The Possibilities and Perils of Legal Studies

1991 ◽  
Vol 6 ◽  
pp. 1-26 ◽  
Author(s):  
Neil Sargent
Keyword(s):  
Professional Practice ◽  
Primary Source ◽  
Interdisciplinary Approach ◽  
Legal Doctrine ◽  
Legal Studies ◽  
Intellectual Inquiry ◽  
Privileged Status ◽  
Knowledge Claims ◽  
Intellectual Climate ◽  
Object Of Knowledge

AbstractThe paper explores the possibilities and perils of an interdisciplinary approach to legal studies emerging as an alternative intellectual paradigm to the doctrinal tradition within legal scholarship. The privileged status accorded to the doctrinal tradition within the legal academy is sustained by its continued importance in providing a link between law as a field of intellectual inquiry and law as a field of professional practice. Despite the promise of a more pluralistic intellectual climate within the legal academy, it seems unlikely that an interdisciplinary approach to legal studies will succeed in challenging the preeminence of legal doctrine as the primary source of professional-knowledge claims about law. At the same time, however, any attempt to claim legal studies as a separate field of intellectual inquiry outside the legal academy confronts many of the same doubts about the nature of law as a unitary object of knowledge as the doctrinal tradition from which it seeks to distance itself. The paradox of the legal studies project is that whenever it tries to free itself from the embrace of the doctrinal tradition, it confronts epistemological doubts about the conditions for its own existence. It appears, therefore, that the legal studies project is destined to continue its labours in the shadow of the law.

Reciprocal Processes of Human Dying and Its Activities

2021 ◽  
Vol 21 (1) ◽  
pp. 104-111
Author(s):  
Alexey E. Shishkin
Keyword(s):  
Social Order ◽  
Systems Approach ◽  
Primary Source ◽  
Interdisciplinary Approach ◽  
Functional Method ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
History Of ◽  
The Stability ◽  
The Mind

Introduction. In this article, we investigate the reasons for the “disappearance” of man in the context of his rejection of God, history, culture, nature. We are interested in a two-fold approach to understanding death: a) all perishable and imitative activity is a signal of the dying of both consciousness and a person; b) a material, fractional and secular person cannot construct Beauty, Truth, Eternity. Methods. The interdisciplinary approach showed a kink in a person from different angles. The hermeneutic approach helped to reveal the inner content of the concept of “death”. The systems approach showed the breadth of the studied object of death, affecting all institutional structures and spheres of life. The structural-functional method helped to present the phenomenon of death in a detailed manifestation both in ontogeny and phylogeny. The value-institutional analysis helped to realize the stability of the social order through the fixation of basic values in the mind. General scientific methods of cognition were used: induction and deduction, analysis and synthesis, the unity of the logical and the historical, the ascent from the concrete to the abstract. Results. If a person does not have transcendences, then the focus of understanding narrows, and the spiritual and moral parameters are replaced by consumerist ones. If a person defends only the immanence of being, then in a lonely and lonely state, his remoteness from the Primary Source means his own sentence to contentment with the ultimate “nothing”. Charles Tylor, through the concept of a “closed” or “horizontal” world, defines the nonsense of a person who is inside a transcendental structure. Discussion and Conclusion. The theme of death has shown the “cross-cutting nature” of the problem of domination/dependence on human death throughout the history of philosophy.

Skepticism and the Apologetics of Law

1990 ◽  
Vol 3 (1) ◽  
pp. 69-90
Author(s):  
David M. Adams
Keyword(s):  
Social Inequalities ◽  
Legal Theory ◽  
Political Liberalism ◽  
Common Law ◽  
Legal Doctrine ◽  
Legal Studies ◽  
Radical Critique ◽  
Economic Forces ◽  
Basic Approaches ◽  
Basic Features

Contemporary legal theory is increasingly marked by the clash between two opposing, basic approaches to law and legal doctrine. The first approach is skeptical: it seeks both to expose the conceptual and normative commitments of tort or contract or constitutional law, and to impeach them on the grounds that they comprise what are in fact incoherent and morally insupportable ideologies. By contrast, the second approach is explicitly apologetic: it aims to celebrate law by offering a reconstruction and justification of the basic features of constitutional or statutory or common law practice. The first approach is of course represented by the “deconstructionism” imported into law from literary and social theory by those scholars associated with the Critical Legal Studies (“CLS”) movement. At its most controversial, the work of these recent legal skeptics seeks to link traditional legal doctrine, and the modes of analysis and pedagogic methods peculiar to it, with a radical critique of political liberalism by showing that the doctrine and its methods serve to legitimate existing social inequalities, hierarchies, and forms of domination, while at the same time obscuring their own legitimating role. One important corollary of this general thesis is the emphasis upon what Roberto Unger has called “the contradictory and manipulable character of legal doctrine”, i.e., the effort, inspired by the familiar deconstructionist premise that texts lack any fixed or stable and coherently formulable meaning, to “deconstruct” the basic categories of (liberal) legal discourse with the aim of exposing tensions and inconsistencies inherent within them, and of depicting the responsiveness of this “patchwork quilt” to background social, political, and economic forces.

scholarly journals Integrating Hydrogeological and Microbiological Data and Modelling to Characterize the Hydraulic Features and Behaviour of Coastal Carbonate Aquifers: A Case in Western Cuba

Water ◽  
2019 ◽  
Vol 11 (10) ◽  
pp. 1989 ◽  
Author(s):  
Rebeca Hernàndez-Diaz ◽  
Emma Petrella ◽  
Antonio Bucci ◽  
Gino Naclerio ◽  
Alessandra Feo ◽  
...  
Keyword(s):  
Primary Source ◽  
Interdisciplinary Approach ◽  
Mixing Processes ◽  
Fresh Groundwater ◽  
Experimental Modelling ◽  
Carbonate Aquifers ◽  
Saltwater Wedge ◽  
Microbiological Data ◽  
Modelling Approach

Carbonate aquifers are the primary source of freshwater in Cuba. Unfortunately, coastal groundwater is often contaminated by seawater intrusion. The main aim of the present study was to test the efficacy of an experimental modelling approach, ranging from hydrogeology/geomorphology to microbiology, to better characterise both the hydraulic features and behaviour of a coastal carbonate aquifer and acquire useful information to prevent groundwater salinization. The interdisciplinary approach was an effective tool in order to understand (i) the hydraulic role played by some fault zones; (ii) the influence of discontinuous heterogeneities on groundwater flow and saltwater wedge shape; (iii) mixing processes between different water bodies (groundwater, surface water, seawater); (iv) the role of karst conduits in influencing the step-like halocline within the mixing zone between fresh groundwater and seawater.

The Construction of Whiteness

2016 ◽  
Keyword(s):  
Interdisciplinary Approach ◽  
Critical Study ◽  
White Skin ◽  
Legal Studies ◽  
Communication Law ◽  
The Social ◽  
Ideological Influence ◽  
American Society ◽  
Construction Of Whiteness ◽  
New Generation

The Construction of Whiteness is an interdisciplinary collection of essays that examines the crucial intersection between whiteness as a privileged racial category and the various material practices (i.e. social, cultural, political, and economic) that underwrite its ideological influence in American society. In truth, whiteness has rarely been understood outside of academic circles as a problem to be examined, questioned, or interrogated. This is because the ubiquity of whiteness—its pervasive quality as an ideal that is at once omnipresent and invisible—makes it the very epitome of the social and cultural mainstream in America. Yet the undeniable relationship between whiteness and structures of inequality in this country necessitate a thorough interrogation of its formation, its representation, and its reproduction. The essays in this collection seek to do just that; that is, interrogate whiteness as a social construction, thereby revealing the underpinnings of narratives that fosters white skin as the ideal standard of beauty, intelligence, and power. The essays in this collection examine whiteness from several disciplinary perspectives, including history, communication, law, sociology, and literature. Its breadth and depth makes The Construction of Whiteness a standard anthology for introducing the critical study of race to a new generation of scholars, undergraduates, and graduate students. Moreover, the interdisciplinary approach of the collection will necessarily appeal to those with scholarly orientations in African and African American Studies, Ethnic Studies and Cultural Studies, Legal Studies, etc. This collection, therefore, makes an important contribution to the field of whiteness studies, broadly conceived, in its multifaceted connections to American history and culture.

Accountants’ role in the management of succession: empirical evidence from Italy

2016 ◽  
Vol 6 (3) ◽  
pp. 270-290 ◽  
Author(s):  
Francesca Maria Cesaroni ◽  
Annalisa Sentuti
Keyword(s):  
Professional Practice ◽  
Family Members ◽  
Interdisciplinary Approach ◽  
Holistic Approach ◽  
Real Problem ◽  
Content Type ◽  
Alternative Approach ◽  
Succession Process ◽  
Practical Implications

Purpose The purpose of the this paper is to understand what is the approach adopted by accountants when they provide advisory services to family businesses (FBs) involved in a succession process. Design/methodology/approach Data for this study were collected through a questionnaire survey involving 175 Italian certified accountants. They answered questions about their experience, attitudes, behaviors and opinions toward FB succession. Findings Accountants are mostly concerned with technical elements and solutions (hard issues) and are less careful about relations and communication between family members (soft issues). They also underestimate the relevance of the ability to empathize with the FB owner and other family members. Despite the literature recommendations to collaborate with other advisors from a variety of backgrounds, most of the accountants work on their own or with other experts on hard issues (notaries, lawyers and bank operators). All these aspects may cause a discrepancy between FBs’ expectations and accountant’s professional practice. Research limitations/implications Results are mainly descriptive and are limited to the perceptions and experiences of accountants interviewed. Practical implications This study offers some guidance for the accountant’s professional practice. Even if accountant’s technical skills are undoubtedly essential when addressing the main hard issues posed by succession, soft issues often represent the real problem to be managed or the most complicated one. Accountants should help less aware entrepreneurs to acquire a better knowledge of succession and to adopt a holistic approach, integrating every dimension and perspective involved. This means that succession should be tackled through an interdisciplinary approach. Originality/value The research on the role of external subjects in family succession examines, above all, the perspective of the FB. This study offers an alternative approach, adopting the accountant’s perspective to analyze his/her role and experience in the management of succession.

Legal Consciousness and Its Significance for Law and Society Teaching Outside Canadian Law Schools

2003 ◽  
Vol 18 (1) ◽  
pp. 61-65 ◽  
Author(s):  
Lesley A. Jacobs
Keyword(s):  
Undergraduate Students ◽  
Liberal Arts ◽  
Professional Training ◽  
Law And Society ◽  
Law Schools ◽  
Legal Doctrine ◽  
Canadian Universities ◽  
Legal Studies ◽  
Canadian Law ◽  
Undergraduate Programs

One of the recommendations made in Law and Learning is that “[t]he teaching of law in the liberal arts and other faculties should be encouraged.” Earlier in its report, the authors acknowledged the existence of legal studies programs outside law faculties in Canada and emphasized that in these programs legal doctrine exerts much less influence on the direction of study than in law schools. Law teaching in these programs, the Consultative Group explains, “has many attractions. It relieves the subject of its professional training connotations, facilitates integration of legal study and research with parallel activities in other disciplines, and recognizes that law ought to be understood by and subject to the critical scrutiny of as many citizens as possible.”Although the praise in Law and Learning for legal studies programs outside law faculties and especially in faculties of arts and social sciences in Canadian universities is considerable, it is significant I believe that the report does not explain why the teaching of legal doctrine – legal rules – is not central to these legal studies programs, and in particular law and society undergraduate programs. Indeed, the demand from incoming undergraduate students and ordinary citizens is overwhelmingly for these programs to offer courses on legal doctrine. And some programs in Canadian universities comply. Why not teach legal doctrine in these programs? Why should the study of law in these programs be so different from that found in Canadian law schools?

scholarly journals How to Launch a Doctoral Interdisciplinary Leadership Program

2015 ◽  
Vol 1 (1) ◽  
pp. 14 ◽  
Author(s):  
Barbara L Brock ◽  
Isabelle Cherney ◽  
James R. Martin ◽  
Jennifer Moss Breen ◽  
Gretchen Oltman
Keyword(s):  
Social Justice ◽  
Professional Practice ◽  
Ethical Decision Making ◽  
Doctoral Program ◽  
Interdisciplinary Approach ◽  
Lessons Learned ◽  
Academic Disciplines ◽  
Leadership Programs ◽  
Student Body ◽  
Leadership Program

<p>Building a doctoral program in leadership is never an easy task, and building an interdisciplinary doctoral program is even more difficult. Yet, it is the interdisciplinary approach that differentiates typical leadership programs from others and offers learners an integrated view of leadership theories and practices. This special report presents an example of designing and implementing an interdisciplinary doctoral program that promotes social justice leadership. Drawing from firsthand experiences of program faculty, staff, and administration, we share lessons learned and the logic behind adopting an interdisciplinary approach for those creating programs that seeks to promote social justice. We found that by allowing students and faculty to convene together, rather than disperse into separate, isolated academic disciplines, emerging scholar-practitioners are encouraged to engage in realistic, professional practice investigation and problem-solving techniques. Through this experience, we also found that conscious coursework design involves integrating multiple, often quite divergent, disciplines into a core set of courses. Additionally, we learned that unifying students through a common mission permits distinctive discussions, including personal reflection and ethical decision-making opportunities among the concepts, constructs, and knowledge that extend beyond disciplinary lines (Cherney et al., 2012). We also found that cultivating a diverse student body and faculty base requires everyone to work strategically within the program, recognizing the call for coherence and consistency across disciplinary lines. Finally, we discovered that developing a dissertation in practice allows students to implement an evidence-based solution within their professional practice setting as their pinnacle doctorate work (Herr &amp; Anderson, 2014; Olson &amp; Clark, 2009). We conclude this paper by reiterating our finding that leadership programs that promote social justice are enhanced by adopting an interdisciplinary approach as this allows for the creation of a program that challenges students to learn at a more complex level, faculty to integrate disciplines, and programs to promote socially just ideals. We discuss implications for other schools seeking to develop an interdisciplinary doctoral leadership program.</p>

scholarly journals The Comparative Sociology of Legal Doctrine: Thoughts on a Research Program

2020 ◽  
Vol 21 (7) ◽  
pp. 1362-1377
Author(s):  
Christian Boulanger
Keyword(s):  
Empirical Study ◽  
Research Program ◽  
Research Agenda ◽  
Legal Research ◽  
Legal Doctrine ◽  
Comparative Sociology ◽  
Legal Studies ◽  
Working Definition ◽  
Definition Of ◽  
The Uk

AbstractIn the context of the encounter of UK and German socio-legal studies in this issue, this Article develops preliminary thoughts on a research agenda for the comparative interdisciplinary empirical study of legal doctrine. Based on a working definition of doctrine as an institutionally legitimized practice of making statements on the law, it presents an overview of sociological and comparative theorizing about doctrine in Germany, and of the data and methods being used to study it, in order to identify similar or diverging trends in the UK and elsewhere. This Article aims to show that legal doctrine, which is often regarded by non-lawyers as arcane and/or tedious, is an interesting and important subject for comparative socio-legal research.

Die gute fachliche Praxis

2021 ◽  
Author(s):  
Anthea Luisa Pitschel
Keyword(s):  
Environmental Protection ◽  
Professional Practice ◽  
Environmental Law ◽  
Interdisciplinary Approach ◽  
Administrative System ◽  
Structural Element

The author deals with the significance of agriculture in the context of the current environmental protection debate and recognises environmental protection as a question of fate for the coming decades. She analyses whether the concept of good professional practice as a structural element of agri-environmental law is a suitable steering instrument in the field of tension between economic and ecological interests in agriculture and points out approaches for amendment. The work is based on a holistic, interdisciplinary approach, in the context of which the underlying problem is grasped in the overall context of agri-environmental law and the administrative system, and is therefore not only of interest to legal scholars.

Տրանսցենդենտալ ֆենոմենալոգիան որպես իրավական հետազոտությունների իրականացման մեթոդ

2021 ◽  
pp. 258-274
Author(s):  
Gevorg Barseghyan ◽  
Mane Markosyan ◽  
Hrayr Hovakimyan
Keyword(s):  
Transcendental Phenomenology ◽  
Phenomenological Approach ◽  
Legal Regulation ◽  
Law School ◽  
Point Of View ◽  
Legal Doctrine ◽  
Legal Studies ◽  
Advantages And Disadvantages ◽  
Positive Law ◽  
The One

This article examines the essential meanings of phenomenological philosophy and law school of transcendental phenomenology. Attention is paid to methodological features of phenomenological approach of legal perception. In the context of domestic legal doctrine, attention is paid to both advantages and disadvantages of this approach. Conclusion is made that phenomenology is a specific, effective methodology synthesizing diverse explorative perceptions. Phenomenology, as a theory and methodology of law, is part of non-classical legal science, separate elements of this method are used in the context of other non-classical legal approaches such as hermeneutics and axiology of law. It must be emphasized that phenomenology of law is an alternative to sociological and natural-legal perception of law and, at the same time, in its context the synthesis of these two methods of legal exploration is done to some extent. The main feature of legal phenomenology is its orientation to modern law as a sociological process that is going on in the world of “open” life on the one hand, and to potential law as a basis for universal ideal law, on the other hand. Phenomenological approach can be used as a mechanism for exploring current positive law. From such point of view, ideal legal system is discovered in any legal regulation due to which the enforcement of legal regulation is exercised. The purpose of this work is to conduct a comprehensive study of transcendental phenomenology of law as a method of conducting legal study. In order to satisfy the purpose set above, the following problems are introduced.  The study of transcendental phenomenology as an approach,  The study of transcendental phenomenology as a research method,  The reveal of transcendental phenomenology essence as a means of methodology of acknowledgement of law. The methodological basis of this article are the dialectical and historical methods. The object and subject of the research were observed using such general and special methods of scientific knowledge, as dogmatic, comparative-legal, legal modeling, logical analysis. Based on the analysis made in the context of this work, suggestions are made which are directed at developing the efficiency of phenomenology as a means of conducting legal studies, as well as the accomplishment of legal modeling.

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