Satire and the law: the case of Horace

2001 ◽  
Vol 47 ◽  
pp. 81-102 ◽  
Author(s):  
Thomas A. J. McGinn
Keyword(s):  
Small Degree ◽  
Sociology Of Law ◽  
Philosophical Discussion ◽  
Professional Discourse ◽  
Cultural Phenomenon ◽  
Roman Literature ◽  
Literary Metaphor ◽  
Black Letter ◽  
The Law ◽  
Legal Expertise

The idea of examining law as a cultural phenomenon seems surprisingly underappreciated – especially by legal scholars. Black-letter law, sociology of law, Eigentum und Besitz, law and life, life and law (which of you imitates the other?), all rank among the usual suspects in professional discourse, to the evident exclusion of law as culture. This is of course potentially a broad topic, even if we limit it to the assumptions or assertions about law found in literary discourse, an area of study that naturally requires no small degree of non-legal expertise. That may be the difficulty. A few exceptions, whom I admire and hope to emulate – for their ambitious, pioneering spirit, have spied an opportunity here. Perhaps the best-known example of this approach is John Crook, who writes:… legal talk and terminology seem rather more frequent and more at home in Roman literature than in ours. Legal terms of art could be used for literary metaphor, could be the foundation of stage jokes or furnish analogy in philosophical discussion. And a corollary of this is that many a passage of Latin belles lettres needs a knowledge of the law for its comprehension.Crook, disappointingly, lets it go at that, failing to fulfil the promise of boundless opportunity expressed in the last sentence.

Reading Max Weber's Sociology of Law

2020 ◽  
Author(s):  
Hubert Treiber
Keyword(s):  
Sociology Of Law ◽  
Important Work ◽  
Research Setting ◽  
Stages Of Development ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
Comprehensive Study

More than a simple guide through a complicated text, this book serves both as an introduction and as a distillation of more than thirty years of reading and reflection on Max Weber's scholarship. It is a solid and comprehensive study of Weber and his main concepts. It also provides commentary in a manner informed both historically and sociologically. Drawing on recent research in the history of law, the book also presents and critiques the process by which the law was rationalized and which Weber divided into four ideal-typical stages of development. It contextualizes Weber's work in the light of current research, setting out to amend misinterpretations and misunderstandings that have prevailed from Weber's original texts. Ultimately, this volume is an important work in its own right and critical for any student of the sociology of law.

Taking Children’s Human Rights Seriously

2020 ◽  
pp. 48-69
Author(s):  
Michael Freeman
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Popular Media ◽  
Children’S Rights ◽  
Ronald Dworkin ◽  
Philosophical Discussion ◽  
Persuasive Argument ◽  
The Law ◽  
Deficit View

Despite the development of the children’s rights movement, human rights scholarship continues to overlook the rights of children. Even those like Ronald Dworkin, who proclaim the need to take rights seriously, are curiously silent, even ambivalent, when it comes to children. This inattention often forces advocates of children’s rights to the margins of human rights scholarship. In the few places where serious philosophical discussion of children’s rights does take place, the analysis intends to diminish the value of rights for children. These critics are not malevolent, and typically want what is best for children, but they do not think it can be accomplished through a children’s rights agenda. This chapter lays out a persuasive argument for a children’s rights agenda, or, for taking children’s rights seriously. Drawing from philosophy, history, literature, popular media, and of course the law, this chapter argues against the conventional deficit view underlying most arguments against the recognition of children’s rights and makes a case for the importance of children’s rights where rights are the currency in use.

Legal Expertise: A Critical Resource for Trade Unionists? Insights into the Confédération Française Démocratique du Travail

2020 ◽  
Author(s):  
Cécile Guillaume
Keyword(s):  
Qualitative Research ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Institutional Power ◽  
Collective Redress ◽  
Critical Resource ◽  
The Law ◽  
Legal Expertise

Abstract Based on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.

On the Use of the Humanities for Legal Expertise: The New Advocate

2021 ◽  
pp. 174387212110066
Author(s):  
Edward Mussawir
Keyword(s):  
Alexander The Great ◽  
Main Text ◽  
The Law ◽  
Law And Humanities ◽  
Legal Expertise

This paper presents a response to the question of whether there is or should be a law and humanities canon. It is Franz Kafka’s The New Advocate (Der Neue Advokat). Between the lines of this text, a brief argument has been added concerning the use of the humanities for legal expertise. While the main text – a work of fiction – narrates the story of Dr Bucephalus, the war-horse of Alexander the Great, and his becoming admitted to practice as an advocate and to study the law, the added argument contributes little by way of additional commentary or interpretation of this fiction. Instead it suggests that legal scholars, rather than treating their art and expertise as a means only to advocate for public causes, should also not neglect the studious inutility of it. The suggestion states that jurisprudence is the source of this expertise and therefore, in so far as it ensures that law may be studied out of a genuine scholarly interest in it, remains the site for a work of law and the humanities. The main text concludes that it may be better to have done what Bucephalus has done and, under a quiet lamp, to bury oneself in the lawbooks.

scholarly journals Religious Leader’s Views Living Hadith Practices in Malaysia

2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Nurul Ain Burhanuddin
Keyword(s):  
Research Methodology ◽  
Muslim Community ◽  
Cultural Phenomenon ◽  
Living Tradition ◽  
The Law ◽  
Moral Demands

Living Hadith is a cultural phenomenon of society based on the hadith of the Prophet saw. It is a pattern of behavior that is part of the interaction of Muslims with hadith. This study is to examine the extent to which the practice of sunnah is still practiced among the Muslim community in Malaysia. In addition to explaining the practice of sunnah in the perspective of Living Hadith. The research methodology is based on the interviews of five respondents consisting of muftis, academics, religious figures who are active with the community. The findings show that living tradition phrase less is known in the Muslim community in Malaysia, there is a Sunnah practice in perspective Living in Malaysia Hadith and Sunnah is a customary practice that is often practiced by the Malays in Malaysia. It is a pure practice that needs to be applied in society in order to be in line with the religious and moral demands of Rasulullah saw. However, the community also needs to be guided to accept this practice of sunnah as an encouragement and encouragement of goodness that must be implemented. It is not a mandatory practice such as the law of performing prayers and fasting in the month of Ramadan. Therefore, the Malaysian society still sees the living hadith in the context of the practice of sunnah which is still related to the hadith and sunnah of the Prophet saw

scholarly journals How Sociology Perspective Influence Law with a Social Contexts? A Book Review “Pokok-Pokok Sosiologi Hukum”, Prof Dr Soerjono Soekanto SH MA, Rajawali Pers, 269 Pages, ISBN 979-421-131-1

2021 ◽  
Vol 3 (2) ◽  
pp. 251-256
Author(s):  
Abraham Abraham
Keyword(s):  
Social Science ◽  
Social Factors ◽  
Social Contexts ◽  
Sociology Of Law ◽  
The Social ◽  
Patterns Of Behavior ◽  
The Law ◽  
Legal Sociology

sociology of law examines why humans obey the law and why it fails to obey the law and the social factors that influence it. as a relatively new branch of sociology, the science of legal sociology was developed to explain the interrelationships of patterns of behavior and law that cannot yet be explained by other branches of social science.

“Critical Empricism” and American Critical Legal Studies: Paradox, Program, or Pandora's Box?

2011 ◽  
Vol 12 (1) ◽  
pp. 115-158 ◽  
Author(s):  
David M. Trubek ◽  
John Esser
Keyword(s):  
Empirical Research ◽  
Legal Order ◽  
Law And Society ◽  
Sociology Of Law ◽  
Critical Legal Studies ◽  
Critical Sociology ◽  
Legal Scholarship ◽  
Legal Studies ◽  
The Law

What should we make of Susan Silbey's call for socio-legal scholarship that is both critical and empirical? Do we think the law and society movement can and should develop a critique of the legal order? Can empirical research contribute to such a critique? Does the idea of a “critical sociology of law” make any sense at all?

Stone Roots, Digital Leaves: Czech Law against Unfair Competition in the Internet Era

2008 ◽  
Vol 33 (2) ◽  
pp. 155-180 ◽  
Author(s):  
Radim Polčák
Keyword(s):  
Legal System ◽  
Case Law ◽  
Unfair Competition ◽  
The Internet ◽  
Business Practices ◽  
Black Letter ◽  
The Law ◽  
Legislative Changes ◽  
Further Development

AbstractThe law against unfair competition is traditionally understood in countries of the Alpine legal system as extraordinary and unconventional. Unlike other legal disciplines, it does not rely on black-letter law; it is less formal and less legislatively elaborative in detail. Thus, progress and development in this area is not a matter for the legislator but for broad practically-driven doctrinal work connected to contemporary case law. When the Internet brought new opportunities in the development of business ventures, Czech law against unfair competition did not react with legislative changes but by the further development of standard interpretational patterns. In this article, we will briefly describe the grounds as well as recent related developments in the Czech law against unfair competition connected to unfair business practices on the Internet.

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