-06
Category : Medical
ISBN : 9781461233787

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Legal Socialization by Ellen S. Cohn,Susan O. White Pdf

Legal Socialization - A Study of Norms and Rules examines the varying responses, negative and positive, to rule enforcement, as well as the genesis of these responses and the conditions under which they occur. The book presents the results of a longitudinal, multi-methodological study of the dynamic interaction between norms of behavior and rule enforcement in a natural setting, specifically, a university residential community. This approach allowed for the testing of competing hypotheses drawn from social learning and cognitive developmental theory to determine which was more substantively predictive of legal socialization. The first major section discusses the vital issues involved in understanding legal socialization; the two major legal socialization theories; and the research design of the study carried out by the authors. The second part concentrates on empirically testing the predictions of legal development theory versus social learning theory. The final section explores the interaction between reasoning and rule-enforcing conditions and its importance for understanding legal socialization.

The Sociology of Law

Author : Roman Tomasic
Publisher : Sage Publications (CA)
Page : 284 pages
File Size : 47,7 Mb
Release : 1985
Category : Law
ISBN : STANFORD:36105043870737

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The Sociology of Law by Roman Tomasic Pdf

The Sociology of Law highlights the major concerns of legal sociologists and provides the reader with an overview of the diversity of the field and the theoretical approaches within it. As such, it provides a useful introduction for students to the sociology of law. The first part of the book explores the theoretical paradigms in the sociology of law: the application and development of the ideas of the 'classical' theorists, and discussion of behaviourist theories as well as Marxian and critical legal studies. The second and third parts of the book examine two areas which have provided the core of the sociological study of law: the legal profession and the courts. The fourth part examines the study of policing, social control and the sociology of criminal law. It seeks to evaluate the nature of various sociological theories which have been developed in the context of policing and criminal law research. Finally, law-making and social change are examined, in particular the framing of law, the implementation of law, regulation, knowledge and opinion about law, and legal change.

An Institutional Theory of Law

Author : N. MacCormick,Ota Weinberger
Publisher : Springer Science & Business Media
Page : 242 pages
File Size : 46,7 Mb
Release : 2013-04-17
Category : Philosophy
ISBN : 9789401577274

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An Institutional Theory of Law by N. MacCormick,Ota Weinberger Pdf

Body Law and the Body of Law

Author : Christine M. Hassenstab
Publisher : Walter de Gruyter GmbH & Co KG
Page : 362 pages
File Size : 47,5 Mb
Release : 2015-01-01
Category : History
ISBN : 9783110412772

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Body Law and the Body of Law by Christine M. Hassenstab Pdf

For some legal philosophers, if a law is procedurally correct, enacted in ways constitutionally recognised and agreed upon, then the content is of no significance. It is a “good” law, no matter what it does or justifies. The question of one's consent or opposition to any particular law is extraneous to the legality and is regarded merely as a political matter. The assumption is that a certain procedure and logic in law creation has taken place, and the law can be altered by a change in political leaders in a subsequent political election. However, this view and assumption obscure an uncomfortable fact. Some laws can be “bad” or “immoral.” Critical legal theory suggests that there are often two (or more) sets of laws, and it makes no difference if Lady Justice is blindfolded or not. Laws change in the process of history, in part, because societal norms change. As common understandings of morality evolve, law adapts itself to the new moral environment. Norms can change slowly or rapidly, even within a lifetime. This book examines both social and legal norms and theories of how they are both created. Christine M. Hassenstab investigates how laws on sterilization, birth control and abortion were created, by focusing on the act of legislation; how the law was driven by scientific and social norms during the first and closing decades of the 20th century in the USA (especially in the state of Indiana) and Norway. The primary focus of Body Law and the Body of Law is the sociology of law and how and why the law changes. The author develops the notion “body law” for reproductive policies and uses sociological theories to untie the various strands of social history and legal history and looks at two cases of legislation. The book is divided in to two main sections. The first examines eugenic laws in the USA state of Indiana and Norway during the first decades of 20th century. The second part is about the birth control and abortion debate in both countries throughout the late 1960s and 1970s. Christine M. Hassenstab is a lawyer and sociologist. She served as a criminal defense attorney for 15 years (1987—2001) in Seattle, Washington. Currently, she is an adviser in the EU Grants Office at the Norwegian University of Science and Technology in Trondheim, Norway.

General Theory of Law and State

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
Page : 544 pages
File Size : 46,6 Mb
Release : 2009
Category : International law
ISBN : 9781584777175

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General Theory of Law and State by Hans Kelsen Pdf

Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.

Facts and Norms in Law

Author : Sanne Taekema,Bart van Klink,Wouter de Been
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 51,5 Mb
Release : 2016-07-27
Category : Law
ISBN : 9781785361098

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Facts and Norms in Law by Sanne Taekema,Bart van Klink,Wouter de Been Pdf

Facts and Norms in Law: Interdisciplinary Reflections on Legal Method presents an innovative collection of essays on the relationship between descriptive and normative elements in legal inquiry and legal practice. What role does empirical data play in law? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda, especially for legal scholars doing interdisciplinary work. This timely volume carefully combines critical perspectives from a range of different disciplinary traditions and theoretical positions.