6. Legal realism

2020 ◽  
pp. 173-192
Author(s):  
Raymond Wacks

This chapter first addresses the question: What are realists realistic about? It discusses how this movement had little time for ‘theory’, and regarded the essence of law as what courts actually do in practice. The leading exponents of American realism: Oliver Wendell Holmes Jr, Karl Llewellyn, and Jerome Frank are discussed. They have been criticized for their obsession with courts, juries, lawyers and other features of the legal system, but are regarded as an important bridge to the sociological approach to law. The chapter then examines the Scandinavian realists: Alf Ross and Karl Olivecrona whose approach, while it is described as ‘realist’, is markedly different from their American counterparts. The relationship between Scandinavian realism and psychology is briefly considered.

Author(s):  
Raymond Wacks

This chapter first addresses the following question: what are realists realistic about? It then turns to examine American realism. The focus is on the theories of Oliver Wendell Holmes Jr, Karl Llewellyn, and Jerome Frank, and examines the Scandinavian realists: Alf Ross and Karl Olivecrona. Both ‘schools’ seek to demystify law by questioning the use and meaning of abstract concepts such as ‘justice’, ‘commands’, ‘norms’, and so on. Instead they have adopted an empirical, pragmatic approach to law and the legal system. But they differ in several material respects. These distinctions are examined, and their respective standpoints and methodologies criticized.


Author(s):  
Lisa Waddington

This chapter examines the role of the judiciary with regard to the Convention on the Rights of Persons with Disabilities (CRPD). It considers the relationship which the judiciary have or appear to perceive themselves as having with the CRPD and explores some of the factors seemingly prompting courts to refer to it. The first section reflects on: whether judges are able to choose to refer to the Convention or have a legal duty to do so; the significance of the fact that the CRPD is international law; and whether judges appear to see themselves merely as domestic actors, or as agents or trustees of the CRPD. The second section explores whether judges are referring to the CRPD in response to arguments raised before the court or doing so of their own volition. Also considered are the relevance of amicus curiae interventions; reasons for referral related to the domestic legal system; and the role of particularly engaged individuals.


2021 ◽  
pp. 001139212199001
Author(s):  
Fiorella Mancini

Social distancing and isolation measures in response to COVID-19 have confined individuals to their homes and produced unexpected side-effects and secondary risks. In Latin America, the measures taken by individual governments to mitigate these new daily and experiential risks have varied significantly as have the responses to social isolation in each country. Given these new social circumstances, the purpose of this article is to investigate, from the sociological approach of risk-taking, the relationship between confinement, secondary risks and social inequality. The author argues that secondary risks, despite their broad scope, are deeply structured by social inequalities in contemporary societies, especially in developing countries. To corroborate this hypothesis, a quantitative comparative analysis is performed for the Argentine case. Using data from a web-survey and correspondence analysis (CA), there are three major findings: (1) there are some widespread experiences similarly distributed across all social strata, especially those related to emotional and subjective matters; (2) other risks follow socio-structural inequalities, especially those corresponding to material and cultural aspects of consumption; (3) for specific vulnerable groups, compulsory confinement causes great dilemmas of decision-making between health and well-being.


2020 ◽  
Vol 7 ◽  
Author(s):  
Anne-Kathrin Burmeister ◽  
Katrin Drasch ◽  
Monika Rinder ◽  
Sebastian Prechsl ◽  
Andrea Peschel ◽  
...  

Only a few birds besides domestic pigeons and poultry can be described as domesticated. Therefore, keeping a pet bird can be challenging, and the human-avian relationship will have a major influence on the quality of this cohabitation. Studies that focus on characterizing the owner-bird relationship generally use adapted cat/dog scales which may not identify its specific features. Following a sociological approach, a concept of human-animal relationship was developed leading to three types of human-animal relationship (impersonal, personal, and close personal). This concept was used to develop a 21-item owner-bird-relationship scale (OBRS). This scale was applied to measure the relationship between pet bird owners (or keepers) (n = 1,444) and their birds in an online survey performed in Germany. Factor analysis revealed that the relationship between owner and bird consisted of four dimensions: the tendency of the owner to anthropomorphize the bird; the social support the bird provides for the owner; the empathy, attentiveness, and respect of the owner toward the bird; and the relationship of the bird toward the owner. More than one quarter of the German bird owners of this sample showed an impersonal, half a personal, and less than a quarter a close personal relationship to their bird. The relationship varied with the socio-demographic characteristics of the owners, such as gender, marital status, and education. This scale supports more comprehensive quantitative research into the human-bird relationship in the broad field of human-animal studies including the psychology and sociology of animals as well as animal welfare and veterinary medicine.


2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law


2007 ◽  
Vol 52 (173) ◽  
pp. 85-104 ◽  
Author(s):  
Yereli Burçin ◽  
Erdem Seçilmiş ◽  
Alparslan Başaran

The aim of this study is to examine the relationship between the shadow economy and public debt in Turkey. We elaborate on the questions regarding the negative effects of shadow economy on the sustainability of public debt observing the estimates about the size of shadow economy in Turkey. In the light of some scholars? estimates, we re-evaluate the macroeconomic situation of Turkey. At the core of the study, we discuss how the government borrowing policies would differ if the shadow economy was included into the legal system. In order to examine the effects of shadow economy on sustainability, we use various sustainability indicators. There is a significant difference observed between the calculations which take into account the volume of shadow economy as a share of economic system and those that exclude shadow economy as an exogenous variable. .


2021 ◽  
Author(s):  
YUN-LING YU

The promulgation of the "Civil Code" provides a path for the codification of other important legal departments closely related to the socialist market economy and the improvement of the socialist legal system with Chinese characteristics. However, due to the fact that the development of economic law in our country is relatively short and the economic development is changing rapidly, the current economic code is facing numerous obstacles. This article analyzes the relationship between civil law and economic law, drawing on the innovation of the content of the Civil Code, and puts forward new requirements for the development of the content, concept and system of economic law, and promotes the development of economic law.


2021 ◽  
Vol 14 ◽  
pp. 121-127
Author(s):  
Tatyana Lipai ◽  
Evgeniya Khinevich

The problems of the relationship between language and society attract the attention of researchers from different countries representing various scientific areas: philosophy, history, biology, linguistics, theology, pedagogy, psychology, etc. This study actualizes the sociological approach to the study of the social determinants of the formation of polylingualism as a means of professional communication. According to the sociological results, about 70% of the world's population, to one degree or another, speaks two or more languages, which imposes additional obligations on workers providing international professional communications (Beacco, 2002). Modern multilingual interaction should not be one-sidedly understood only as a borrowing of professional foreign language terminology. It includes the social background of the linguistic material: traditions, mimic and pantomimic codes, the national picture of the world - and becomes the most important factor in professionalization. Methods of systemic and functional analysis, comparison. generalization and collection of empirical data (expert interviews, content analysis).


2020 ◽  
Vol 1 (1) ◽  
pp. 1-16
Author(s):  
Arin Nafiana ◽  
Johan Mahyudi ◽  
Muhammad Khairussibyan

Abstrak: Penelitian ini bertujuan untuk (1) mendeskripsikan bentuk interaksi sosial dalam ketujuh cerpen pada kumpulan cerpen Jendela Cinta karya Fahri Asiza dkk. dan (2) mendeskripsikan pemanfaatan cerpen dalam kumpulan cerpen Jendela Cinta sebagai pembelajaran sastra di SMA. Metode yang digunakan adalah metode deskriptif kualitatif. Teknik pengumpulan data yaitu dokumentasi. Selanjutnya data dianalisis dengan teknik deskriptif analitis yang meliputi pengidentifikasian, pengklasifikasian, dan penyimpulan pada data-data yang terkumpul dari kumpulan cerpen Jendela Cinta karya Fahri Asiza dkk. dengan pendekatan sosiologi sastra, yakni teori interaksi sosial Georg Simmel. Bentuk interaksi sosial dalam teori ini berupa superordinasi dan subordinasi, pertukaran, konflik, prostitusi, dan sosiabilitas. Hasil penelitian ini menunjukkan bahwa ditemukan 37 data dengan rincian data 8 bukti data superordinasi dan subordinasi, 6 bukti data pertukaran, 11 bukti data konflik, 3 bukti data prostitusi, dan 9bukti data sosiabilitas. Pada bentuk interaksi superordinasi dan subordinasi satu di antaranya tergambar dalam hubungan antara tokoh majikan dan tokoh pembantu pada cerpen berjudul “Dia!”, bentuk pertukaran salah satunya tampak melalui tokoh Ratna dan ketiga adiknya pada cerpen “Malam Biru” saat bertukar informasi, bentuk konflik ditemukan satu di antaranya dalam perselisihan antara GAM dan TNI di Aceh yang diceritakan dalam cerpen “Terapung” dan “Bidadari Kecilku”, bentuk prostitusi ditemukan dalam cerpen “Bulan Mengapung” melalui tokoh Parjo dan teman-temannya, dan bentuk sosiabilitas satu di antaranya tergambar melalui keramahan tokoh Aminah dalam cerpen “Jendela Cinta”. Abstract: This research aims to (1) describe the forms of social interactions in the seven short stories called Jendela Cinta by Fahri Asiza et al. and (2) describe the use of short stories in the collection of Jendela Cinta short story as literary learning in senior high school. The method use is descriptive qualitative method. The data collection technique is documentation. Furthermore, the data were analyzed using descriptive analitytical techniques which include identifying, classifying, and inferring data collected from the short story collection of Jendela Cinta by Fahri Asiza et al. with a sociological approach to literature, based on Georg Simmel’s theory of social interaction. The form of social interaction in this theory is in the form of superordination and subordination, exchange, conflict, prostitution, and sociability. The result of this research indicate that found 37 data with 8 data details of superordination and subordination data, 6 evidence of exchange data, 11 evidence of conflict data, 3 evidence of prostitution data, and 9 evidence of sociability data. In the form interaction of superordination and subordination, one of them is illustrated in the relationship between the employer and the maid in the short story “Dia!”, one form of exchange was seen through the character Ratna and her three younger siblings in the short story “Malam Biru” when exchanging information, one form of conflict was seen in a dispute between GAM and TNI in Aceh which was told in the short stories “Terapung” and “Bidadari Kecilku”, a form of prostitution found in the short story “Bulan Mengapung” through Parjo figures and friends, and one form of sociability was seen through Aminah figures in the short story “Jendela Cinta”.


Author(s):  
Jarosław Kola ◽  
Przemysław Pest

The article is an attempt to look at the development of Polish tax law through the prism of the concept of law development proposed by Ph. Selznick and Ph. Nonet. In the study Law and Society in Transition. Towards Responsive Law they distinguished three stages of evolution of legal systems: repressive, autonomous and responsive. The focus of the article is on the institution of the official interpretation of tax law, because an analysis of the transformation of the legal system allows to capture trends that are present in the development of its individual institutions as well as social relationships among its recipients. By indicating the evolution of official in terpretations of tax law in its two basic functions – those of informing and those of guaranteeing (protective) – the authors point to a wider context of the development of tax law to show whether and how changes in the normative regulation of official interpretations of tax law may affect the shape of the relationship between a tax payer and tax administration, where the perspective of the analysis of demand is the responsiveness of law. An analysis of the regulation of an official interpretation of tax law leads to the conclusion that due to the assigned ratio legis this interpretation must characterise them as corresponding mainly to the autonomous model. At the same time a responsive model of law does not undermine the autonomous model attributes. Thus if we were to accept that the provision of interpretation corresponds to the autonomous model, it would not be possible to note that it also has attributes that make it a responsive model. Irrespective of the fact that there is no element of negotiation, it is based on the interaction between the taxpayer and the tax administration. As part of this interaction, tax administration responds to the reported social need in terms of the ambiguity of law, which de iure – not least because of the possibility of bringing an action against the content of interpretation – takes place in the framework of a communication situation that is free from external coercion.


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